ACCESS TO JUSTICE IN AUSTRIA (FROM ACCESS TO JUSTICE, VOL 1, 1978, BY M CAPPELLETTI AND B GARTH - SEE NCJ-61132)

• NCJ Number: 61135
• Author(s): H W FASCHING
• Editor(s): J WEISNER
• Date Published: 1978
• Length: 26 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Language: English
• Country: Netherlands
• Note: TRANSLATED BY JOHN WEISNER

Annotation

AUSTRIAN APPROACHES FOR REDUCING THE COSTS OF LITIGATION AND DISPUTE RESOLUTION ARE DESCRIBED.

Abstract

THE MAIN ITEMS OF EXPENSE IN AUSTRIAN CIVIL PROCEEDINGS ARE REGULATED BY THE CODE OF CIVIL PROCEDURE. HOWEVER, SINCE THE VARIOUS LITIGATION EXPENSES ARE SET FOR EACH OFFICIAL ACTION BASED ON THE AMOUNT IN CONTROVERSY, NO GENERAL REGULATION OF THE COST OF LITIGATION EXISTS. APPROACHES CALCULATED TO REDUCE THE EXPENSE OF RESOLVING DISPUTES WITHIN THE FORMAL JUDICIAL MACHINERY INCLUDE SIMPLIFIED PROCEDURES FOR CERTAIN CATEGORIES OF DISPUTES, COURTS OF SPECIAL JURISDICTION, CONCILIATION OR SETTLEMENT OF CERTAIN CATEGORIES OF DISPUTES, AND OTHER MECHANISMS. OUTSIDE THE FORMAL JUDICIAL MACHINERY, A MANDATORY PRELIMINARY PROCEEDING FOR LEGAL DISPUTES HAS BEEN ESTABLISHED INVOLVING CLAIMS FOR DAMAGES INFLICTED BY THE FEDERAL OR STATE GOVERNMENT OR BY A PUBLIC BODY IN THE EXECUTION OF A STATUTE. ANOTHER IMPORTANT PRELIMINARY PROCEDURE IS USED IN LANDLORD-TENANT DISPUTES. A SPECIAL DEVICE FOR THE VOLUNTARY ADJUSTMENT OF DISPUTES IS THE PROVISION FOR LOCAL COMMUNITY MEDIATION BUREAUS AND SETTLEMENT BUREAUS WHICH USE ADMINISTRATIVE PROCEDURES FOR HANDLING CERTAIN TYPES OF DISPUTES. FOOTNOTES ARE PROVIDED. (RCB)