Code of Civil Procedure (Austria)

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Basic data
Title: Code of Civil Procedure
Long title: Act of August 1, 1895 on
judicial proceedings
in civil disputes
(Code of Civil Procedure)
Abbreviation: ZPO
Type: Federal law
Scope: Republic of Austria
Legal matter: Civil procedural law
Reference: RGBl. No. 113/1895
Date of law: August 1, 1895
Last change: BGBl. I No. 109/2018
Please note the note on the applicable legal version !

The Austrian Code of Civil Procedure (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 in accordance with Article I, Paragraph 1 of the Act of August 1, 1895 regarding the introduction of the Act on Judicial Procedure in Civil Litigation (Code of Civil Procedure) , RGBl. 112/1895 (briefly Introductory Act to the Code of Civil Procedure or EGZPO , which, in addition to transitional provisions, also contained provisions for stock exchange arbitration courts ) came into force on January 1, 1898 . With the entry into force, the previously applicable General Court Regulations of 1781 ceased to apply .

The creator of this law, which is still in force today and has since been amended more than 75 times, was the then official in the Ministry of Justice, Franz Klein . Even after the " Anschluss of Austria " to the German Reich , the ZPO remained in force in the formerly Austrian territories.

The provisions of the Code of Civil Procedure are basically in the process on labor and social law matters apply, so far not in the Labor and Social Court Act something else is arranged.

Since the new Non-Disputes Act, which came into force on January 1, 2005 , contains its own comprehensive regulation of the procedure adapted to the needs of the non-dispute procedure, the provisions of the Code of Civil Procedure are not to be applied 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.

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 Code of Civil Procedure, but in the Act of August 1, 1895 on the Exercise of Jurisdiction and the Competence of the Ordinary Courts in Civil Matters ( Jurisdiktionsnorm ) , RGBl. 111/1895, regulates the factual and local jurisdiction of the courts in civil law matters, including the appeal to the courts, as well as the composition of the courts depending on jurisdiction (single judge - Senate, see court organization in Austria ).

The foreclosure is not in the Civil Procedure Code, but in the law of 27. May 1896 on the Exekutions- and Sicherungvserfahren ( Enforcement Code ) , RGBl. 79/1896, regulated.

structure

  • First part . General provisions
    • First section. Parties
      1. Process capability
      2. Cooperative and main intervention
      3. Third Party Involvement in Litigation
      4. plenipotentiary
      5. Litigation costs
      6. Security deposit for process costs
      7. Legal aid .
      8. Sign language interpreter
      9. Process support
    • Second part. Procedure
      1. Briefs
      2. Deliveries
      3. Deadlines and bylaws
      4. Consequences of failing to be reinstated in the previous state
      5. Interruption and suspension of the proceedings.
    • Third section. Hearing
      1. Publicity
      2. Lectures by the parties and process management
      3. Meeting police
      4. comparison
      5. Logs
      6. Files
      7. Punish
      8. Sundays and public holidays, suspension of deadlines
  • Part two . Proceedings before the courts of first instance
    • First section. Proceedings pending judgment
      1. Lawsuit, Response, Preparatory Procedure, and Dispute Negotiation
      2. General provisions on evidence and the taking of evidence
      3. Evidence by documents
      4. Evidence by witnesses
      5. Proof by experts
      6. Visual evidence
      7. Evidence by questioning the parties
      8. Securing evidence.
    • Second part. Judgments and resolutions
      1. Judgments
      2. decisions
  • Third part . Proceedings before the district courts
  • Fourth part . Appeal
    • First section. vocation
    • Second part. Revision
    • Third section. Appeal
    • Fourth section. Party motion to examine the legality of ordinances and announcements on the republication of a law (state treaty), the constitutionality of laws and the legality of state treaties
  • Part five . Action for annulment and reopening

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). The individual jurisdiction of the court arises from two components:

1. Local jurisdiction
This is the existence of a local point of contact for a legal matter that establishes the place of jurisdiction. A distinction must be made between

  • the general place of jurisdiction (seat / domicile of the defendant)
  • the exclusive places of jurisdiction (which exclude the general place of jurisdiction; e.g. location of the location of the rental property, the pledged item)
  • Optional place of jurisdiction (which the plaintiff can choose instead of a general or exclusive place of jurisdiction; e.g. place of damage, place of performance of the contract)
  • Compulsory jurisdiction (e.g. representative actions)

2. Material competence
This is the existence of an objective point of contact for a legal matter (e.g. general disputes, commercial matters, labor and social law matters, existing matters, matrimonial matters)

In addition, some agreements between the parties regarding places of jurisdiction are permitted.

Instance move

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

1. District courts in proceedings

  • with amounts in dispute up to € 15,000
  • in cases that are expressly assigned to the district courts (e.g. existing matters, matrimonial matters, disruptions of property)

2. Regional courts in proceedings

  • with amounts in dispute of more than € 15,000.00
  • in legal matters that are expressly assigned to the regional courts (e.g. labor and social law matters, official liability matters)

The regional courts are appointed to review the first instance decisions of the district courts, and the higher regional courts are responsible for those of the regional courts.

If an appeal to the Supreme Court is then still admissible, it decides in the third and in any case last instance.

reception

Liechtenstein

The Austrian Code of Civil Procedure was largely adopted (but with a different number and instead of paragraphs with the designation Article) in the Principality of Liechtenstein and is still in force (Law of December 10, 1912 on judicial proceedings in civil litigation [Civil Procedure Code], LGBl 9 / 1/1912, FL-ZPO ).

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 (OGH) on the Austrian code of civil procedure is used to interpret the Liechtenstein code of civil procedure .

Czech Republic

The Austrian Code of Civil Procedure came into force on January 1st, 1898 in the Czech Republic (at that time Bohemia , Moravia and Silesia ). It was replaced on January 1, 1950 by a new code of civil procedure, which was mainly based on the code of civil procedure of the Soviet Union . See: Code of Civil Procedure (Czech Republic) .

See also

literature

Liechtenstein:

Web links

Individual evidence

  1. ↑ Petr Lavický, Eva Dobrovolná in The Czech Civil Procedure Law , in the Journal for European Law, International Private Law and Comparative Law , April 2016, 02, p. 89 f.