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Civil Law in Austria

Civil Law in Austria

Our lawyers in Austria can represent foreign citizens in cases of divorce, commercial disputes, filling complaints, contractual disputes, real estate property acquisition among other legal aspects that might interest you. We have the necessary experience to represent you in various cases and offer you the optimal solutions for your situation. In the following lines you can discover information about Civil Law in Austria, and the legal services we can offer in various of legal areas of interest.

How is the divorce procedure in Austria?

Mutual agreement in the court of law is one of the divorce options in Austria. Practically, if the two partners give their consent, they can separate according to Civil Law in Austria, taking into account the distribution of common assets, and custody of the children, as the case may be.

Also, there are cases of divorce that can be established after 3 years from the separation of the partners. Serious marital fault, domestic violence, and irretrievable breakdown of marriage are among the reasons why one of the partners can file for divorce in Austria.

Normally, the divorce decision can take up to 3 years, if it is a divorce lawsuit, and approximately one month, if the two partners have chosen the mutual consent option. Our divorce lawyers in Austria can represent you regardless of the case, so don’t hesitate to contact us. Plus, if you need to obtain residency in Austria as a foreigner in this country, you may discuss furter details with our immigration lawyers in Austria.

Debt collection in Austria

If you are interested in collecting certain amounts of money from the debtors, you should talk to one of our local lawyers in Austria. Our specialists have experience and can guide you in this endeavor. Here is some information in this direction:

  • We can draw up a letter requesting the specific payment.
  • The notifications reach the debtors directly, thus initiating an amicable settlement.
  • We can offer solutions for staggered payment if the clients also agree with this procedure. In this case, new documents can be signed.
  • If amicable solutions do not yield results, the case can go before the courts in Austria. One of our specialists can represent your interests in this endeavor.

Therefore, our debt collection lawyers in Austria are at your disposal with specialized legal advice, in respect with the Civil Code in this country.

Starting a business in Austria – We offer legal advice

Those interested in opening a company in Austria can opt for our legal services. We know the legislation and what is related to Civil and Commercial Law in this country, and starting from here we can manage everything related to the incorporation of the desired company.

On the other hand, we collaborate with the relevant authorities to prepare the necessary documents for the company. On the other hand, foreign entrepreneurs can be represented with a power of attorney for opening a company of any type. You just have to tell us what your plans are to be able to represent your interests from the very beginning.

Purchasing a property in Austria with our legal support

The purchase of properties in Austria involves a series of formalities for which the services of a specialized lawyer are needed. If in the case of Austrian citizens, things are more relaxed, as far as foreigners are concerned, the formalities may differ depending on the reasons for buying real estate properties, either for personal use or for investments.

Until the sale-purchase agreement is signed, it is necessary to check the chosen property, and its history, to be able to assure the buyer that the transaction can take place in correct and legal terms. We advise you to contact our real estate lawyers in Austria and find out what the legislation is for the purchase of properties in this country.

Civil law litigation in Austria – We represent clients

The Supreme Court of Justice in Austria is the final instance for civil proceedings and for criminal ones. There are eleven panels for civil cases and, for these civil matters, the Supreme Court has decisive powers on all appeals to a case. The Constitutional Court is the one entrusted with the protection of the citizen’s civil rights.

Our team of lawyers in Austria can help you bring a civil case in the court of law by representing your interests. You may solicit our help if you want to obtain residency in Austria and need support in terms of documents.

Courts and jurisdiction in Austria

The jurisdiction in civil legal matters takes place in the following courts:

  • Commercial Court of Vienna,
  • Vienna District Court for commercial matters,
  • Labor and Social Court of Vienna – deal with the rulings of the first instance,
  • Regional Courts – deal with the rulings of first instance
  • District Courts – deal with the rulings of first instance
  • Higher Regional Courts – deal with the rulings as a second instance
  • Supreme Court of Austria – a final instance in civil legal matters.

Even so, there are exceptions regarding the Supreme Court of Austria because not all cases are heard here. We recommend legal advice for the legal situations you find yourself in, contact one of our Austrian lawyers

On the other hand, if you are interested in immigration to Austria and the formalities imposed by the authorities for the different categories of citizens, we advise you to contact us by phone or online for a free case evaluation and more.

How are functional and local jurisdictions working?

Regarding the jurisdiction of the courts, there are prescribed rules. For example, before judging a case, both the court and the magistrates in charge of the specific case are established. Here are other details in this regard:

  • The local jurisdiction covers the regional jurisdiction among counterpart courts in Austria.
  • Regarding functional jurisdiction in Austria, this implies the distribution to distinct courts of law, such as the regional or district courts.
  • There are also special legal venues where certain cases can be treated and heard, depending on the type of disputes, such as marriage problems, real estate, or inventory disputes.
  • It is important to specify that the parties involved in disputes are allowed to choose and agree on the jurisdiction of a specific court of first instance in Austria.

Also, a compulsory legal venue is the same thing as an exclusive legal venue that is not authorized to be amended through a legal venue treaty. However, place of residence or employment will be taken into account, depending on the cases presented. We specify that it is important to discuss all legal aspects with one of our lawyers in Austria and see how you can benefit from legal representation in one of the legal courts in Austria.

Civil law principles in Austria

The Civil Code of AustriaAllgemeines bürgerliches Gesetzbuch (ABGB), is the principal source of civil law in the country and it is based on the principles of an individual’s freedom and equality before the law.

Austria’s Civil Code is structured into several chapters, each dealing with issues related to the rights of the individual. In its entirety, and together with related laws and amendments, it covers a broad spectrum of rights, related to birth and family rights, marriage or succession rights but also employment, contractual relations and other situations that concern the rights and well-being of the individual. 

Part of the special forms of Civil Law are included in the private law applicable to all individuals living or doing business in Austria. These concern Commercial Law or Employment Law matters. While the ABGB addressed most of the civil law rights, most of the individual rights in Austria are regulated through separate laws. These include the Family Law, the Marriage Act, the Consumer Protection Law.

Case law is not legally binding in Austria but is does have authority in solving cases involving civil rights. Our team of attorneys in Austria can help you with detailed information on the Civil Code or its connected laws. 

Here are some statistical data about the court of law in Austria:

  • According to the most recent data, there are around 115 district courts in Austria and 20 regional courts.
  • Also, in Austria, there are 4 higher regional courts.
  • There are approximately 16 prosecutor’s offices in Austria and 4 senior public prosecutor’s offices.

Working with our law firm in Austria

We strongly recommend the services offered by our legal representatives if you are faced with legal problems. You can be represented in any of the existing courts, regardless of the legal issues you face. You have at your disposal the legal support of our lawyers for commercial disputes, employment matters, and more.

Contact our law firm in Austria for legal advice and a multitude of legal services in all of the main Austrian cities.