Collection Of Liechtenstein Laws - Civil Procedure Law

I. Rule of Jurisdiction (JN)

of December 10, 1912

on the Exercise of Jurisdiction and the Competence of Courts in Civil Matters

1. Part

On Jurisdiction in General

1. Section

Courts and Judicial Bodies

Sections 1
through 7
Repealed

Deliberation and Voting

§ 8

1. The Chair presides over the vote and any deliberations preceding it.
2. The rapporteur, if one has been appointed, casts his or her vote first; the presiding judge, who must participate in the vote on an equal footing with every other member of the Senate, casts his or her vote last. In addition, the judges who are older in age vote before the younger ones.
3. The deliberations and voting of the judges are not public.

§ 9

1. No judge may refuse to vote on a matter put to a vote; this applies in particular even if he or she was in the minority during the vote on a preliminary issue.
2. A vote must always be taken first on the court’s jurisdiction, on the necessity of procedural additions, and on other preliminary questions. If the decision on the main issue involves multiple claims, a separate vote must be taken on each individual claim.

§ 10

1. Every decision of the court requires an absolute majority of votes, that is, more than half of all votes.
2. If difficulties arise in this regard that cannot be resolved by breaking down the issues and repeating the vote, the chairperson shall divide the issue on which a decision is to be made into the individual points relevant to the decision and, by conducting separate votes on these points, to bring about the consolidation of votes into a majority decision on the matter under consideration in an appropriate manner.
3. If, with respect to sums on which a decision is to be made, there are more than two opinions, none of which has a majority, the votes cast for the largest sum shall be added to those cast for the next smallest sum until an absolute majority of votes is achieved.

§ 11

The Senate shall decide on any disagreements arising regarding the accuracy of the results of a vote announced by the Chair.

§ 12

The records of the court’s deliberations and voting shall be entered into a special minutes.

Secretary

§ 13

Repealed

Court Registry

§ 14

Repealed

2. Section

Recusal of Judges and Other Judicial Bodies

Sections 15 through 22 Repealed

3. Section

Jurisdiction

Section 22a

The procedure under which a case is to be heard and decided is determined not by the party’s designation, but by the substance of the party’s claim and arguments. If there is doubt as to which procedure is to be applied, the court must decide the matter; this decision may be challenged independently.

 Examination of Jurisdiction

§ 23

1. As soon as a case involving contentious or non-contentious jurisdiction becomes pending before the district court, the court must examine its jurisdiction ex officio.
2. In civil disputes, this examination is based on the plaintiff’s statements, unless the court already knows them to be incorrect.
3. In non-contentious civil matters, however, as well as in enforcement proceedings, in the issuance of preliminary injunctions, and in the opening of insolvency proceedings, the court shall, without being bound by the parties’ statements, examine ex officio the circumstances relevant to jurisdiction. For this purpose, it may request all necessary information from the parties.

§ 24

1. If the case that has become pending falls outside the jurisdiction of the domestic courts, the regional court to which the action has been brought must, at any stage of the proceedings, immediately declare its lack of jurisdiction and the nullity of the preceding proceedings by order. The same must be done by the courts of higher instance if the defect only becomes apparent there.
2. If the defect becomes apparent only after the proceedings have been finally concluded, the Supreme Court shall, upon application by the State Administrator, declare the judicial proceedings conducted to be null and void. This application shall be filed by the State Administrator through the Court of Appeal.
3. A ruling within the meaning of paragraphs 1 and 2 may not be issued if, with regard to the grounds for nullity, it is precluded by a decision rendered by the same or another court that is still binding.
4. The provisions of paragraphs 1 and 3 shall also apply if a matter that does not fall within the scope of non-contentious proceedings has been brought before a court in non-contentious proceedings.

§ 25

1. If the regional court to which the matter has been referred lacks jurisdiction over a case falling within non-contentious jurisdiction, or in enforcement proceedings, in proceedings for the issuance of preliminary injunctions, or in insolvency proceedings, the court must declare its lack of jurisdiction at any stage of the proceedings, either ex officio or upon application, by means of an order.
2. Until such a ruling becomes final, the Regional Court may issue any orders necessary to protect the public interest or to safeguard the parties or the purpose of the proceedings.

Disputes over jurisdiction with foreign authorities

§ 26

1. Disputes over jurisdiction between domestic courts and foreign courts or authorities shall be reported by the State Administrator of the Princely Court Chancellery. Until the Administrator issues a statement regarding the conduct of domestic courts in accordance with relations with other territories, the latter shall limit themselves to issuing, in the matter at hand, those orders that appear urgently necessary to safeguard public interests or to protect the parties or the purpose of the proceedings.
2. The statement from the Court Registry is binding on the domestic court.

Mutual Legal Assistance at the Request of Foreign Courts

§ 27

1. The Regional Court shall provide mutual legal assistance to foreign courts upon request, unless specific provisions on this matter (international treaties, government declarations, ministerial ordinances) provide otherwise.
2. Legal assistance shall be refused:
   1. if the act requested by the requesting court is, under the provisions applicable in the country, outside the jurisdiction of the courts; should the requested act fall within the jurisdiction of other domestic authorities, the requested Regional Court may forward the request to the competent authority;
   2. if the performance of an act is requested which is prohibited by laws binding on the Regional Court; or
   3. if there is a lack of reciprocity. If the requested regional court doubts the existence of reciprocity, it must obtain a ruling from the court of appeals, which will then be binding on the regional court.

§ 28

1. The requested legal assistance shall be granted in accordance with the provisions of the laws binding on the requested regional court. To the extent permitted by such laws, the requested regional court shall, ex officio, take all necessary measures and issue all necessary orders to fulfill the request.
2. Deviating from the provisions of the laws applicable in the domestic jurisdiction when granting legal assistance is permitted only if it has been expressly requested that a specific procedure required by foreign law be followed in the actions to be taken, and this procedure does not appear to be prohibited by any provision of domestic legislation.

§ 29

If the requested court refuses to grant legal assistance, or if, in connection with the granting of legal assistance, differences of opinion arise between the requesting and the requested courts regarding its execution or in any other respect, the Court of Appeals shall, at the request of the requesting foreign court or another foreign public authority designated for this purpose, decide on the legality of the refusal or on the other subject of the disagreement without prior oral proceedings.

2. Part

On Jurisdiction in Civil Matters

1. Section

General Jurisdiction

§ 30

The Regional Court has jurisdiction over all actions if the defendant has its general venue in the Principality.

§ 31

A person’s general venue is determined by their domicile. A person’s domicile is established at the place where they have settled with the demonstrable intention, or an intention evident from the circumstances, of taking up permanent residence there.

32

For persons who have no domicile either in the Principality or elsewhere, the general venue is established by their stay in the Principality. In the absence of such a stay, these persons may be sued before the District Court in Vaduz for all obligations arising during their stay in the Principality or to be fulfilled there.

§ 33

Repealed

§ 34

1. A minor child shares the general jurisdiction of his or her parents or, if the parents do not have the same general jurisdiction, the general jurisdiction of the parent who has custody (§ 144 ABGB).
2. If the minor child is under guardianship, the seat of the guardianship court shall be deemed to be the child’s general venue.

§ 35

Repealed

§ 36

Unless otherwise provided for in a generally binding manner, the general venue for general partnerships, limited partnerships, stock corporations, cooperatives, trade unions, public funds and corporations, churches, foundations, institutions established for public purposes, estates, associations, European Economic Interest Groupings, and other legal entities not classified as natural persons shall be determined by their registered office. In case of doubt, the registered office shall be deemed to be the place where the administration is conducted.

2. Section

Special Jurisdictions: Probate Matters

§ 37

1. For actions asserting claims arising from bequests or other dispositions upon death, as well as for actions by estate creditors based on claims against the decedent or against the heir as such, the Regional Court has jurisdiction if the probate proceedings are pending before it and the estate has not yet been delivered.
2. The Regional Court has jurisdiction over actions concerning the division of the estate if probate proceedings are pending or were pending before it.

Disputes concerning real property

§ 38

1. The Regional Court has jurisdiction over actions asserting a right in rem to real property, freedom from such a right, or the cancellation thereof, as well as over actions for partition and boundary adjustment, if the real property is located within the country.
2. If the action concerns an easement or a real encumbrance, the location of the servient or encumbered property is decisive.

Disputes over trespass

§ 39

The Regional Court has jurisdiction over disputes concerning disturbance of possession if the disturbance occurred within the country.

Disputes over ownership

§ 40

1. The Regional Court has jurisdiction over lease disputes if the leased property is located within the country.
2. The jurisdiction of this court also includes orders for the judicial termination of lease agreements and the issuance of orders for the surrender or takeover of the leased property.

Place of jurisdiction: the place of employment

§ 41

1. Persons who are staying in the country under circumstances that, by their nature, indicate a stay of longer duration—in particular as domestic servants, manual or factory workers, trade assistants, or apprentices, as students or pupils—and who have legal capacity may be sued in the Regional Court for claims relating to property rights.
2. The Regional Court has jurisdiction over disputes concerning working and employment conditions in connection with the posting of workers to Liechtenstein.

Place of jurisdiction for the branch office

§ 42

1. If owners of mines, factories, or commercial or industrial enterprises have permanent establishments within the country outside the company’s registered office, legal action may be brought against them in the district courts in disputes relating to such establishments.
2. Persons who manage an estate comprising residential and commercial buildings as owners, usufructuaries, or tenants, or who have such an estate managed by persons they have appointed, may be sued in the district court for all legal matters relating to the management of the estate if the estate is located within the country.

Place of jurisdiction at the place of performance

§ 43

Actions for a declaration of the existence or non-existence of a contract, for its performance or rescission, and for damages due to non-performance or improper performance may be brought before the district court if, pursuant to a written agreement between the parties, the contract is to be performed by the defendant within the country; such agreement must state that the establishment of the place of performance also establishes the jurisdiction of the court in the country.

§ 44

Persons liable under a bill of exchange may be sued by the holder of the bill of exchange in the district court if the place of payment is located within the country.

Jurisdiction over the subject matter of the claim

§ 45

1. In district court, an action to enforce a lien may be joined with an action for payment of the claim secured by the lien, and an action for cancellation (cancellation) of the lien may be combined with an action to declare the nonexistence of the claim secured by the lien, provided that both actions are directed against the same defendant and the immovable property is located within the country.
2. Actions for payments in arrears arising from a real encumbrance may be brought against the owner of the encumbered property in the district court if the encumbered property is located within the country.

Jurisdiction in cases of joint litigation

§ 46

1. Unless a special joint venue has been established for the legal dispute, multiple persons may be sued as co-defendants in the regional court if one of the codefendants—or, if there are principal and secondary obligors among them, one of the principal obligors—has his general venue within the country.
2. Persons bound by a bill of exchange may be sued as co-defendants in the regional court if the place of payment is located within the country.

Venue for the main proceedings

§ 47

1. Actions asserting a claim to a thing or a right regarding which a legal dispute between other parties is pending before the Regional Court (main intervention) may be brought before the same court until a final decision is rendered in that proceeding.
2. Actions brought by attorneys-at-law and agents for service regarding fees and expenses may be brought before the Regional Court if the main proceedings were pending before the same court.

Venue for the Counterclaim

§ 48

1. A counterclaim may be filed with the Regional Court if the claim asserted therein is related to the claim in the action brought before the Regional Court or would otherwise be suitable for set-off, furthermore, if the counterclaim seeks a determination of a legal relationship or right that has become disputed in the course of the proceedings, upon the existence or non-existence of which the decision on the claim depends in whole or in part.
2. Jurisdiction over the counterclaim does not arise if, at the time the counterclaim is filed, the oral proceedings on the original claim in the first instance have already been concluded.

Jurisdiction of the former place of residence

4§ 9

1. Artisans, small merchants, innkeepers, boatmen, carters, and other tradespeople, as well as journeymen, assistants, servants, and other workers seeking wages may bring a claim before the district court within ninety days of the date of the last delivery or service rendered for their claims regarding delivered goods and merchandise, as well as services and work performed, if the customer or employer has in the meantime moved his residence from within the country to abroad.
2. The same applies to private tutors with regard to their claims for remuneration.

Jurisdiction over Property

§ 50

1. Actions for claims relating to property may be brought before the district court against persons who do not have a domicile in the country if the property of such persons or the subject matter of the claim itself is located in the country.
2. In the case of claims, the domicile of the third-party debtor shall be deemed the location where the property is situated. If the third-party debtor has no domicile in the country, but an item serving as security for this claim is located in the country, the claim shall be regarded as property situated in the country.
3. Foreign institutions, estates, companies, cooperatives, and other associations of persons may also be sued in the regional court if their permanent representative or a body entrusted with the management of the affairs of such institutions and companies is located within the country. The regional court also has subsidiary jurisdiction over proceedings arising from marriage, parenthood, and registered partnerships

§ 51

1. Proceedings for the prohibition of marriage, divorce, legal separation, or annulment of a marriage, as well as other proceedings concerning disputes not purely of a property nature arising from marital or parental relationships, as well as from non-marital parental relationships, may be brought before the District Court if at least one of the spouses is a Liechtenstein citizen, regardless of where they reside.
2. Domestic jurisdiction over the disputes referred to in paragraph 1 also exists if
   1. in the case of an action to prohibit the marriage or to annul a marriage brought against both spouses, at least one of them, the defendant has his or her domicile or residence in Liechtenstein, or
   2. the plaintiff has his domicile or residence in Liechtenstein and either both spouses had their last common residence in Liechtenstein, or the plaintiff is stateless, or was a Liechtenstein citizen at the time of the marriage.
3. The Regional Court has jurisdiction over paternity proceedings under Section A of Part II of the Non-Contentious Proceedings Act, including any related legal claims, if the child, the established or to-be-established father, or the mother of the child is a Liechtenstein citizen, or if the child or the established or to-beestablished father has his or her habitual residence in Liechtenstein.
4. Paragraphs 1 and 2 apply mutatis mutandis to registered partnerships.
5. Domestic jurisdiction in matters of dissolution or annulment, as well as the determination of the existence or non-existence of a registered partnership, applies in any case to partnerships registered in Liechtenstein.

Reciprocal jurisdiction for actions against foreigners

§ 52

If, in another territory, lawsuits may be brought before courts against Liechtenstein nationals in civil matters, and if, under current law, such courts would have no jurisdiction at all or only limited jurisdiction over such matters, then the same jurisdiction shall also be established at the Regional Court against nationals of that territory.

Agreement on the Jurisdiction of the Courts

§ 53

1. The parties may submit to the jurisdiction of the Regional Court, which would otherwise lack jurisdiction, by means of an express agreement. The agreement must be documented and submitted to the court in the complaint.
2. The agreement shall have legal effect only if it relates to a specific legal dispute or to legal disputes arising from a specific legal relationship. However, matters that are generally excluded from the jurisdiction of the courts cannot be brought before a court by such an agreement.
3. The regional court that would otherwise lack jurisdiction becomes competent to the extent that it can be made competent by agreement of the parties, and also by virtue of the defendant’s participation in oral proceedings on the merits without having raised an objection to lack of jurisdiction in a timely manner.

§ 53a

1. Repealed
2. Repealed
3. In legal matters arising from insurance contracts, if the policyholder resides in the country or if the insured interest is located in the country, any agreement to submit to a foreign court is void. The place of jurisdiction for legal matters arising from the aforementioned contracts is Vaduz.
4. The court shall, ex officio and even in enforcement or insolvency proceedings, ensure compliance with this provision.

§ 53b

1. The Regional Court has jurisdiction over claims arising from a retention of title to property located in the Principality, as well as from installment sales of any kind relating to property located within the country, even if this venue has been expressly excluded by agreement between the parties.
2. The lack of jurisdiction of the foreign court may still be asserted in enforcement proceedings.

3. Part

From the jurisdiction in noncontentious matters

Probate proceedings

§ 54

1) Domestic jurisdiction for the administration of an estate and for substitute proceedings (Art. 153 et seq. AussStrG) exists

1. with respect to immovable property located in the country;
2. in respect of movable property situated in Liechtenstein, if
   1. the deceased was last a Liechtenstein citizen, or
   2. the deceased had his last habitual residence in Liechtenstein; or
   3. enforcement of rights derived from inheritance law, the right to a compulsory share, or a testamentary disposition is impossible abroad;
3. regarding movable assets located abroad under the conditions set forth in Article 143(2) of the Succession Act if the decedent was last a Liechtenstein citizen and
   1. had his last habitual residence in Liechtenstein, or
   2. it is impossible to enforce rights derived from inheritance law, the right to a compulsory share, or a testamentary disposition abroad;
4. over the movable assets of a foreign national located abroad under the conditions set forth in Art. 143(2) of the Succession Act (AussStrG), if the deceased had his last domicile in Liechtenstein and, by will, subjected his succession to Liechtenstein law.

2) Domestic jurisdiction under paragraph 1 also extends to proceedings for the appointment of a substitute.

§ 55

Domestic jurisdiction over the probate proceedings and any related protective measures is always established.

§ 56

If the proceedings are conducted before a foreign court, the jurisdiction of the Regional Court is limited to safeguarding the estate, the claims of heirs, legatees, and creditors residing in Liechtenstein, and the estate administration fees.

§ 56a

If the Regional Court has jurisdiction, it shall administer the entire estate to which it has access, subject to immovable property located abroad.

§ 56b

Repealed

Guardianship, Trusteeship, and Curatorship

§ 57

1. The Regional Court has jurisdiction to appoint a guardian, conservator, or curator and to handle matters that fall under the court’s authority pursuant to the provisions governing the rights between parents and minor children, as well as guardianship, conservatorship, and curatorship, if the minor or other person under care has their general venue for disputes within the country. If a guardian, property guardian, or curator is to be appointed for a foreign national who does not have a general venue in the country, the Regional Court has jurisdiction if the foreign national has his or her domicile or residence in the country.
2. If a minor or other person under guardianship who is a Liechtenstein national has their general venue for disputes abroad, but the foreign state refuses to provide guardianship protection, the Regional Court has jurisdiction in such cases.

§ 58

1. If this appears to be in the interest of a ward or other person under guardianship, particularly if it is likely to promote the effective administration of guardianship protection, the Regional Court may, on its own initiative or upon application, transfer its jurisdiction in whole or in part to another court.
2. Such a decision requires the prior approval of the Court of Appeals.

Adoption

§ 59

1. If the court is required to participate in an adoption, the Regional Court has jurisdiction in such cases if
   1. the adoptive father or adoptive mother has their general place of jurisdiction in domestic disputes within the country, or
   2. the adoptive parent, or in the case of adoption by spouses, one of them, or the adopted child is a Liechtenstein citizen, or
   3. even if only one of these persons is stateless and has their habitual residence, or, in the absence thereof, their residence, in Liechtenstein.
2. Repealed

Maintenance and other claims arising from the relationship between children and parents

§ 59a

1. The District Court appointed to exercise guardianship over the minor child is also competent to decide on statutory maintenance claims and other claims to which the minor child is legally entitled arising from the relationship between children and parents.
2. The Regional Court has jurisdiction over statutory maintenance claims of other lineal relatives if the person entitled to maintenance has their general venue for disputes in Liechtenstein; in the absence of such a venue, the Regional Court has jurisdiction if the person against whom the claim is made has their general venue for disputes in Liechtenstein.
3. The Regional Court has jurisdiction to rule on other claims arising from the relationship between children and parents if the child has general jurisdiction in civil matters in Liechtenstein; in the absence of such jurisdiction, the Regional Court has jurisdiction if the defendant has general jurisdiction in civil matters in Liechtenstein.

Non-contentious matters concerning marriage and partnerships

§ 60

The Regional Court has jurisdiction over proceedings regarding compensation for a spouse’s contribution to the other spouse’s profession or business (Art. 46a et seq. Marriage Act), over non-contentious matters of matrimonial protection (Art. 49h Marriage Act), and over divorce by mutual consent (Art. 50 Marriage Act), the Regional Court has jurisdiction if only one of the spouses has their general place of jurisdiction within the country or holds Liechtenstein citizenship. The same applies mutatis mutandis to registered partnerships.

§ 61

The Regional Court has jurisdiction over the recognition of a foreign decision regarding the validity of a marriage, provided that the applicant has his or her habitual residence in Liechtenstein or the marriage has been registered in a Liechtenstein registry.

Vienna, December 10, 1912

To view the full article please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.