Austrian law
Quick Summary
Austrian law is based on a democratic republic framework established by the constitution of 1920, which has been revived and amended since then. The country is a federal republic composed of nine self-governing states, each with considerable autonomy.1
The administration of justice in Austria is independent of legislative and administrative bodies. Judges are appointed by the cabinet and cannot be dismissed or transferred without the agreement of judicial panels. Austria has three high courts: a supreme court for civil and criminal matters, a top administrative court, and a constitutional court that handles constitutional issues, civil rights, and election disputes.2
Historically, Austria's Code of Civil Procedure of 1895 was groundbreaking, emphasizing oral presentation and the judge's active role in ensuring all relevant facts were presented. This model influenced procedural reforms in other countries, including France and Japan.3
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- criminal lawCommon law and code law
…code came into force in Austria. New criminal codes were also published in Portugal (1982) and Brazil (1984). France enacted important reform laws in 1958, 1970, 1975, and 1982, as did Italy in 1981 and Spain in 1983. Other reforms have been under way in Finland, the Netherlands, Belgium, Switzerland,…
Read More…code came into force in Austria. New criminal codes were also published in Portugal (1982) and Brazil (1984). France enacted important reform laws in 1958, 1970, 1975, and 1982, as did Italy in 1981 and Spain in 1983. Other reforms have been under way in Finland, the Netherlands, Belgium, Switzerland,…
Read More - criminal lawDegrees of participation
Italian and Austrian law treat all participants in a crime as principals in the first degree, with the exception of accessories after the fact. The Model Penal Code and the law in most U.S. states treat the actions of an accessory after the fact as a separate…
Read MoreItalian and Austrian law treat all participants in a crime as principals in the first degree, with the exception of accessories after the fact. The Model Penal Code and the law in most U.S. states treat the actions of an accessory after the fact as a separate…
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- bankruptcyPersons subject to judicial liquidation of their estates
…and, following its example, the Austrian and Japanese acts extend bankruptcy proceedings to all natural and legal persons, whether or not they are engaged in commerce and without differentiating between petitions by the bankrupt himself or by creditors. In the United States, individuals, whether merchants or nonmerchants, as well as…
Read More…and, following its example, the Austrian and Japanese acts extend bankruptcy proceedings to all natural and legal persons, whether or not they are engaged in commerce and without differentiating between petitions by the bankrupt himself or by creditors. In the United States, individuals, whether merchants or nonmerchants, as well as…
Read More - competence and jurisdiction
…exercised; and in Germany and Austria, by contrast, the location of property often determines jurisdiction.
Read More…exercised; and in Germany and Austria, by contrast, the location of property often determines jurisdiction.
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procedural lawCivil-law codificationsAustria broke new ground in its Code of Civil Procedure of 1895, which adopted comprehensively the principle of oral presentation: only matters presented orally in open court were important for a decision of the case; writings could have only a preparatory role; witnesses no longer…
Read MoreAustria broke new ground in its Code of Civil Procedure of 1895, which adopted comprehensively the principle of oral presentation: only matters presented orally in open court were important for a decision of the case; writings could have only a preparatory role; witnesses no longer…
Read More