Zivilrecht

Civil Law (also referred to as "general private law"), body of rules which regulate legal relationships among citizens. While the borderline between civil and public law is blurred, it is nevertheless of great importance, since it may be this distinction which decides what substantive legal provisions apply and which courts and authorities have jurisdiction. The main source of Austrian Civil Law is the Allgemeines Bürgerliches Gesetzbuch (General Austrian Civil Code of Law), ABGB of 1811, which is divided in 3 parts: 1) law of persons and domestic relations (Family Law); 2) law of property, law of succession and law of obligations; 3) joint provisions regarding the law of persons and law of property. The ABGB has been adapted to present-day needs through numerous amendments and complemented by the following special laws: law on the liability of public officers (Amtshaftung), employee liability act, Matrimonial Law, law on railway and motor vehicle third party liability, Land Registration Act (Land Register), consumer protection law (Consumer Protection), landlord and tenant law, civil status law, law of agency(Sachwalter), law on official declaration of death, and condominium law (Home Ownership).

Apart from general private law, Austrian Law also comprises special private laws, including commercial and partnership law, negotiable instruments law, competition law and antitrust law, provisions on the legal protection of industrial property, large parts of labour law and private insurance law.

Literature: H. Koziol and R. Welser, Grundriß des bürgerlichen Rechts, vols. 1 and 2, ⁹1991.