Zivilprozessordnung (ZPO) is the
Austrian code of
civil procedure.
It was drafted in 1895 by
Franz Klein, and superseded the
Josephinian Common Court Regulations (Allgemeine Gerichtsordnung (AGO)) of 1781.
Principles
The Austrian litigious proceedings (Streitiges Verfahren) are governed by the following principles:
*
Orality and
publicity
In marketing, publicity is the public visibility or awareness for any product, service, person or organization (company, charity, etc.). It may also refer to the movement of information from its source to the general public, often (but not always) ...
(Grundsatz der Mündlichkeit und der Öffentlichkeit): The proceedings are oral and public.
*
Fair procedure (Grundsatz des beiderseitigen rechtlichen Gehörs):
audiatur et altera pars.
*
Adversarial system (Dispositionsgrundsatz): The parties determine the
commencement and subject of action.
*
Ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
proceedings (Grundsatz des Amtsbetriebs): The conduct of
legal proceedings and the
service of process
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person s ...
rests with the court.
*
Cooperative principle
In social science generally and linguistics specifically, the cooperative principle describes how people achieve effective conversational communication in common social situations—that is, how listeners and speakers act cooperatively and mutual ...
(Kooperationsgrundsatz): The parties and the court cooperate by making factual claims, presenting evidence, and by exercising actions of procedural authority.
* Immediacy principle (Unmittelbarkeitsgrundsatz): Only the judge before whom litigation takes place may take evidence and decide.
* Free consideration of evidence (freie Beweiswürdigung): The judge decides freely on which facts he considers proven.
*
Procedural economy (Prozessökonomie): Principles governing a speedy and focused procedure.
** Freedom of assertion (Freiheit des Vorbringens): 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 (Prozessförderungspflicht): The parties are obliged to present their pleadings timely and completely, in order for the proceedings to proceed quickly.
** Interdiction of novation (Neuerungsverbot): The presentation of evidence and the making of factual claims are restricted to first instance proceedings.
References
Law of Austria
Codes of civil procedure
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