The extrajudicial settlement in Austria

A settlement is an amicable agreement between the parties in dispute. The settlement can be achieved extrajudicially, or in court proceedings (judicial settlement).

An informal extrajudicial settlement is to be assessed as being like a new contract, which describes an agreement. It may, for example, be concluded within the scope of lawyers mediating between the parties.

Where one of the parties to the dispute fails, however, to comply with the obligations taken on, the opposing party needs to sue them, in order to be able to enforce the settlement in court.

The parties can, however, bring about the enforceability of the extrajudicial settlement by way of a notarial act – just as with a judicial settlement or a judgment. That means that the settlement is confirmed before a notary public.

If the proceedings are suspended, the accused, as well as any victims, are informed about it.

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