LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
Schurti Partners Attorneys at Law Ltd Zollstrasse 2 9490 Vaduz Liechtenstein
Tel: +41 44 244 2000 Fax: +41 44 244 2100
Email: mail@schurtipartners.com Web: www.schurtipartners.com
1. General 1.1 General Characteristics of the Legal System As a civil law jurisdiction, Liechtenstein has codified its laws in acts and ordinances. The laws of Liech- tenstein derive to a large extent from the laws of its two neighbouring countries, Austria and Switzerland. This particularly holds true for the Liechtenstein Civil Procedure Code ( Zivilprozessordnung ) and the Liech- tenstein Act on Jurisdiction ( Jurisdiktionsnorm ), which are largely based on their Austrian equivalents. Liechtenstein civil procedure is best described as an adversarial process with distinct inquisitorial ele- ments. In principle, while the parties determine the subject matter of a lawsuit by submitting their applica- tions and factual pleadings, and the court is bound by these pleadings (for example, it will not award more than requested), the judge controls the litigation pro- cess, determined on the evidence to be presented, and leads the evidence-taking process. Liechtenstein civil procedure is based on the princi- ples of immediacy and orality. At least one oral hearing is mandatory at the first instance, and parties should present their pleadings by way of oral submissions. In practice, however, written submissions do play a crucial role. 1.2 Court System Liechtenstein does not have separate judicial districts. The Princely Courts in Vaduz have jurisdiction over the entire country. The Princely Courts consist of three instances:
• the District Court ( Landgericht ); • the Court of Appeal ( Obergericht ); and • the Supreme Court ( Oberster Gerichtshof ).
Further, the final decisions of these ordinary courts can be challenged before the Constitutional Court ( Staatsgerichtshof ) on the basis that they violate con- stitutional rights. Additionally, Liechtenstein is a signa- tory to the European Convention on Human Rights, so an appeal to the European Court of Human Rights is possible if the required conditions are met. All civil proceedings in first instance are heard by a single judge. The District Court currently consists of 17 judges. The Court of Appeal is divided into three chambers, each of which sits in compositions of three judges. The Supreme Court consists of two cham- bers, each of which is composed of five judges. As part of the judicial reform effective from 1 January 2026, the number of judges will be reduced to three judges per chamber. Generally, single judges of the District Court, as well as the different chambers of the Court of Appeal and the Supreme Court, are assigned different subject matters (such as ordinary civil claims, injunctive relief, divorce proceedings, family disputes, criminal cases). From the commencement of proceedings to the first hearing, it can take up to three months, but this time- frame can vary depending on the specifics of the case (eg, service on the defendant outside the jurisdiction). In the event of formal objections and applications for security of costs and fees, which have to be raised at the first hearing at the very latest, and before arguing the case on the merits, a considerable period may elapse before the case is heard on the merits.
616 CHAMBERS.COM
Powered by FlippingBook