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What are the objectives of civil proceedings, and why is equality of opportunity important?

The primary purpose of civil proceedings is to resolve disputes in a simple and cost-effective manner. This is done either through a court judgment or, ideally, through a settlement. At the same time, it is essential to ensure a fair starting position for all parties so that financially weaker participants are not disadvantaged.

Which courts have jurisdiction in the first instance, and how are appeals decided?

In principle, first-instance decisions are made by regional or district courts. In Vienna, there are additional specialized courts (such as the Commercial Court). Appeals against first-instance judgments can be lodged, and depending on the case, the decisions are then reviewed by regional courts, higher regional courts, or ultimately by the Supreme Court.

How does civil procedure differ from criminal procedure?

In criminal proceedings, the state, represented by the public prosecutor’s office, actively prosecutes and brings charges, whereas civil proceedings largely leave the initiative to the parties involved. Civil proceedings regulate legal relationships between private individuals of equal status, while criminal proceedings deal with the prosecution of unlawful conduct.

What types of proceedings fall under civil law, and how is the distinction made between contentious and non-contentious proceedings?

Civil proceedings include decision-making procedures (e.g., civil lawsuits) and enforcement procedures (e.g., insolvency and execution proceedings). Contentious proceedings are governed by the Code of Civil Procedure, while non-contentious proceedings fall under the Non-Contentious Matters Act. The applicable procedure is determined by law based on formal criteria.

How is the number of judges determined, and what role do lay judges play?

In the first instance, district courts generally decide cases with a single judge, while regional courts may involve either a single judge or a panel of three judges, depending on the dispute value. In commercial, labor, and social law cases, expert lay judges may also participate to contribute specialized knowledge or practical experience.

What does dispute value mean, and why is it important in civil proceedings?

The dispute value reflects the financial worth of the claims asserted and influences key aspects such as court jurisdiction, potential litigation costs, the obligation to hire a lawyer, and the admissibility of appeals. The relevant dispute value is usually determined at the time the lawsuit is filed.

What types of claims exist in civil litigation?

There are three main types of claims: performance claims, declaratory claims, and constitutive claims. Performance claims seek to compel the defendant to take or refrain from a specific action. Declaratory claims aim to determine whether a particular legal relationship exists. Constitutive claims establish, modify, or terminate a legal relationship through a court judgment.

How does a typical payment order procedure work?

For monetary claims up to a certain threshold, the payment order procedure can be used. After the lawsuit is filed, the court issues a conditional payment order. If this remains uncontested, it becomes legally binding and enforceable. If the defendant objects, an oral hearing takes place, followed by a court ruling.

When is a settlement possible, and what is its effect?

A settlement can be reached at any time during the oral proceedings. It terminates the case and provides a binding resolution to the dispute. If the settlement involves a performance obligation, it becomes an enforceable title, allowing the agreed performance to be compulsorily executed in case of non-compliance.

How are legal costs determined, and who bears them in the end?

Legal costs include court fees, expenses (e.g., for witnesses or expert opinions), and attorney fees. The general principle is “cost liability based on success”: the losing party must cover the legal costs of the winning party. If the success is only partial, costs are allocated proportionally or neutralized depending on the percentage of success.

What is legal aid, and how can it be requested?

Legal aid allows parties with low income to have court fees and other legal costs waived temporarily or to receive free legal representation. It must be requested from the competent court and is granted if the costs would jeopardize the applicant’s essential livelihood and if the legal action is not frivolous or hopeless.

More information can be found here > Questions about civil law