Austrian civil law is also called private law. A key foundation is the General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB). People encounter civil law when buying, renting, borrowing, giving gifts and using services. It also governs ownership, possession, compensation for damage, family relationships and inheritances. A contract is formed through matching declarations about its essential content. Many contracts can be concluded orally, but certain transactions are subject to special formal requirements, and written evidence is often practically important. Contracting parties must perform the agreed services. In the event of a breach of duty, performance, correction, a price adjustment, termination of the contract or compensation for damage may be relevant, depending on the case. Compensation for damage is intended to make good a legally attributable disadvantage. Typically, the damage, its cause, unlawfulness and fault are examined, although special rules may provide for exceptions. Ownership and possession are not the same. Ownership describes the legal attribution of an item, while possession means actual control over it. In inheritance law, the rights and duties of a deceased person do not simply pass formally to relatives. Court estate proceedings (Verlassenschaftsverfahren) clarify the estate and legal succession. Anyone wishing to enforce a civil-law claim in court must present facts and evidence in good time. A judgment can subsequently form the basis for enforcement (Exekution) if the obligated party does not perform voluntarily.
Civil law in Austria
Civil law in Austria governs legal relationships between private individuals and companies. It covers matters such as contracts, ownership, compensation for damage, family and inheritance. If the parties cannot reach an agreement, a civil court decides claims upon application.
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