Prorogation (Austria)

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As prorogation (prorogatio fori) is the agreement of the parties to a legal dispute about the applicable place of jurisdiction in Austrian civil procedure law . According to Section 104 (1) of the Austrian Jurisdiktionsnorm (JN), the parties can submit by express agreement:

  1. the domestic jurisdiction
  2. one or more courts of first instance of the named places.

unless otherwise expressly stipulated in whole or in part under international law or special statutory provisions (Section 104 (5) JN).

" The agreement only has legal effect if it relates to a specific legal dispute or to the legal disputes arising from a specific legal relationship which belong before a district court, are not brought before a court of first instance and only disputes assigned to the courts of first instance are not brought before a district court "(Section 104 (2) JN).

" A court that is not competent due to the lack of domestic jurisdiction or the factual or local jurisdiction also becomes competent if the defendant brings forward the matter (Section 74 ZPO) or hears it orally without the objection of the lack of domestic jurisdiction or the factual or local jurisdiction if he is represented by a lawyer or a notary or if he has previously been instructed by the judge about the possibility of such an objection and its effect and this instruction has been documented in the negotiation protocol "(§ 104 para 3 JN) .

Another applies in administrative law. According to Section 6 (2) AVG, the authority's responsibility cannot be established or changed by agreement between the parties.