Civil Procedure Code at Liechtenstein
Liechtenstein's civil litigation is governed by the Zivilprozessordnung (ZPO), or Code of Civil Procedure, which outlines the procedures for civil disputes within the principality's legal system. (Q&A: conducting litigation in Liechtenstein - Lexology)
⚖️ Structure of the Zivilprozessordnung (ZPO)
The ZPO is organized into several parts, each addressing different aspects of civil proceedings:
General Provisions: This section covers fundamental principles such as party capacity, legal representation, and procedural costs.
Proceedings Before the Court of First Instance: Details the steps from the initiation of a lawsuit to the delivery of a judgment, including pleadings, hearings, and evidence presentation.
Appeals and Extraordinary Remedies: Outlines the processes for appealing decisions and seeking extraordinary legal remedies.
Special Proceedings: Addresses specific types of cases, including family law matters, small claims, and enforcement procedures.
Arbitration: Regulates arbitration proceedings, including the formation of arbitral tribunals, jurisdiction, and the recognition and enforcement of arbitral awards. ([PDF] Liechtenstein arbitration rules-20120823_8702)
🏛️ Court Structure
Liechtenstein's civil court system comprises three levels: (Q&A: conducting litigation in Liechtenstein - Lexology)
Princely Court of Justice: The court of first instance, where civil lawsuits are initiated and heard by a single judge. (Litigation & Dispute Resolution Laws & Regulations | Liechtenstein)
Princely Appeal Court: Handles appeals from the Princely Court of Justice, typically decided by a three-member panel. (Litigation & Dispute Resolution Laws & Regulations | Liechtenstein)
Princely Supreme Court: The highest appellate court, with decisions made by a five-member panel.
Decisions from the Princely Supreme Court can be appealed to the State Court (Staatsgerichtshof), but only on grounds of violations of fundamental rights or rights guaranteed by the European Convention on Human Rights. (Litigation & Dispute Resolution Laws & Regulations | Liechtenstein)
📄 Key Features of the ZPO
Orality and Immediacy: Proceedings are conducted orally, with judges having direct access to the parties and evidence.
Equality of Parties: Both parties have equal rights to present their case and challenge the opposing party's arguments.
Publicity: Court hearings are generally open to the public, ensuring transparency.
Free Evaluation of Evidence: Judges assess evidence based on its credibility and relevance, without strict adherence to formal rules of evidence.
Arbitration: Parties have the option to resolve disputes through arbitration, governed by the provisions in the ZPO. ([PDF] Liechtenstein - Legal 500 Country Comparative Guides 2024)
🌐 Accessing the ZPO
The full text of the Zivilprozessordnung is available in German. For English-speaking individuals, legal professionals, or researchers, translations and commentaries may be available through legal databases or academic institutions specializing in European or comparative law.
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