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How did Austria's 1895 Code of Civil Procedure change the role of judges and oral hearings?
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Civil law
Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.
Austria’s Code of Civil Procedure of 1895 significantly reformed civil litigation by prioritizing the principle of oral presentation. Under this code, only matters presented orally in open court were considered relevant for a judicial decision, relegating written documents to a merely preparatory role.1
This shift fundamentally altered the roles of both judges and the parties involved:
- Role of the Judge: Judges were no longer passive observers. They were explicitly directed to ensure that all relevant facts were stated, granting them an active role in guiding the litigation process. Furthermore, the code mandated that witnesses be heard directly by the judge or court responsible for deciding the case, rather than by a delegated official who would merely prepare a written record.1
- Role of the Parties: The code imposed a duty on the parties to present their cases both fully and truthfully, reinforcing the importance of the oral proceedings in establishing the facts of the case.1
These reforms were highly influential, serving as a model for procedural amendments in many other countries, including Japan and France.1