Civil Law

Civil Law

Lawyer for Civil Law

Civil law regulates relationships under private law and plays an important role for companies, particularly in private commercial law. Since many offences in commercial criminal law also have civil law aspects and, in particular, tort law aspects, we offer our clients comprehensive advice that takes both elements into account.

Our expertise in civil law and tort law

We do not only look at facts through the “criminal law lens”, but also consider the associated civil liability issues. In the case of white-collar offences in particular, the question of civil law claims for damages arises. If the police or public prosecutor are not yet aware of the culpability of the perpetrator, there is the possibility of impunity through active repentance („Tätige Reue“, Section 167 StGB) for most offences in white-collar criminal law. Criminal liability does not apply if the offender voluntarily repays the damage caused by the offence in full and on time. This special feature of the Austrian legal system at the interface between criminal and civil law must be strategically well employed.

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Questions of tort law often arise during and after criminal proceedings, which should always be taken into account. In addition to the assertion of claims for damages in the context of Private Participation or in Civil Proceedings, we act for you in the following selected areas of civil law:

  • Manager liability and director‘s liability
  • Product liability
  • Medical malpractice liability
  • Contractual and tortious damages
  • Public liability law
  • Unjust enrichment law
  • Warranty law
  • Contract law
  • Inheritance law and last will
  • Health care proxies, living wills, etc.

Your specialist in civil law

Dr. Elias Schönborn is a former member of the renowned Dispute Resolution Team at DORDA and has extensive experience in civil procedural law and tort law. He represents you competently in civil law disputes – both in court and in out-of-court negotiations.

Dr. Elias Schönborn
Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer


  • 1. What are the differences between civil proceedings and criminal proceedings?

    The primary distinctions between the two types of proceedings lie in the parties involved and the differing objectives of each. Civil proceedings are primarily concerned with the resolution of disputes between "private" parties under civil law. Criminal proceedings, on the other hand, are used to prosecute and penalize criminal acts. In such cases, the criminal prosecution authorities generally act ex officio.
    While civil law, in simple terms, takes place between private individuals, between plaintiff and defendant, the players in criminal proceedings are essentially the accused and any victims as private legal entities and, on the other hand, the criminal investigation department, the public prosecutor's office and the courts as state legal entities. As previously mentioned, these entities generally act ex officio, which is generally not the case in civil litigation.
  • 2. How can claims for damages under civil law be asserted?

    The assertion of a claim for damages requires of four fundamental elements: damage, causality, unlawfulness and fault. Ideally, the claim is asserted out of court, for example by means of a letter of claim from a lawyer, or subsequently by filing an action for damages with the competent civil court or by asserting a private party participation in criminal proceedings.
  • 3. When is it advisable to consult a lawyer for civil law?

    If you wish to pursue a claim for damages, it may be advisable to consult a lawyer who can assess the extent of the damage, carry out a damage assessment, assist you in drafting a letter of claim and help you enforce your claims.
    A civil lawyer can represent you in civil proceedings and advise you of your rights. The involvement of a lawyer in court proceedings can have a significant impact on the outcome of the proceedings. In civil proceedings, the representation of a lawyer is mandatory for the assertion of monetary claims from an amount in dispute of more than 5,000 euros (absolute duty of representation).

Do you need a lawyer for Civil Law?

Contact us.