The Austrian Model of Cooperation Between the Judges and the Parties
This contribution addresses the Austrian Code of Civil Procedure drafted by Franz Klein. Franz Klein’s main idea was to organise civil procedure in a way that would enable the courts to establish the true facts. The cornerstone of this procedural system is the managerial powers of the judges. The judges’ powers are counterbalanced by guarantees of their independence and impartiality and safeguards for the parties’ right to a fair trial. Whether and how this works in practice depends to a large extent on the judges. Some guiding principles for judges in making the Austrian procedural system work are addressed in the contribution.
KeywordsManagerial Power Fair Trial Civil Procedure Legal Knowledge Legal Opinion
- Klein F (1891) Pro Futuro, Betrachtungen über Probleme der Civilprocessreform in Österreich. Franz Deuticke, Leipzig/WienGoogle Scholar