Angular writing regulation
| Basic data | |
|---|---|
| Title: | Angular writing regulation |
| Long title: | Ordinance of the Ministry of Justice of June 8th, 1857, effective for the entire extent of the empire, with the exception of the military frontiers, concerning the treatment of angle writers. |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Professional law |
| Reference: | RGBl. No. 114/1857 |
| Date of law: | June 8, 1857 |
| Effective date: | June 9, 1857 |
| Last change: | Federal Law Gazette No. 343/1989 |
| Legal text: | Angular writing regulation |
| Please note the note on the applicable legal version ! | |
The Angular Typing Ordinance in Austria regulates the unauthorized exercise of the profession of lawyer (“legal friend”) and the commercial drafting of documents and submissions to courts (§ 1 Angular Typing Ordinance).
In the course of the decades, this prohibition of angle writing from the angle writing regulation was also applied to other areas of law, such as B. the administrative law, expanded more and more.
history
The Winkelschreibereiverordnung is one of the oldest legal sources in Austria, which was still largely unchanged from the Habsburg Monarchy . In the 150 years of existence of the monarchy and republic, this ordinance was only adapted or changed six times, four of them after 1945.
The angle writing regulation served to harmonize the regulations previously existing in the crown lands and was decreed by the Ministry of Justice . It consists of five paragraphs without subheadings or headings (titles), of which only Section 4 (legal remedies) 1895 (introduction of the Code of Civil Procedure) was repealed.
Threat of punishment
Anyone found guilty of angle typing according to the angle writing regulation can be punished with a fine of up to 60,000 schillings or now around 4,360 euros or imprisonment for up to six weeks (§ 3 angle writing regulation).
Legal action against lawyers and notaries who sign judicial submissions written by angle clerks for third parties or in whatever other way encourage clerical writing must be dealt with in a disciplinary manner (§ 5 Angular Writing Ordinance).
Anyone who, within the meaning of Section 57 (2) RAO, offers or carries out an activity reserved for lawyers by the RAO without authorization, commits an administrative offense and is punishable with a fine of up to 16,000 euros, unless this act is also subject to other provisions on the criminal liability of angle typing be punished.
Extension of the scope
The angle writing was expanded further and further to other areas of law and explicitly includes z. B. also the following laws (examples):
- Art. 3 Introductory Act to the Administrative Procedure Acts 2008
- Section 71 Trademark Protection Act 1970
- Section 78 Patent Act 1970
- Section 57 Lawyers' Act
- § 4 Professional and Exercise Rules for Personal Loan Brokers
- Section 29 Code of Civil Procedure
- Art IV no. 5 EGZPO in connection with JMV RGBl. No. 114/1857
Web links
- Federal legal information system
- Angular writing ordinance in the version of June 8, 1857.
Individual evidence
- ↑ Long text of the ordinance and in the original spelling: Ordinance of the Ministry of Justice of June 8, 1857, effective for the entire extent of the empire, with the exception of the military frontiers, regarding the treatment of angle writers , RGBl. No. 114/1857.
- ↑ RGBl. No. 112/1895, StGBl. No. 95/1919, BGBl. No. 26/1948, BGBl. No. 422/1974, BGBl. No. 91/1976, BGBl. No. 343/1989.
- ↑ See preamble to the regulation.
- ↑ In the original version in 1857, a fine of 5 to 200 guilders and a minimum of 24 hours of arrest were provided.
- ↑ Lawyers' Act, ÖRGBl. No. 96/1868.
