book consultation
Areas of Law >
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 als erfahrener Rechtsanwalt und Strafverteidiger in Wien.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Suc­cess Sto­ries

Background: The Republic of Austria brought a claim against a healthcare company we represented, seeking payment of around EUR 400,000. The case arose from medical tests in which a subcontractor commissioned by the company was alleged to have falsified test data.

Challenge: The claim involved a substantial sum and was based primarily on the alleged misconduct of an external subcontractor. It was therefore crucial to clearly delineate the respective areas of legal liability and to demonstrate to what extent the subcontractor’s conduct could be attributed to our client at all.

Approach: We conducted a comprehensive analysis of the contractual relationships, the subcontractor’s activities and the actual procedures, and contested the claims asserted both on the merits and in terms of the amount claimed. In parallel, we conducted settlement negotiations with the aim of significantly reducing the financial risk of the proceedings.

Result: The proceedings were settled, and the claim originally asserted was reduced by around 90 per cent. Our client was therefore required to pay only around 10 per cent of the sum claimed and was able to avoid a costly and time-consuming court case with an uncertain outcome.

Background: Our client, the managing director of a subsidiary that subsequently became insolvent, was sued by the insolvency administrator for repayment of the capital contribution. This had been used to pay for services provided by the parent company just a few days after it was paid in.

Challenge: The central issue was whether the use of the paid-in funds should be regarded as an impermissible repayment of capital.

Approach: We analysed the economic background to the payment and the underlying services. At the same time, we conducted settlement negotiations with a view to bringing the proceedings to a conclusion that made economic sense.

Result: The proceedings were settled for reasons of procedural economy.

Background: Our client, an authorised signatory and shareholder of a limited liability company (GmbH), instructed us after the managing director came under suspicion of having caused total damages in excess of EUR 300,000 through a series of actions.

Challenge: The facts of the case were economically complex and involved numerous financial transactions, the legitimacy of which and the resulting financial consequences had to be analysed in detail. At the same time, a protracted legal dispute was to be avoided where possible.

Approach: We reconstructed the disputed transactions in detail, quantified the resulting claims and demanded compensation from the managing director out of court. Further negotiations were conducted on the basis of the available documentation and a professional assessment.

Result: A satisfactory out-of-court settlement was reached, and protracted legal proceedings were avoided.

FAQ

Do you need a lawyer for Civil Law?

Contact us.

Contact