Civil procedure code of Austria
Zivilprozessordnung is the Austrian code of civil procedure. It was drafted in 1895 by Franz Klein, and superseded the Josephinian Common Court Regulations of 1781.
Principles
The Austrian litigious proceedings are governed by the following principles:- Orality and publicity : The proceedings are oral and public.
- Fair procedure : audiatur et altera pars.
- Adversarial system : The parties determine the commencement and subject of action.
- Ex officio proceedings : The conduct of legal proceedings and the service of process rests with the court.
- Cooperative principle : The parties and the court cooperate by making factual claims, presenting evidence, and by exercising actions of procedural authority.
- Immediacy principle : Only the judge before whom litigation takes place may take evidence and decide.
- Free consideration of evidence : The judge decides freely on which facts he considers proven.
- Procedural economy : Principles governing a speedy and focused procedure.
- * Freedom of assertion : The parties are free to present facts and evidence and to file motions until the end of the oral proceedings.
- * Duty to bring matters to court in good time : The parties are obliged to present their pleadings timely and completely, in order for the proceedings to proceed quickly.
- * Interdiction of novation : The presentation of evidence and the making of factual claims are restricted to first instance proceedings.