The Maltese legal system has developed into a mixed legal system. In private law matters it is largely a jurisdiction based on the Civil Law tradition;
striking out of pleadings; and
judgments in default of
acknowledgment of service or defence.
Early Judgment Applications
Can a party apply for (i) early judgment on some or all of the
issues in dispute, or (ii) the other party s case to be struck
out before trial or substantive hearing of the claim? What is the
timing, applicable procedure and legal standard for such
applications/motions?
Summary judgment
Both the plaintiff and the defendant can apply for summary
judgment on the other party s case under the provisions of
Order 14 of the Grand Court Rules. For the plaintiff this can be a
To print this article, all you need is to be registered or login on Mondaq.com.
This guide to Guernsey dispute resolution and litigation
includes commentary on litigation funding, initiating a lawsuit,
statutes of limitations, representative or collective actions,
pre-trial litigation proceedings, discovery, injunctive relief,
settlement, damages, appeals, litigation costs, alternative dispute
resolution (ADR) and arbitration.
General
General Characteristics of the Legal System
Please describe the general characteristics of your
country s legal system. For example: is it based on civil law
or common law? Does it follow an adversarial or inquisitorial
model? Is the legal process conducted through both written
To print this article, all you need is to be registered or login on Mondaq.com.
This guide to Bermuda dispute resolution and litigation includes
commentary on litigation funding, initiating a lawsuit, statutes of
limitations, representative or collective actions, pre-trial
litigation proceedings, discovery, injunctive relief, settlement,
damages, appeals, litigation costs, alternative dispute resolution
(ADR) and arbitration.
General
General Characteristics of the Legal System
Please describe the general characteristics of your
country s legal system. For example: is it based on civil law
or common law? Does it follow an adversarial or inquisitorial
model? Is the legal process conducted through both written
1. General
Austrian Civil Law System
The Austrian legal system is a civil law one. Laws are based on
codes and statutes. Civil procedure provides an adversarial process
with inquisitorial elements: the proceedings and the judge are
limited to the factual allegations of the parties. The judge is not
a mere referee (eg, in the judge s inquisitorial
role, he or she will be the primary interrogator of parties and
witnesses).
Obligatory Public Hearings
A public hearing is obligatory. The judge will determine all
relevant facts of the case in the hearing, hear parties and
witnesses, discuss the content of documents and – if needed