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Civil Procedure in Austria, 2nd Edition

Civil Procedure in Austria, 2nd Edition

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041167514
  • Published In: May 2016
  • Format: Paperback , 120 pages
  • Jurisdiction: Austria ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 870.00

HKD 843.90 Save HKD 26.10 (3%)

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  • Description 
  • Contents 
  • Details

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Austria. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

    The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

    Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Austriawill welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

  • The Author

    List of Abbreviations

    General Introduction

    Part I. Judicial Organization

    Chapter 1. The Courts and Their Members

    Chapter 2. The Bar

    Chapter 3. Other Court Officials

    Part II. Jurisdiction

    Chapter 1. Domestic Jurisdiction

    Chapter 2. International Jurisdiction

    Part III. Actions and Claims

    Chapter 1. Actions

    Chapter 2. Claims and Defences

    Chapter 3. Sanctions on Procedural Irregularities

    Part IV. Proceedings

    Chapter 1. Pre-trial Proceedings

    Chapter 2. Proceedings in First Instance

    Chapter 3. Review Proceedings

    Part V. Incidents

    Chapter 1. Preliminary Injunctions

    Chapter 2. Withdrawal and Discontinuance of Action

    Chapter 3. Challenge of Judges

    Part VI. Legal Aid and Legal Costs

    Chapter 1. Legal Aid

    Chapter 2. Legal Costs

    Part VII. Evidence

    Chapter 1. In General

    Chapter 2. The Free Evaluation of the Evidence

    Chapter 3. Burden of Proof

    Chapter 4. Admissibility of Evidence

    Chapter 5. Administration of Evidence

    Part VIII. Particular Proceedings

    Chapter 1. Labour and Social Cases

    Chapter 2. Family Law Cases

    Chapter 3. Tenancy Cases (Bestandverfahren)

    Chapter 4. Public Liability (Amtshaftungsverfahren)

    Part IX. Preliminary Seizure and Enforcement of Judgments

    Chapter 1. Preliminary Seizure for Security (Exekution zur Sicherstellung)

    Chapter 2. Enforcement of Judgments

    Part X. Arbitration

    Chapter 1. Introduction

    Chapter 2. Arbitration Proceedings

    Part XI. Mediation

    Chapter 1. Legislation/Definitions

    Chapter 2. Rights That Can Be Subject to Mediation

    Chapter 3. Mediation Agreement

    Chapter 4. Persons/Institutions That Can Act as Mediator

    Chapter 5. Mediation Procedure

    Chapter 6. Settlement Agreement

    Chapter 7. Setting Aside a Settlement Agreement

    Chapter 8. International Mediation

    Selected Bibliography

    Index

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