Partial legal capacity (Austria)

In Austrian law, partial legal capacity denotes a legally recognized legal status for certain federal institutions.

The legal institution

The organizational laws of (federal) institutions can expressly grant them partial legal capacity . This applies in particular to public institutes and facilities, e.g. B. the Austrian Federal Patent Office, educational and research institutions, geological and meteorological federal institutions, statistical offices, public libraries, museums and the like. Institutions with partial legal capacity are not subject to the Federal Budget Act (Section 1 (6) BHG), insofar as they act within the framework of partial legal capacity.

Individual facilities

Austrian Patent Office

The legal basis is Section 58a of the Patent Act, which states that “the Austrian Patent Office has legal personality (partial legal capacity) as it is entitled to acquire assets and rights through the following services and information in the field of industrial property protection:…” and the ordinance of the President of the Patent Office, with whom the services and information to be provided within the framework of the partial legal capacity of the patent office are determined (partial legal capacity regulation - TRFV) .

Federal Geological Institute

The legal basis is the Research Organization Act, which in Section 18a defines the legal personality and partial legal capacity of the Federal Geological Institute .

Central Institute for Meteorology and Geodynamics

The legal basis is again the Research Organization Act, which in its provisions on the legal position and tasks of the ZAMG (§ 20 f FOG) refers to the analogous validity of the partial legal capacity standardized for the Federal Geological Institute (§ 18a FOG).

Federal Institute for Educational Research, Innovation and Development in Education

Section 20a of the Federal School Supervision Act defines the partial legal capacity of the BIFIE : "If the Federal Institute does not act for the federal government (Section 1) in the fulfillment of its tasks (Section 20b), it has its own legal personality and its organs act in the name and for the account of the Federal Institute (partial legal capacity) ".

Experimental and research institutes

According to § 128c School Organization Act (partial legal capacity) determined that "are created at the schools in this state [...] organizations with legal personality [can]." For this, the to include higher vocational schools set up research institutes (mostly at technical colleges ) and research institutions (in other BHS ). You will take on tasks in the standardization, assessment and expert services sector.

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