Einleitung

Fasching, Gerhard

doi:10.1007/978-3-7091-9059-3_1

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“…424 As a result, an appeal against the judgment of a court of first instance must be limited to facts and evidence that found their way into the proceedings of the first instance ( § 482 para 1 and 2 ZPO). 425 Nevertheless, facts and evidence that support or refute the appellant's pleas are exempted from the prohibition of novation. In praxi, however, this exception is rarely applicable.…”

Section: The Report About the Regulation No 1206/2001mentioning

confidence: 99%

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Evidence in Civil Law - Austria

Nunner-Krautgasser¹,

Anzenberger

2015

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Način dostopa (URL): http://books.lex-localis.press/evidenceincivillaw/austria ISBN 978-961-6842-44-0 (epub) 1. Anzenberger, Philipp 281102080Price: free copy This project has been funded with support from the European Commission. This publication reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. ABSTRACT 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. Evidence in Civil Law

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Section: The Report About the Regulation No 1206/2001mentioning

confidence: 99%

“…In praxi, however, this exception is rarely applicable. 426 Furthermore, there is a general exception for cases concerning the nullity of marriage and declaratory action concerning the existence of a marriage and labour law matters (if the party has not been represented by a qualified person). 427 …”

Section: The Report About the Regulation No 1206/2001mentioning

confidence: 99%

Evidence in Civil Law - Austria

Nunner-Krautgasser¹,

Anzenberger

2015

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Einleitung

Cited by 1 publication

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Evidence in Civil Law - Austria

Evidence in Civil Law - Austria

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