Порядок розгляду цивільних справ крайовими судами у Галичині в складі Австрії та Австро-Угорщини

Abstract

The article reveals the procedure for consideration of civil cases by regional courts in Galicia, consisting of Austria and Austria-Hungary (1855–1918). Under Austrian law, civil cases were heard in the regional courts of Galicia in several successive stages. Despite the great attention paid to the preparatory hearing, the trial in the courtroom was the main stage of the civil proceedings, during which the case was considered on the merits. The consideration of civil cases in the regional courts of Galicia took place in accordance with the legally established sequence: after the filing and acceptance of the claim, a preparatory hearing took place, and only then the case was considered on the merits. Consideration of the civil case essentially provided acquaintance of the participants of the process with the content of the case, analysis of the submitted evidence, holding of debates. Only then did the court make a final decision. Under the designated jurisdiction, regional courts heard cases involving violations of personal or property rights, and in the case of Galicia, a significant portion of such proceedings were property disputes. It is revealed that the civil litigation was based on the imperial patent of 1852, which determined the jurisdiction and powers of the general courts in civil disputes and established the procedure for the administration of justice. It is noteworthy that the procedural law of Austria, and later of Austria-Hungary, clearly defined the procedure for civil cases in regional courts and provided one of the fastest ways to deal with cases in Europe at the time, especially in petty cases. The article also shows that the process consisted of four stages: 1) delivery of a copy of the claim to the defendant and the appointment of the date of appearance of the parties in court; 2) the appearance of the parties and the response of the defendant to the claim; 3) exchange of court documents between the parties to clarify the merits of the case; 4) court hearings with the participation of the parties, verification of evidence, preparation and announcement of the court decision.