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Topic: Austrian Civil Code

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	Civil code - Wikipedia, the free encyclopedia
		The first civil code promulgated in America was that of Louisiana of 1804, inspired by the 1800 project of the French civil code, known as the Projet de l'an VIII (project of the 8th year); nevertheless, in 1808 a Digeste de la loi civile was sanctioned.
		Chile promulgated its civil code in 1855, an original work in confront with the French code both for the scheme and for the contents (similar to the Castillan law in force in that territory) that was written by Andrés Bello (begun in 1833).
		Paraguay adopted the Argentine code in 1876, and in 1877 Guatemala adopted the Peruvian code of 1852.
	en.wikipedia.org /wiki/Civil_code (1381 words)

	Civil code
		Meanwhile, the French Napoleonic code was enacted in 1804 after only a few years of preparation, but it was a child of the French Revolution, which is strongly reflected by its content.
		The 19th century saw the emergence of the School of Pandectism, whose work peaked in the German Civil Code (BGB), which was enacted in 1900 in the course of Germany's national unification project, and in the Swiss Civil Code of 1907.
		For example, Austrian civil law is typically taught according to the Pandect System (which was discovered by German scholars in the time between the enactment of the Austrian and the German Codes), even though this is not consistent with the structure of the Code.
	www.xasa.com /wiki/en/wikipedia/c/ci/civil_code.html (577 words)

	The Civil Code: an Overview
		Among the most controversial subjects of the Civil Code to modern commentators, have been those concerning family law and the treatment of women. The Code reflected the customary and canon laws in force during the ancien régime. The family was enthroned as the basic unit of society and its integrity had to be preserved.
		Conservative Catholics opposed divorce (as well as, civil marriages and the civil registration of births and deaths—all of which were retained under the Civil Code) in any form, and after the Restoration divorce was banned in France until almost the end of the century.
		The Code, conservative and moderate in France, was often revolutionary in the lands that received it. It spread the ideals of the French Revolution to the annexed and satellite territories. The Civil Code was introduced into Italy in 1806.
	www.napoleon-series.org /research/government/code/c_code2.html (1850 words)

	LLMC - Civil law II - Italy, Spain & Portugal
		From 1830 to 1890 civil law codification (and commercial law modernization) was a concomitant and supporting factor in the unification of Italy, in the creation of modern nation states in Spain and Portugal, and in the emergence of independent Belgium and Holland.
		Civil law development in the countries south of France perforce focuses more on the emergence of regional laws, controlled by custom and transformed into national legal systems circumscribed by legislation.4 European legal history is grounded in the sophisticated apparatus implanted throughout the southern part of the continent during the period of Roman domination.
		It was basically the Austrian civil code, translated into Italian and published in Milan.11 The effect of the Austrian legislation remained confined to Northern Italy, codification efforts in the rest of the region tending to gravitate back to the French model.
	www.llmc.com /civil_law_2.htm (12212 words)

	Religion and Law Research Consortium
		Article 177 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch) deals with the custody of children in an event such as the dissolution of their parents' marriage by divorce.
		The applicant complained that the Austrian Supreme Court had awarded parental rights over the children Martin and Sandra to their father in preference to herself, because she was a member of the religious community of Jehovah's Witnesses; she claimed a violation of her rights under Article 8 (art.
		This Court does not deny that, depending on the circumstances of the case, the factors relied on by the Austrian Supreme Court in support of its decision may in themselves be capable of tipping the scales in favour of one parent rather than the other.
	www.religlaw.org /template.php?id=143 (6500 words)

	GlobaLex - The Austrian Legal System and Laws Guide
		Austrian constitutional law was thus joined with EU law as the most fundamental source of law (Dual-constitution).
		The elements of a crime (offences: tort and crime) are regulated either by the Austrian Criminal Law (StGB) or in one of the instruments of secondary legislation.
		Austrian Law draws a basic distinction between two principal jurisdictions: (i) tribunals and courts concerned with public law matters, and (ii) the courts of ordinary jurisdiction.
	www.nyulawglobal.org /globalex/Austria.htm (3310 words)

	LAWSO 160 Keywords: Civil Law (10)
		Civil law is a system of explicitly codified rules embodied in statutes and unlike common law, it does not expand its law through precedent or judicial decisions.
		The application of civil law has not been limited to Western Europe but is in use in Latin America, parts of Asia and Africa and in the state of Louisiana in the U.S. While increasing its growth internationally, civil law has also grown in its complexity especially in its procedures.
		The change and growth of civil law in its procedure and history has been due to legal transfer in which principles of a legal system are adopted by other countries.
	home.earthlink.net /~garrickl/KEY_10.htm (618 words)

	NOVI SAD
		Austrian law was in effect in the territories which bordered with the Ottoman Empire.
		A leading proponent of this opinion, was Maksimilijan Simonović, a Timissoara lawyer who translated the Austrian Civil Code from German to Serbian in the 1820’s, and then adapted it to the circumstances of Serbia at that time.
		For example, it is recorded that in 1810, Gligorije Trlajić, a professor of law in St. Petersburg, published a textbook on Civil Law with a comprehensive introduction on the encyclopedia and the history of law, which according to Odessa Professor V.I. Grigorovič, laid the foundations of Russian civil law doctrine.
	www.pravni.ns.ac.yu /english/history.htm (5103 words)

	World Law: Yugoslavia
		Yugoslav Civil law is based on legislation (not case law), and belongs to the Germanic family of the Continental legal system.
		His inspiration came primarily from the Swiss Code of Obligations whose drafting style Professor Konstantinovic praised to be the right compromise between the minutely written BGB and the elegant eloquence of the Napoleonic Code.
		Yugoslav civil law adopts as its structural basis the German pandekten division in positive law, jurisprudence and legal education: (i) General part of civil law, (ii) Property law, (iii) Law of obligations, (iv) Law of succession (inheritance), and (v) Family law.
	jurist.law.pitt.edu /world/yugocor2.htm (987 words)

	University of Minnesota Human Rights Library
		On 12 February 1990, the Consulate refused the issuance of a passport on the basis of the Austrian Passport Law (Passgesetz 1969), (4) because the author left Austria in knowledge of a criminal procedure pending against him and intending to escape criminal investigation.
		The author argues that the Austrian Embassy was fully aware of his financial situation; nevertheless, the authorities forced him to return to Austria.
		With regard to the criminal procedure, the State party submits that the case of the author was still in the preliminary stage of investigation, where the law does not require the presence of a lawyer and, thus, the appointment of a legal aid lawyer was not necessary in the interest of justice.
	www1.umn.edu /humanrts/890-1999.html (4069 words)

	Prvi Opštinski Sud u Beogradu
		According to Dusan's Code, judicial procedure was not differentiated – there was one judicial proceeding both for civil and criminal cases, in regards to rules that we nowadays designate as principles, and regarding to form, evidence, and presentation of evidence.
		Thanks to the adoption of Serbian Civil Code in 1844 (this Code, in fact, was abbreviated and edited translation of Austrian Civil Code), judiciary in Serbia in the middle of the XIX century (1855) began to resemble modern judiciary organization in European states of that period.
		The new Civil Procedure Act was enacted in 1955 and the new Court's Act was passed 1954.
	www.prvisud.com /istorija/istorija_parnicni_postupak_eng.asp (3765 words)

	Freedomlaw.com Common Law versus Civil Law Jurisdictions
		Spanish law was also influenced by the French Civil Code as well as by local customary law and other law with Roman sources.
		The German legal group consists of countries influenced by the German Civil Code of 1896 and by the German Pandektenwissenschaft which was the study of Justinian's law of the Pandect.
		The Austrian General Civil Code of 1811 and the Swiss Civil Code of 1907 bear the stamp of the pandectists.
	freedomlaw.com /COvCVLaw.html (473 words)

	ANNEX A - Final
		In the event that the Austrian and the United States designees are unable to agree upon and designate the Chairperson within 60 days after the entry into force of the GSF legislation, the United States and Austria will enter into consultations to name a Chairperson.
		In the event that the Austrian and the United States designees are unable to agree upon and designate the Chairperson within 60 days after the entry into force of the Panel legislation, the United States and Austria will enter in to consultations to name a Chairperson.
		Austrian provinces and municipalities will not benefit from legal closure, as set forth in Article 3(3) of the Agreement, in relation to claims for in rem restitution of publicly-owned property, applying mutatis mutandis, the principles set forth in supra para.
	www.usembassy.at /en/policy/annex_a.htm (3376 words)

	Austria 24 February 1999 Appellate Court Graz (Military weapons case) [translation available]
		As under Austrian national law (§ 861 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch; ABGB)), a sales contract under the CISG is constituted by formal mutual consent, i.e., by an offer and its acceptance (Arts.
		If a party claims a transaction to be fictitious and hence ineffective under § 916(1) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch; ABGB), he bears the burden of proof for all of the provision's requirements (RIS-Justiz RS 0018084; RZ 1991/7).
		For the amount of AUS 887,250.00 at issue in the appeal, TP 3 B of the Austrian RATG determines a rate of AUS 10,377.06.
	cisgw3.law.pace.edu /cases/990224a3.html (4296 words)

	Legitimation by Subsequent Marriage
		Also, the Bavarian Landrecht limited legitimation to naturales children, and an Austrian law of 1791 required that the parents had been free to marry at the time of birth, but that was not retained in the GB of 1811, and a court decision of 1890 explicitly accepted that spurii could be legitimated by subsequent marriage.
		The Saxon Civil Code (§1780) does not address nobility explicitly, but says: "Außereheliche Kinder erwerben durch die nachfolgende Ehe iherer Eltern, von Eingehung der Ehe an, alle Rechte ehelicher Kinder." That is, the legitimated children have all the rights of legitimate children.
		The law of 16 Dec 1997 (BGBl 2942) eliminates all difference in civil law between legitimate and illegitimate children; consequently, legitimation became an empty concept and §1719 of the BGB was removed.
	www.heraldica.org /topics/royalty/legmatsub.htm (1803 words)

	DICHAND AND OTHERS v. AUSTRIA - 29271/95 [2002] ECHR 154 (26 February 2002)
		The interference was not foreseeable because the detailed, casuistic and confusing case-law of the Austrian courts on Section 1330 of the Civil Code leads to unpredictable results.
		The mere fact that the case-law of the Austrian courts or part of it on these issues was, in the applicants’ view, not in conformity with the Court’s case-law may be criticised but does not affect the issue of “forseeability”.
		Moreover, the injunction was a proportionate measure, account being taken of the fact that it was based on a decision by a civil court, and not a criminal conviction, and that it was not formulated in broad terms but confined to particular articles which were clearly defined in the judgment.
	www.worldlii.org /eu/cases/ECHR/2002/154.html (5546 words)

	Austrian Hotel Contract Regulations (AHCR) (Site not responding. Last check: 2007-11-02)
		The (General) Austrian Hotel Contract Regulations represent the standard content of those contracts which Austrian lodging providers generally conclude with their guests.
		When in doubt, the lodging provider is considered to have entered into a contractual agreement with that person who has placed the lodging reservation, even if the latter party has specifically named other parties for/with whom s/he is reserving said lodgings.
		If service is demanded in the guest’s room or at unusual times of day, the lodging provider is entitled to demand special remuneration for said service; such special charges must, however, be indicated on the price list posted in the guest room.
	www.austria-hotels.at /ahi/system/static/generalterms_en.asp (1928 words)

	U.S.ENGLISH Foundation Official Language Research - Austria: Legislation
		However, Austrian minority representatives have strongly criticized the fact that the law also allows ORF to broadcast these programs on private radio stations and therefore frees the state broadcaster from its obligation to provide such a service.
		The Austrian chancellor, Wolfgang Schüssel made a proposal for the Slovene minority in Carinthia to double the number of bilingual signs from 74 to 148, to support kindergartens, schools, culture and media, and to organize regular meetings between the Slovene minority and the German nationalist group.
		The law states that any Austrian citizen who is eligible for membership of the Parliament and can be expected to represent the interests of the relevant ethnic group can become a member of the ethnic group council.
	www.us-english.org /foundation/research/olp/viewResearch.asp?CID=13&TID=1 (5974 words)

	International Accounting Regional Analysis: Austria, Belgium, Germany, Luxembourg, Switzerland
		Currently, the head of the Austrian state is the Federal President, Thomas Klestil, who was elected on May 24, 1992.
		A notable factor about Austrian law is the fact that the administration of justice should be completely independent.
		The most important change was the revision of the German Commercial Code, which now included the insertion of a third book with accounting and auditing rules applicable to all businesses.
	www.albany.edu /acc/courses/acc611/northeurope (14643 words)

	JERUSALEM v. AUSTRIA - 26958/95 [2001] ECHR 122 (27 February 2001)
		The Court of Appeal also found that the request for a retraction of the statement and its publication in several newspapers had to be dismissed because the plaintiffs had failed to specify the addressees of the retraction, even though the applicant’s statements had been reported in the newspapers.
		Referring to its previous case-law, it stated that disparagement by means of untrue statements, even though it was made in the course of a political debate, went beyond acceptable political criticism and could not be justified by a weighing of interests or by the right to freedom of expression.
		However, in their view, the measure at issue was justified under paragraph 2 of Article 10 as it was “prescribed by law”, namely Article 1330 of the Civil Code, and pursued the legitimate aim of protecting the reputation and rights of others.
	www.worldlii.org /eu/cases/ECHR/2001/122.html (4805 words)

	[No title]
		Exponents of this school believed that the great gain which jurisprudence made during the last century was the recognition of the truth that the law of the state is not an ideal, but something which actually exists.
		The pertinent provisions of these codes are: The statute governs all matters within the letter or the spirit of any of its mandates.
		In default of an applicable statute, the judge is to pronounce judgment according to the customary law, and in default of a custom, according to the rules which he would establish if he were to assume the part of a legislator.
	www.constitution.org /haines/haines_012.txt (8457 words)

	[No title]
		144 of the Austrian Civil Code, both parents of a child born in wedlock are entitled to care for the child, to administer his/her property, and to act as legal representatives of the child (joint parental responsibilities).
		John L. Brown appeared in the Austrian juvenile action by petitioning the Austrian court to disqualify the Austrian judge on March 3, 1994.
		Id. Further, the Court notes that both the Austrian and the Australian courts considering the issue found that Shoshana was a habitual resident of Austria.
	www.hiltonhouse.com /cases/Brown_fed_dist_np.txt (3376 words)

	GWBET.COM - your austrian bookmaker (Site not responding. Last check: 2007-11-02)
		The Bookmaker shall be entitled to correct the betting ticket on his/her own at any time in order to rectify clerical or mathematical errors or errors concerning odds even after the contract has been concluded; requirements pursuant to sec.
		In the event that the content of the betting contract turns out to be neither determined nor determinable for any reason whatsoever, the bet shall be deemed invalid and the stake shall be refunded.
		These betting rules adopted by the Austrian Bookmakers' Association shall take effect on 1 October 2002 at 00:00 hours, thus superseding and rendering ineffective any and all previous betting rules issued by the Association.
	www.gwbet.com /englishS/info1.htm (1975 words)

	MENAFN - Middle East North Africa . Financial Network News: Elements of negligent liability
		This inconsistency, which has serious legal ramifications, is due to the simple fact that the draftsmen of the JCC were copying word-for-word the explanation of "injurious act" provided by the Preparatory Works of the Egyptian Civil Code.
		The reason behind the persistent influence of the ECC on the JCC is the formative impact of the ECC on Arab civil codes.
		It has therefore been particularly argued that the JCC, unlike other Arab civil codes, has expanded its understanding of property so that it would not be restricted by the narrow Majallat definition.
	www.menafn.com /qn_news_story_s.asp?StoryId=112764 (868 words)

	Österr. Hotelvertragsbedingungen (Site not responding. Last check: 2007-11-02)
		The Recommended (General) Lodging Contract Terms of Austria provide the basic terms of contract, by which the Austrian hoteliers usually conclude lodging contracts with their guests.
		(2) The guest is liable for the damage, that the pets he brought with him cause, according to the legal provisions effective for the pet keeper (§ 1320 ABGB (Austrian Civil Code)).
		The hotelier is, nevertheless, obligated to return the remuneration already received proportionately, that he does not make any profit of the event (§ 1447 ABGB (Austrian Civil Code)).
	www.hotelverband.at /down/oehvb-engl.htm (2103 words)

	Baker & McKenzie - Global E-Commerce Law -- Austria (Site not responding. Last check: 2007-11-02)
		(1) A secure electronic signature meets the legal requirement for a hand-written signature especially the requirement for the written form as defined in § 886 of the Austrian Civil Code unless a different definition is laid down by law or by an agreement between the parties.
		(2) A secure electronic signature does not have the legal effects of the written form as defined in § 886 of the Austrian Civil Code in the case of: 1.
		(3) The provisions of § 294 of the Code of Civil Procedure governing the presumption of authenticity of the content of a signed private deed shall apply to electronic documents bearing a secure electronic signature.
	www.bakernet.com /ecommerce/austria-t.htm (570 words)

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