Areas of law

The law is the entirety of all rules that govern coexistence in a society and ensure that orderly, peaceful, and just coexistence is possible. It is not the task of the law to intervene in all areas of life. Many personal decisions, such as how to spend one's free time, the choice of religion, or the upbringing of children, are left to the individual.

The basis of law is the statutes passed by the legislature; in Austria, this is essentially the National Council. The statutes are binding for everyone—from private individuals to companies to state institutions. All Austrian statutes are available to the public free of charge on the website of the Federal Legal Information System at https://www.ris.bka.gv.at/Bund/.

As the number of laws continues to grow and the subject matter becomes increasingly complex, the law has differentiated itself into various specialist areas over time. This structure not only serves to improve academic and practical application, but also shapes legal education. At universities, these specialist areas are reflected in the traditional examination subjects and also form the basis for the typical specializations in legal practice.

Traditionally, a distinction is first made between public law and private law (in the broader sense). Public law regulates the legal relationships between the state and the individual, as well as the organization and functioning of the state and its organizations. This includes constitutional law, administrative law, and criminal law, but also tax law. In contrast, private law deals with legal relationships between private individuals. This includes, in particular, private law (in the narrower sense), which covers corporate law and labor law.

Many areas of law contain elements of both public and private law, as can be seen, for example, in road traffic law. On the one hand, public law regulations such as traffic rules, registration and driver's license law govern participation in road traffic and are monitored by the state. On the other hand, private law claims often arise in road traffic, for example in the case of traffic accidents, vehicle purchases or insurance issues.

Constitutional law

Constitutional law is the foundation of the entire legal system. It regulates the fundamental organization of the state, democracy, the separation of powers, and the fundamental rights of citizens. The constitution defines how laws are enacted and ensures that the power of the state remains limited.

Democracy means that power in the state emanates from the people. Legal provisions are binding on the people and must therefore be enacted by democratically legitimized institutions. Democracy in Austria is representative, which means that the people elect their representatives to the National Council. Austrian citizens aged 16 and over have the right to vote.

The separation of powers is a fundamental principle of the constitution, which divides state power into three areas, namely legislation, executive, and judiciary, in order to prevent abuse of power and secure the democratic order, with legislation being enacted by the National Council and the Federal Council, the executive being ensured by the government and administrative authorities, and the judiciary applying and reviewing the laws in individual cases, thereby creating a balance of powers and allowing each branch to act independently.

Fundamental rights are central components of the Constitution and guarantee citizens basic freedoms and protection from state intervention, including the right to life, physical integrity, personal freedom, equality before the law, freedom of religion and freedom of expression, as well as the right to a fair trial, thereby guaranteeing the dignity of each individual and enabling free coexistence.

The rule of law is a central principle of the Constitution, ensuring that state action is bound by law and not arbitrary. It guarantees that state organs may only act on the basis of existing laws and that their decisions are reviewable. The rule of law protects citizens from abuse of power by ensuring legal certainty, transparency, and the possibility of legal protection.

Other aspects of the state, such as the role of the head of state, the territorial subdivision, and the co-determination of the federal states, are also enshrined in the constitution. Austria is a republic, not a monarchy. The head of state—the federal president—is elected for a fixed term of office. Austria is a federal state consisting of nine federal states, each with its own legislative and executive powers. The powers between the federal government and the states are clearly divided.

Administrative law

Administrative law regulates the relationship between state authorities and citizens and concerns the exercise of state power in everyday life. It defines in which cases and under what conditions the state may intervene in the lives of its citizens, whether by issuing regulations, granting permits, or providing public services. Administrative law serves to protect citizens from arbitrary decisions and ensures that authorities are bound by legal requirements in their actions. It includes, among other things, regulations on construction projects, commercial operations, public services, and safety.

Administrative law covers numerous legal matters that regulate state intervention in the everyday lives of citizens and businesses. These include commercial law, which specifies the requirements and conditions for conducting business, and road traffic law, which ensures safe and orderly traffic on public roads. Building law determines the legal requirements for the construction, alteration, and use of buildings and contains important safety and environmental regulations. The Aliens Police Act, which regulates issues of residence, entry, and asylum, is also part of administrative law. Finally, public procurement law ensures that public contracts are awarded in a transparent and competitive manner in order to prevent corruption and ensure fair conditions.

Criminal law

Criminal law defines which acts are considered criminal and regulates the penalties for persons who violate these regulations. It serves to protect fundamental social values such as life, liberty, property, and security by drawing clear boundaries between lawful and unlawful behavior. Criminal law distinguishes between intentional and negligent acts, as well as between misdemeanors and felonies, depending on the severity of the act and the danger it poses.

A central component of criminal law is the definition of criminal acts such as theft, which is regulated in the Austrian Criminal Code (StGB). According to Section 127 StGB, theft is committed by anyone who takes another person's movable property with the intention of obtaining an unlawful advantage for themselves or another person. This means that it is an intentional act in which the removal of another person's property takes place without the consent of the rightful owner, combined with the intention of permanently expropriating the lawful owner.

Criminal law concerns more serious offenses such as theft, murder, or fraud, which are regulated in the Criminal Code. These are decided by ordinary courts in criminal proceedings, and the penalties can be imprisonment or fines. Administrative criminal law refers to minor violations of administrative regulations, for example in traffic, trade, or environmental law. Administrative authorities are responsible for these offenses and usually impose fines. Appeals against their decisions can be lodged with the administrative court.

Private law

Private law, also known as civil law, regulates the legal relationships between private individuals who are legally equal. It covers a wide range of areas that affect everyday life, including contract law, property law, and tort law. The aim of private law is to create fair rules for dealings between natural and legal persons and to resolve disputes, for example through claims or agreements, in a legal manner.

The General Civil Code (ABGB) forms the basis of Austrian private law and defines fundamental principles such as the protection of property, compliance with contracts, and compensation for damages. Within private law, there are specialized areas that govern different aspects of legal relationships.

Personal law governs the legal status of natural and legal persons. It defines who can be the bearer of rights and obligations and includes provisions on legal capacity, domicile, and the right to a name.

Contract law determines how contracts between private individuals are concluded, what rights and obligations they establish, and what the consequences of breach of contract are. It forms the basis for numerous legal transactions such as purchase, rental, or employment contracts.

Property law regulates rights to movable and immovable property, such as land, buildings, or movable goods. It determines how property is acquired, transferred, and protected, and specifies the powers of owners.

Tort law deals with compensation for damages caused by culpable conduct, such as accidents or breaches of contract. It specifies the conditions under which a claim for compensation exists and the extent to which damages are to be compensated.

Inheritance law determines how a person's assets are distributed after their death. It contains provisions on wills, legal succession, and compulsory portions, and ensures that the claims of the surviving dependents are taken into account in a legally orderly manner. Family law governs legal relationships within the family. This includes marriage and divorce, custody and maintenance arrangements, and provisions on adoption. The aim is to provide legal protection for family structures and obligations. Private international law determines which country's law applies when a matter has cross-border elements, such as in the case of international contracts or marriages.

Civil procedure law

Civil procedure law governs the proceedings in which civil disputes are heard and decided in court. Its main task is to resolve private law disputes between individuals (also referred to as parties in the proceedings), for example regarding contracts, property, or damages, through predictable rules of procedure. In doing so, courts ensure an objective assessment of the facts and issue legally binding decisions (judgments) that are binding and enforceable. Every decision of a court can be reviewed by a higher court. In Austria, the Supreme Court is the highest court for civil disputes.

An important aspect of civil proceedings is enforcement (known as execution in Austria), i.e., the state-guaranteed enforcement of legally binding decisions. This ensures that legitimate claims are not only established (on paper) but can also be enforced. Civil procedure law thus creates legal certainty, protects individual rights, and contributes to legal peace.

Tax law

Tax law regulates the collection and administration of taxes by the state and defines the rights and obligations of taxpayers. It includes provisions on who has to pay taxes, how much and when. The aim of tax law is to secure the financing of state tasks and to ensure a fair distribution of the tax burden. Important areas are income tax, corporation tax and sales tax.

Tax authorities are established to determine and collect taxes, which assess individual tax liability. Certain violations and false statements are punishable as tax evasion.

Labor law and social law

Labor law regulates the legal relationships between employers and employees and covers the drafting of employment contracts, the protection of employee rights, and regulations on working hours, protection against dismissal, and collective bargaining agreements. The aim of labor law is to strike a fair balance between the interests of employees and employers and to ensure social standards, based on the view that employees are generally economically weaker and therefore more in need of protection.

Social law forms the framework for social security and covers essential areas such as health, pension, accident, and unemployment insurance. These types of insurance are mandatory for the majority of the population and provide protection against existential risks such as illness, accidents at work, and old age. Health insurance covers medical services and preventive care, pension insurance provides for old age, and accident insurance protects against the consequences of occupational accidents and illnesses. Financed by contributions from employees and employers, social law ensures solidarity and social security in order to maintain living standards even in difficult phases of life.

Corporate law

Corporate law comprises the legal provisions that apply specifically to companies and their economic activities. In addition to a number of rules tailored specifically to the B2B sector, company law forms a central component of corporate law. It regulates the establishment, organization, and dissolution of companies and defines different legal forms such as GmbH (limited liability company) or AG (public limited company) with their respective rights and obligations.