Pravica navajanja novih dejstev in dokazov ter prekluzija v nepravdnih postopkih v Avstriji

slovenian

2018

volume 44, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

This article provides an overview of the Austrian provisions regarding new facts and evidence as well as preclusion in non-contentious proceedings. The underlying principle of a non-contentious proceeding is the investigation principle, which establishes the duty of the court to research the case and study it at its own discretion. The court does not decide just by the facts and the evidence submitted and affirmed by the parties. The preclusion of evidence contradicts this principle, but has financial benefits and also shortens the proceeding. The article focuses on two preclusion provisions in Austrian non-contentious proceedings, namely preclusion due to a delay of procedural acts and the preclusion of facts and evidence, which parties delay bringing up with the purpose of delaying the proceeding. Both provisions will be dealt with in light of the investigation principle and in comparison with Slovene regulation. Although the Austrian non-contentious proceedings act provides for preclusion, its applicability is at the sole discretion of the court. Due to the specific subjects to which the non-contentious proceeding is applicable, the use of the provisions on preclusion remains an exception and not a rule.

25.03.2020