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Austria

Civil law

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Austria is a civil-law country with one of the oldest civil codes still in force: the General Civil Code (ABGB) of 1811. Its Constitutional Court, set up in 1920 on the design of the jurist Hans Kelsen, was the model for constitutional courts in much of Europe.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Federal Constitution of 1920, the highest law
  • The ABGB (1811), the Penal Code and other codes and statutes
  • European Union law, which takes priority in its area
  • Decisions of the Supreme Court, which carry weight in practice

The main courts

  • The Supreme Court (OGH) for civil and criminal cases
  • The Supreme Administrative Court (VwGH) and the Constitutional Court (VfGH), which sit separately from the ordinary courts
  • Higher regional courts, regional courts and district courts

Becoming a lawyer

A law degree, then several years of supervised practical training (including time in a court), and the bar exam, followed by registration with a regional bar chamber.

What may surprise you

  • The ABGB of 1811 is still in force, in an updated form.
  • The Constitutional Court model, with a court separate from the ordinary courts that reviews laws, was designed in Austria.
  • Serious crimes are tried by a jury of lay people, which is unusual in civil-law countries.
  • Austrian and German private law are close cousins, and each influences the other.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Austria as: Civil law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Austria, consult a lawyer qualified there. Report a mistake.