Selected issues in the context of general clauses in Liechtenstein private law
Project Description
The Liechtenstein General Civil Code (ABGB) was adopted in 1812, following the Austrian role model. After World War I, Liechtenstein adjusted its economy towards Switzerland, which also led to an adaptation of private law to the Swiss legal system. In this process, property law as well as parts of personal and corporate law were incorporated, the latter also containing Liechtenstein-specific legal innovations. However, attempts to reform the law of obligations, inheritance law, and family law failed, resulting in a private law system that remains to this day a hybrid of Swiss and Austrian legal influences. Since Liechtenstein’s accession to the European Economic Area (EEA) in 1995, European legislation has also been gaining increasing influence.
At the same time, legislation can never comprehensively regulate all legal matters, as this would lead to an unmanageable expansion of legal texts. Legal systems within the continental European legal tradition address this issue through the use of general clauses. These legal norms are formulated in broad terms and require further concretization through case law and legal scholarship. From a legal-theoretical perspective, this is referred to as gaps intra legem, meaning that no true legislative gap exists, as a general clause-like provision can still be applied. However, resolving legal questions in such cases is only possible if the general clause is substantiated by judicial interpretation and value judgments. In addition to statutory law and case law-based legal doctrines, fundamental rights may also serve as a means to interpret and apply general clauses.
This research project aims to examine the function and impact of such general clauses in Liechtenstein’s private law.
At the same time, legislation can never comprehensively regulate all legal matters, as this would lead to an unmanageable expansion of legal texts. Legal systems within the continental European legal tradition address this issue through the use of general clauses. These legal norms are formulated in broad terms and require further concretization through case law and legal scholarship. From a legal-theoretical perspective, this is referred to as gaps intra legem, meaning that no true legislative gap exists, as a general clause-like provision can still be applied. However, resolving legal questions in such cases is only possible if the general clause is substantiated by judicial interpretation and value judgments. In addition to statutory law and case law-based legal doctrines, fundamental rights may also serve as a means to interpret and apply general clauses.
This research project aims to examine the function and impact of such general clauses in Liechtenstein’s private law.
Relevance to Liechtenstein
The research project is dedicated to research questions in Liechtenstein private law. In particular, it will focus on legal issues in connection with general clauses of the General Civil Code (ABGB) and the Persons and Companies Act (PGR), which have been little studied to date. The Liechtenstein Business Law School naturally focuses on Liechtenstein law and its research creates essential foundations for Liechtenstein legal practice. In addition, the research project falls thematically within the core area of “Responsibility and Society” at the University of Liechtenstein. The research results obtained make a valuable contribution to the development of the law and strengthen legal certainty within the Liechtenstein legal system. They thus contribute not only to science, but also to practical application and social stability. Particularly in the area of the indirect third-party effect of fundamental rights via the general clause of immorality pursuant to Section 879 ABGB, little research has been conducted in Liechtenstein law to date and the research project is therefore of great relevance for academia and practice.
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Scientific, Economic and Societal Impact
Legal certainty is a central pillar of the country's stability and development. Academic research in these areas makes a significant contribution to strengthening legal certainty and sovereignty by providing Liechtenstein legal practitioners with sound guidance. University research must, on the one hand, include application-oriented studies and, on the other hand, conduct basic research that is relevant in the long term for further legal studies and practical applications. This research project addresses both aspects.
Translated with DeepL.com (free version)
Translated with DeepL.com (free version)
