Code of Civil Procedure (Liechtenstein)

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Basic data
Title: Code of Civil Procedure
Abbreviation: ZPO
Type: State Law
Scope: Principality of Liechtenstein
Legal matter: Civil procedural law
Issued on: December 10, 1912
Entry into force on: June 1, 1913
Please note the note on the applicable legal version.

The Liechtenstein Code of Civil Procedure (ZPO; abroad: FL-ZPO) regulates the judicial procedure in civil disputes and thus represents the central procedural code for legal disputes about claims under private law.

history

The Code of Civil Procedure came into force on June 1, 1913 and has been amended several times since then. Transitional provisions are contained in the law of December 10, 1912 , which was enacted and entered into force at the same time, regarding the introduction of the code of civil procedure and the norm of jurisdiction , LGBl. 9/3/1912 (short Introductory Act to the Code of Civil Procedure or EGZPO ).

Since the Liechtenstein Extraordinary Disputes Act, which came into force on January 1, 2011 , contains its own comprehensive regulation of the procedure adapted to the needs of the non-litigation procedure, the provisions of the Code of Civil Procedure are not to be applied analogously in the proceedings except for disputes , but only there and to the extent that it expressly orders the non-dispute law, z. B. the provisions on the process capability , subsidiary to authorized representatives, on the instruction and instruction obligation of the judge, the taking of evidence , the correction and amendment of decisions, on minutes , files, meeting police, insults in briefs, penalties, deadlines, etc. a. m.

With the entry into force of the Code of Civil Procedure and the Jurisdiktionsnorm on June 1, 1913 occurred in particular

  • the General Court Rules of May 1, 1781,
  • the regulations on the procedure in disputed marriage matters introduced by the princely ordinance of October 16, 1819,
  • the regulation on proceedings in disputes relating to property disputes introduced by the princely ordinance of December 10, 1858,
  • the regulation on the procedure in bills of exchange issued by the princely ordinance of November 20, 1858,
  • the provisions of Sections 1 to 5 of the Act of 9 October 1865, LGBl. 1865 No. 5/1, regarding debt operations in the Principality of Liechtenstein,

partially or completely invalid.

content

The Code of Civil Procedure regulates the party and litigation ability , the position of the parties to the litigation as well as the tasks and powers of the judge , the principles for written submissions, deadlines and meetings and consequences of default , the general procedural principles, the course of the negotiation from the complaint to the judgment and the provisions on judgments and resolutions , the appeal procedure and special types of procedure.

Not in the civil procedure code, but in the law of 10 December 1912 on the exercise of jurisdiction and the jurisdiction of the courts in civil cases (Jurisdiktionsnorm, JN), LGBl 9/2/1912, the factual and local jurisdiction of the courts in civil matters is regulated including the appeal process as well as the composition of the courts depending on jurisdiction (single judge - Senate, see court organization in Liechtenstein ).

The foreclosure is not in the Code of Civil Procedure, but especially in the law of 24 November 1971 on the Exekutions- and legal assurance procedures (Enforcement Code; EO), LGBl 32/2/1972 regulated.

structure

  • 1st part . General provisions
    • 1st section. Parties
      1. Title - process capability (§ 1 to § 10)
      2. Title - Disputes Association and Main Intervention (§ 11 to § 16)
      3. Title - Third Party Involvement in Legal Disputes (Sections 17 to 24)
      4. Title - Authorized Representative (Sections 25 to 39)
      5. Title - litigation costs (§ 40 to § 55)
      6. Title - Security deposit for legal costs (§ 56 to § 62)
      7. Title - Legal aid (Sections 63 to 73)
    • 2nd section. Procedure
      1. Title - Briefs (Sections 74 to 86)
      2. Title - notifications (§ 87 to § 122)
      3. Title - deadlines and bylaws (§ 123 to § 143)
      4. Title - Consequences of default, reinstatement in the previous status (§ 144 to § 154)
      5. Title - Interruption and suspension of proceedings (§ 155 to § 170)
    • Third section. Hearing
      1. Title - Public (§ 171 to § 175)
      2. Title - Lectures by the parties (§ 176 to § 196)
      3. Title - Meeting Police (§ 197 to § 201)
      4. Title - comparison (§ 202 to § 206)
      5. Title - minutes of negotiations (§ 207 to § 217)
      6. Title - files (§ 218 and § 219)
      7. Title - Penalties (§ 220)
      8. Title - Sunday rest and court holidays (§ 221 to § 225)
  • 2nd part . Proceedings before the court of first instance
    • 1st section. Proceedings pending judgment
      1. Title - attempted settlement, lawsuit, first meeting and dispute negotiation (§ 226 to § 265)
      2. Title - General provisions on evidence and the taking of evidence (§ 266 to § 291)
      3. Title - evidence by means of documents (§ 292 to § 319)
      4. Title - evidence by witnesses (§ 320 to § 350)
      5. Title - evidence by experts (§ 351 to § 367)
      6. Title - visual evidence (§ 368 to § 370)
      7. Title - evidence by questioning the parties (§ 371 to § 383)
      8. Title - Securing Evidence (Sections 384 to 389)
    • 2nd section. Judgments and resolutions
      1. Title - Judgments (Sections 390 to 424)
      2. Title - Resolutions (Sections 425 to 430)
  • 3rd part appeal
    • 1st section. Appeal (§ 431 to § 470)
    • 2nd section. Revision (§ 471 to § 482)
    • 3rd section. Appeal (§ 483 to § 496)
  • 4th part . Action for annulment and reopening (§ 497 to § 515)
  • 5th part . Special types of procedure
    • 1st section. Proceedings in matrimonial matters (Sections 516 to 534)
    • 2nd section. Small claims proceedings (Sections 535 to 540)
    • 3rd section. Owner protection procedure (§ 541 to § 547)
    • 4th section. Mandate procedure (§ 548 to § 554)
    • 5th section. Procedure in exchange disputes (Sections 555 to 559)
    • 6th section. Procedure in existing disputes (§ 560 to § 576)
    • 7th section. Mandate procedure
    • a) Debt instigation (Sections 577 to 593)
    • b) Legal notice procedure (§ 593a to § 593e)
    • 8th section. Arbitration
      1. Title - General Provisions (§ 594 to § 597)
      2. Title - Arbitration Agreement (Sections 598 to 602)
      3. Title - formation of the arbitral tribunal (§ 603 to § 608)
      4. Title - Jurisdiction of the Arbitral Tribunal (Sections 609 and 610)
      5. Title - Conduct of the arbitration proceedings (§ 611 to § 619)
      6. Title - Award and Termination of Proceedings (Sections 620 to 627)
      7. Title - Appeal against the arbitral award (sections 628 to 630)
      8. Title - Recognition and Declaration of Enforceability of Foreign Arbitral Awards (Section 631)
      9. Title - Judicial Procedure (Sections 632 and 633)
      10. Title - Special Provisions (§ 634)

The courts

Civil jurisdiction is exercised by the ordinary (state) courts. The court of first instance has to accept the requests of the parties to carry out the evidence procedure and - if the proceedings are not terminated beforehand for other reasons - to pass a judgment . The decisions of the court of first instance are subject to review by the appellate court and in some cases also by the Supreme Court .

Jurisdiction

The jurisdiction of the respective first court is not regulated in the ZPO itself, but in another law, the Jurisdiktionsnorm (JN).

Instance move

The following can be called upon to make a decision in the first instance:

in the first court of appeal the Princely Higher Court,

in the 2nd court of appeal the Princely Supreme Court.

If an appeal to the Supreme Court is admissible, it decides in the third and at least last instance.

reception

As was the case with the General Court Order of 1781, the Code of Civil Procedure was largely adopted from Austria ( ÖZPO ) (but with a different number and instead of paragraphs with the designation Article) .

The changes in the Austrian code of civil procedure will be adopted in Liechtenstein with a time delay and will be adopted with changes and adjustments to the national characteristics (see e.g. with regard to the actuarial deposit ).

In the case law in Liechtenstein, the case law of the Austrian Supreme Court on the Austrian code of civil procedure is used to interpret the Liechtenstein code of civil procedure.

See also

literature

Liechtenstein:

Web links

Individual evidence

  1. ↑ Introduced in Liechtenstein by the Princely Ordinance of February 18, 1812 regarding the introduction of the General Civil Code, the General Austrian Court Code and the Austrian Code of Crimes and Serious Police Offenses.