Podcast
Questions and Answers
Which of the following best describes the relationship between parties under private law?
Which of the following best describes the relationship between parties under private law?
- Parties are of equal standing. (correct)
- One party has authority over the other.
- Decisions are made by administrative acts.
- The state has ultimate control.
In which area of law does the state have a superordinate position over private individuals?
In which area of law does the state have a superordinate position over private individuals?
- Civil law.
- Private law.
- Contract law.
- Public law. (correct)
Which of the following is an example of how the city of Vienna acts under private law?
Which of the following is an example of how the city of Vienna acts under private law?
- Exercising sovereign power.
- Entering into rental agreements. (correct)
- Issuing administrative orders.
- Enacting city ordinances.
When the state acts in a superordinate role relative to private individuals, this is known as:
When the state acts in a superordinate role relative to private individuals, this is known as:
Which of the following is a typical instrument used in public law for legal enforcement?
Which of the following is a typical instrument used in public law for legal enforcement?
Which court is typically involved in the enforcement of private law?
Which court is typically involved in the enforcement of private law?
What characterizes the relationship between private parties in private law?
What characterizes the relationship between private parties in private law?
Which legal actions are typically associated with public law enforcement?
Which legal actions are typically associated with public law enforcement?
What is a key instrument for structuring legal relationships under private law?
What is a key instrument for structuring legal relationships under private law?
Which entities are typically involved in relationships governed by public law?
Which entities are typically involved in relationships governed by public law?
What distinguishes public law from private law regarding legal relationships?
What distinguishes public law from private law regarding legal relationships?
What is the role of administrative procedural laws in private economic administration?
What is the role of administrative procedural laws in private economic administration?
Which law governs contracts and private agreements made by the city of Vienna?
Which law governs contracts and private agreements made by the city of Vienna?
What are 'Bescheide und Akte unmittelbarer verwaltungsbehördlicher Befehls- und Zwangsgewalt' examples of?
What are 'Bescheide und Akte unmittelbarer verwaltungsbehördlicher Befehls- und Zwangsgewalt' examples of?
What courts handle appeals (Revisionen) related to offenses under public law?
What courts handle appeals (Revisionen) related to offenses under public law?
In what specific area of administration must authorities apply administrative procedural laws?
In what specific area of administration must authorities apply administrative procedural laws?
If a citizen wishes to challenge an administrative decision made by the state, which legal avenue is most appropriate?
If a citizen wishes to challenge an administrative decision made by the state, which legal avenue is most appropriate?
According to the Einführungsgesetz zu den Verwaltungsverfahrensgesetzen 2008 – EGVG, which of the following is determined?
According to the Einführungsgesetz zu den Verwaltungsverfahrensgesetzen 2008 – EGVG, which of the following is determined?
When are administrative procedural laws applied by authorities?
When are administrative procedural laws applied by authorities?
What is the primary distinction between public and private law concerning the parties involved?
What is the primary distinction between public and private law concerning the parties involved?
Flashcards
Private Law (Privatrecht)
Private Law (Privatrecht)
Deals with relationships between private individuals; parties are equal. Uses contracts and lawsuits.
Public Law (Öffentliches Recht)
Public Law (Öffentliches Recht)
Deals with relationships between the government (state) and private individuals. State has authority over private individuals.
Verwaltungsbehördlicher Befehls- und Zwangsgewalt
Verwaltungsbehördlicher Befehls- und Zwangsgewalt
Orders and actions by administrative authorities demonstrating command and enforcement power.
Klagen
Klagen
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Beschwerden
Beschwerden
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Verwaltungsgerichte
Verwaltungsgerichte
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Bescheid
Bescheid
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Akte unmittelbarer verwaltungsbehördlicher
Akte unmittelbarer verwaltungsbehördlicher
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Study Notes
- Austrian law is divided into public and private law.
Private Law (Civil Law)
- Governs relationships between private individuals, who are considered equal.
- Legal remedies primarily involve contracts.
- Legal enforcement occurs through lawsuits in civil courts, known as "ordentliche Gerichtsbarkeit".
- The City of Vienna engages in private law activities, entering into contracts like any private person.
- Examples of contracts include purchase agreements, service contracts, loans, insurance, and leases.
Public Law (Sovereign Administration)
- Public law regulates the relationship between the State and private individuals.
- The State holds a superior position over private individuals in this context and is termed "Hoheitsverwaltung."
- The state is considered superior to the individual.
- Legal remedies primarily involve decrees and actions of direct administrative authority.
- Examples include arrests and towing of vehicles.
- Legal enforcement occurs through appeals to administrative courts.
- Revisions or appeals occurs with the higher courts of public law, such as VwGH and VfGH
Public vs Private Law
| Feature | Public Law | Private Law |
|---|---|---|
| Relationship | Superiority ("Überordnung") | Equality ("Gleichrangigkeit") |
| Legal Means | Decree ("Bescheid"), Actions of direct administrative authority ("Befehls- und Zwangsgewalt") | Contract ("Vertrag") |
| Courts | Administrative Courts (VwGH, VfGH) | Civil Courts ("Zivilgerichte") |
| Legal action | Appeal ("Beschwerde") | Lawsuit ("Klage") |
Administrative Procedure Laws
- The Introductory Act to the Administrative Procedure Laws of 2008 (EGVG) specifies which administrative authorities must apply these laws.
- Administrative authorities must only apply administrative procedure laws when performing tasks within the scope of sovereign administration.
- This particularly includes the issuance of official decrees.
- Administrative procedure laws do not apply to authorities when performing tasks related to private sector administration.
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