Notaries' Gazette

Notarial procedure in Austria regarding assisted suicide

2026-06-21T18:02:07+00:00

Assisted suicide has been legal in Austria since 2022, which can be seen as part of a European trend. The request for this can be made before a notary or a patient rights representative. In practice, notaries draw up a significant number of such documents. Austrian law has basically placed assisted suicide within the private sphere, only allowing access to a toxic substance and minimal medical assistance. In the opinion of the author of the article, the suicide declaration is foreign to the notary's duties, and she does not consider the spread of such notarial powers desirable.

The role of notaries in the financial sector: legal certainty and stability aspects of banking, insurance and investment legal relationships

2026-06-21T18:02:07+00:00

The foundations of legal certainty for the operation of the financial industries presuppose institutional guarantees, in which the notary, as an impartial actor with public authority, plays a structurally important role in banking, insurance, and investment legal relationships. In the banking sector, the system of lending and enforceable documents, the operation of the collateral and lien registers, the order for payment procedure, as well as the inheritance issues related to payment and securities accounts all serve the purpose of rapid and predictable enforcement of claims. In the insurance sector, contractual legal certainty and notarial certification, means of preventing insurance disputes, as well as the settlement of entitlement issues (beneficiary) related to inheritance procedures strengthen the lawful and dispute-free performance of services. In the area of investment legal relationships, fiduciary custody as a public law escrow, the form and enforceability of public documents, and other escrow schemes related to the foundation and subscription phase mitigate the risks of conditional and complex transactions. The involvement of notaries creates a legal environment that contributes to the stable operation of financial markets.

Ten ideas for the rationalisation of probate proceedings

2026-06-21T18:02:07+00:00

There is a continuous expectation that probate proceedings be concluded swiftly and in a timely manner. At the same time, life situations are becoming increasingly complex, including the appearance of atypical assets, foreign heirs, and repeatedly consolidated cases. It is therefore necessary to consider how probate proceedings could be made faster and more cost‑effective through amendments to legislation or judicial practice, as well as through the application of technologies capable of replacing manual labour. The purpose of this paper is to initiate constructive debate and broad‑based professional reflection on these issues.

Private deeds countersigned by attorneys-at-law by way of remote signing in the aspect of notarial procedures

2026-06-21T18:02:08+00:00

The article discusses the countersigning of documents by attorneys-at-law between parties who are not physically present, via an electronic communications network, using a device that simultaneously transmits and records video and audio, and the procedural rules for attorneys regarding remote countersignature (as well as the related remote identification). In this context, it examines the possibility of preparing notarial deeds between parties at a distance and the related concerns as well. The study also addresses the advantages of private documents prepared by attorneys with remote countersignature (such as the possibility of omitting the legalisation/diplomatic authentication thereof). In addition to the usability of these types of private deeds in various notarial procedures, the study also analyses the concerns arising in legal practice.

Copyrighted works in the estate

2026-06-21T18:02:08+00:00

We may not realize it, but throughout our lives we accumulate numerous works of art that will form part of our intellectual heritage upon our death. Our current system of inheritance is designed to ensure that the estate of the deceased is settled satisfactorily, with the aim of removing any uncertainty about the status of assets that become subject to inheritance upon death. However, while we take it for granted that material possessions will be included in the estate, the same cannot be said for copyright works and the copyrights attached to them, so in many cases the fate of the intellectual property left behind by the deceased is not settled, or is not settled adequately. In view of all this, the aim of this study is none other than to present difficulties that our heirs will have to reckon with if our works created in this capacity are included in our estate.

The role of the defendant's defense in the substantive conduct of the proceedings

2026-06-21T18:02:08+00:00

Substantive conduct of the proceedings may take place after the defendant has submitted a statement of defense. Substantive conduct of the proceedings may only take place on the basis of a statement of defense that has been submitted in the proper form. Substantive conduct of the proceedings may therefore only be conducted in order to ensure that the defendant's statements are consistent. Formal errors and deficiencies in the statement of claim and the statement of defense may be corrected by means of a supplementary submission; substantive conduct of the proceedings are not applicable in this regard. Substantive conduct of the proceedings may also not be conducted in order to submit another form of defense by the defendant in the event that only a formal or substantive defense has been submitted. It is not necessary to conduct substantive litigation if the defendant has pointed out an error in the case initiation statement, or if there is a dispute between the parties over the interpretation of a legal provision and the court shares the legal position of one of the parties. The obligation to conduct substantive litigation also exists if all parties to the litigation make their case initiatioan statements on the same issue, but these differ from each other and the court does not agree with either party's position. This role of the defendant's statements in the litigation means that the requirement of professional litigation must be met.

Press Review

2026-06-21T18:02:08+00:00

Press Review

2026-06-21T18:02:09+00:00

Review

2026-06-21T18:02:09+00:00

Könyvrecenzió

2026-06-21T18:02:09+00:00

Respect the past so that you may understand the present and work toward the future”

2026-06-21T18:02:09+00:00

Report on the 4th Civil Law Case-Solving Competition

2026-06-21T18:02:09+00:00

Abstracts

2026-06-21T18:02:09+00:00