Prorogation (Liechtenstein)
In Liechtenstein civil procedure law, the agreement of the parties to a legal dispute about the applicable place of jurisdiction is referred to as prorogation (prorogatio fori) .
In accordance with Section 53 of the Liechtenstein Jurisdiktionsnorm (JN), parties can submit to the Liechtenstein Regional Court, which is not competent per se, through an express, informal agreement (Section 53 (1) 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. However, matters that are beyond the scope of the courts at all cannot be brought to court by such an agreement " ( Section 53 (2) JN).
" The regional court, which is not competent in itself, is also competent to the extent that it can be made competent by agreement of the parties, in that the defendant hears the main matter orally without having raised the objection in good time " (Section 53 (3) JN).
Special regulation for legal persons
According to Art 114 PGR , the courts and administrative authorities at the place of their registered office are responsible for association members " subject to special legal provisions " (Art 114 Para. 1 PGR).
For disputes
- between an association person and their members from the membership, as well as
- for claims of the creditors from the responsibility or due to dissolution,
- Foreign association persons who have a branch in Germany,
- or similar
" By law, unless an exception is provided by law, such as in the case of association members under foreign law, the place of jurisdiction at the place of the registered office of the association member, even if the statutes otherwise provide for an arbitral tribunal " (Art 114 Paragraphs 2 and 3 PGR . Thus for Liechtenstein association persons always the regional court).
" The Liechtenstein judge is responsible for actions based on responsibility in all cases if the person concerned is a Liechtenstein association person or branch or if the defendant is domiciled or domiciled in Germany " (Art. 114 para. 4 PGR).
Individual evidence
- ↑ The Liechtenstein Jurisdiction Act was in essential parts from Austria rezipiert .
