Article | Some Aspects of Austrian Civil Procedural Law as a Likely Model for the New Ukrainian Civil Procedural Law |
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Authors | Duursma-Kepplinger H.-K. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 8 / 2017 |
Pages | 160 - 165 |
Annotation | The article refers to certain aspects of the Austrian civil process, which can be useful for Ukrainian lawmakers in the reform of civil litigation. In particular, the experience of the functioning of the system of electronic justice, introduced in Austria since the late 1990s, shows its effectiveness and feasibility, especially for civil proceedings. Impressive number of transactions carried out with the help of the corresponding portal clearly indicates the usability and reliability. Mandative production of civil proceedings is one of the effective ways to solve the indisputable requirements, which is widely used in Austria. It is also envisaged at the European Union level to deal with cross-border cases. Expansion of the grounds for its application is a justified step towards the accessibility of justice. The appellate review by the Austrian civil procedural law is carried out in two orders, depending on the court, acts as an appellate instance. As for the boundaries of the appellate review, there are quite critical comments on the question of proportionality of claims and the limits of appellate review of decisions. The author's proposals legislation concern the introduction and expansion of the functioning of the system of electronic justice, the widespread use of mandative production. |
Keywords | civil process, decree production, electronic legal proceedings, appellate review |
References | |
Electronic version | Download |