Chambers Global Practice Guide 2021 - Litigation 2021

1. General

1.1 General Characteristics of the Legal System

Austrian Civil Law System

The Austrian legal system is a civil law one. Laws are based on codes and statutes. Civil procedure provides an adversarial process with inquisitorial elements: the proceedings and the judge are limited to the factual allegations of the parties. The judge is not a mere "referee" (eg, in the judge's inquisitorial role, he or she will be the primary interrogator of parties and witnesses).

Obligatory Public Hearings

A public hearing is obligatory. The judge will determine all relevant facts of the case in the hearing, hear parties and witnesses, discuss the content of documents and – if needed – appoint and hear expert witnesses. Parties and lawyers are entitled to interrogate witnesses and experts. The underlying principle is that the judge (as the finder of fact) should get an immediate and personal impression of the parties, the witnesses and the case.