Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 175Power of court to order or permit amendment of written pleadings.

Title IV

In KraftAmtlicher Text

(1) The court may, at any stage of the proceedings, at the request of any of the parties, until judgment is delivered after hearing where necessary the parties, order the substitution of any act or permit any written pleading to be amended, either by adding or striking out the name of any party and substituting another name therefor or by correcting any mistake in the name or in the character of the parties, or by correcting any other mistake or by causing other submission of fact or of law to be added even by separate note, provided that no such substitution or amendment shall affect the substance either of the action or of the defence on the merits of the case.

(2) Any court of appellate jurisdiction may also order or permit, at any time until judgment is delivered, the correction of any mistake in the application by which the appeal is entered or in the answer, including any mistake in the indication of the court which delivered the decision appealed from, in the name or character of the parties, or in the date of the judgment appealed from: Provided that any court of appellate jurisdiction may also order corrections in the judgment of the court of first instance and other corrections that the court of appellate jurisdiction considers to be justified in the acts of the case at any stage of the appeal proceedings until the appeal is adjourned for judgment, at the request of any of the parties, and after granting the parties an opportunity to be heard:

Provided further that a court of appellate jurisdiction may also order corrections in a judgment which it has delivered upon an application filed by any of the parties within thirty days from the date of the judgment.

(3) Any judicial or administrative omission or mistake in a judicial act may until the court shall have delivered judgment and disposed of the case be remedied by a court of its own motion.

Änderungsgeschichte
  • Amended by IV.2016.6