Zivilprozessordnung (ZPO) is the

Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...

n code of

civil procedure Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...

. It was drafted in 1895 by Franz Klein, and superseded the Josephinian Common Court Regulations (Allgemeine Gerichtsordnung (AGO)) of 1781.

Principles

The Austrian litigious proceedings (Streitiges Verfahren) are governed by the following principles: *

Orality Orality is thought and verbal expression in societies where the technologies of literacy (especially writing and print) are unfamiliar to most of the population. The study of orality is closely allied to the study of oral tradition. The term "ora ...

and

publicity In marketing, publicity is the public visibility or awareness for any product, service, person or organization. It may also refer to the movement of information from its source to the general public, often (but not always) via the media. The sub ...

(Grundsatz der Mündlichkeit und der Öffentlichkeit): The proceedings are oral and public. *

Fair procedure Fair procedure is a common law doctrine that arises from a line of groundbreaking decisions of the Supreme Court of California dating back to the 1880s. Certain types of private actors (especially professional associations, unions, hospitals, and ...

(Grundsatz des beiderseitigen rechtlichen Gehörs): audiatur et altera pars. *

Adversarial system The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of peopl ...

(Dispositionsgrundsatz): The parties determine the commencement and subject of action. *

Ex officio An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by r ...

proceedings (Grundsatz des Amtsbetriebs): The conduct of

legal proceeding Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings ...

s and the

service of process Each legal jurisdiction has rules and discrete terminology regarding the appropriate procedures for serving legal documents on a person being sued or subject to legal proceedings. In the U.S. legal system, service of process is the procedure ...

rests with the court. *

Cooperative principle In social science generally and linguistics specifically, the cooperative principle describes how people achieve effective conversational communication in common social situations—that is, how listeners and speakers act cooperatively and mutual ...

(Kooperationsgrundsatz): The parties and the court cooperate by making factual claims, presenting evidence, and by exercising actions of procedural authority. * Immediacy principle (Unmittelbarkeitsgrundsatz): Only the judge before whom litigation takes place may take evidence and decide. * Free consideration of evidence (freie Beweiswürdigung): The judge decides freely on which facts he considers proven. * Procedural economy (Prozessökonomie): Principles governing a speedy and focused procedure. ** Freedom of assertion (Freiheit des Vorbringens): The parties are free to present facts and evidence and to file motions until the end of the oral proceedings. ** Duty to bring matters to court in good time (Prozessförderungspflicht): The parties are obliged to present their pleadings timely and completely, in order for the proceedings to proceed quickly. ** Interdiction of novation (Neuerungsverbot): The presentation of evidence and the making of factual claims are restricted to first instance proceedings.

References

Law of Austria Codes of civil procedure {{Europe-law-stub