Herald of Civil Procedure

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The Austrian Code of Civil Procedure of 1895 and the Judicial System in Austria: History and a Conceptual Framework

Yu.M. Lukin,
Assistant of the Department of Theory and History of State and Law

This introductory article is devoted to the beginning of the publication of the provisions of the Austrian Code of Civil Procedure of 1895. The author notes that a huge contribution to formation of German-Austrian civil process has been invested by European universities, where was worked out common to all legal science, based on Roman law, that determined procedural law and directed its development. Foundations of modern legal system were laid in Austria in the XVIII century, during the reign of Empress Maria Theresa, when instead particular law of individual regions that were parts of the Austrian Empire and separate jurisdiction of feudal lords began to be formed the uniform legislation and centralized court system. Traditionally, the main sources of procedural law in Germany and Austria were the Roman Canon law and German law. In Austria, still is effective the Civil Procedure Code (Charter of Civil Procedure), which was adopted in 1895, but has undergone significant changes to the present time. 

Keywords: history of civil process; the Austrian Code of Civil Procedure of 1895.


  Abolonin V.O. O razvitii grazhdanskogo protsessa cherez smenu osnovnoi paradigmy [On the Development of Civil Process through Basic Paradigm Shift] (in Russian) // Arbitration and Civil Procedure. 2012. No. 11. Sudebnye sistemy evropeiskikh stran [Judicial Systems of European Countries] (in Russian). M., 2002. P. 15–30. 

Information about the author 

  Lukin Yu.M. (Kazan) – Assistant of the Department of Theory and History of State and Law (420008, Kazan, Kremlin st., 18, room 235; e-mail: yu.m.lukin@gmail.com).

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Yu.M. Lukin