Civil Procedure in Austria, 2nd Edition

Law › Civil Procedure

Civil Procedure in Austria, 2nd Edition

By Walter H. Rechberger
Kluwer Law International May 2016

Specifications

ISBN-13
9789041167514
Publisher
Kluwer Law International
Publication
May 2016
Format
Paperback , 120 pages
Jurisdiction
Austria ? Countri(es) for reference only

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.

Table of Contents

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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