Evidence in Civil Law - Austria
This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group”...
Sábháilte in:
| Príomhchruthaitheoirí: | , |
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| Formáid: | Online |
| Teanga: | Béarla |
| Foilsithe / Cruthaithe: |
Institute for Local Self-Government and Public Procurement Maribor
2021
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| Ábhair: | |
| Rochtain ar líne: | 620430 |
| Clibeanna: |
Níl clibeanna ann, Bí ar an gcéad duine le clib a chur leis an taifead seo!
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| _version_ | 1869527373996621824 |
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| author | Nunner-Krautgasser, Bettina Anzenberger, Philipp |
| author_browse | Anzenberger, Philipp Nunner-Krautgasser, Bettina |
| author_facet | Nunner-Krautgasser, Bettina Anzenberger, Philipp |
| author_sort | Nunner-Krautgasser, Bettina |
| collection | Directory of Open Access Books |
| description | This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group” when investigating the matter in dispute. The Austrian concept of an active judge, however, goes along with the judge’s duty to do case-management and especially to induce a truthful fact-finding using judicial discretion. While only five means of proof (documents, witnesses, expert opinions, evidence by inspection and the examination of parties) are explicitly listed the Austrian civil procedure code, there is no numerus clausus regarding the means of evidence. Evidence may be freely assessed by the judge. |
| format | Online |
| id | doab-20.500.12854ir-27235 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Institute for Local Self-Government and Public Procurement Maribor |
| publisherStr | Institute for Local Self-Government and Public Procurement Maribor |
| record_format | ojs |
| spelling | doab-20.500.12854ir-272352025-07-30T08:59:42Z Evidence in Civil Law - Austria Nunner-Krautgasser, Bettina Anzenberger, Philipp burden of proof witness evidence principles of taking evidence evidence by inspection expert opinions general principles of civil procedure examination of parties unlawful evidence documentary evidence taking evidence in civil procedure Counterparty Legal remedy Letters rogatory Trial court Videotelephony thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group” when investigating the matter in dispute. The Austrian concept of an active judge, however, goes along with the judge’s duty to do case-management and especially to induce a truthful fact-finding using judicial discretion. While only five means of proof (documents, witnesses, expert opinions, evidence by inspection and the examination of parties) are explicitly listed the Austrian civil procedure code, there is no numerus clausus regarding the means of evidence. Evidence may be freely assessed by the judge. 2021-02-10T12:58:18Z 2016-11-29 00:00:00 2020-04-01T13:56:06Z 2015 book 620430 OCN: 945783096 http://library.oapen.org/handle/20.500.12657/32001 9789616842440 https://directory.doabooks.org/handle/20.500.12854/27235 eng Law & Society open access image/jpeg image/jpeg image/jpeg image/jpeg image/jpeg n/a n/a n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/32001/1/620430.pdf https://library.oapen.org/bitstream/20.500.12657/32001/1/620430.pdf https://library.oapen.org/bitstream/20.500.12657/32001/1/620430.pdf https://library.oapen.org/bitstream/20.500.12657/32001/1/620430.pdf https://library.oapen.org/bitstream/20.500.12657/32001/1/620430.pdf Institute for Local Self-Government and Public Procurement Maribor 10.4335/978-961-6842-44-0 10.4335/978-961-6842-44-0 695bceb8-a344-4c20-81d1-79c7b06d1de1 9789616842440 59 open access |
| spellingShingle | burden of proof witness evidence principles of taking evidence evidence by inspection expert opinions general principles of civil procedure examination of parties unlawful evidence documentary evidence taking evidence in civil procedure Counterparty Legal remedy Letters rogatory Trial court Videotelephony thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes Nunner-Krautgasser, Bettina Anzenberger, Philipp Evidence in Civil Law - Austria |
| title | Evidence in Civil Law - Austria |
| title_full | Evidence in Civil Law - Austria |
| title_fullStr | Evidence in Civil Law - Austria |
| title_full_unstemmed | Evidence in Civil Law - Austria |
| title_short | Evidence in Civil Law - Austria |
| title_sort | evidence in civil law austria |
| topic | burden of proof witness evidence principles of taking evidence evidence by inspection expert opinions general principles of civil procedure examination of parties unlawful evidence documentary evidence taking evidence in civil procedure Counterparty Legal remedy Letters rogatory Trial court Videotelephony thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes |
| topic_facet | burden of proof witness evidence principles of taking evidence evidence by inspection expert opinions general principles of civil procedure examination of parties unlawful evidence documentary evidence taking evidence in civil procedure Counterparty Legal remedy Letters rogatory Trial court Videotelephony thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes |
| url | 620430 |
| work_keys_str_mv | AT nunnerkrautgasserbettina evidenceincivillawaustria AT anzenbergerphilipp evidenceincivillawaustria |