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General Affidavit for Austria

General Affidavit Template for Austria

A General Affidavit is a formal written statement made under oath, governed by Austrian law and civil procedure requirements. This document serves as a legally binding declaration where the affiant swears to the truth of various statements or facts. It must be executed before a qualified notary public in Austria and comply with the Austrian Civil Code (ABGB) and Civil Procedure Code (ZPO) requirements. The document can be used in various legal, administrative, and business contexts, requiring proper notarization and, when applicable, appropriate apostille or legalization for international use.

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What is a General Affidavit?

The General Affidavit is a crucial legal instrument in Austrian jurisdiction, used when formal sworn statements are required for legal or administrative purposes. This document type is commonly utilized in situations requiring official verification of facts, statements, or circumstances, where the affiant must affirm the truth of their declarations under oath. The document must comply with Austrian legal requirements, particularly the Civil Procedure Code (ZPO) and Notary Act. A General Affidavit can be required in various contexts, including court proceedings, administrative procedures, property transactions, or business dealings. It typically includes personal details of the affiant, specific declarations or facts being sworn to, and must be properly notarized to be legally valid. The document's importance lies in its status as a sworn statement, with legal consequences for false declarations.

What sections should be included in a General Affidavit?

1. Title and Venue: Specifies the document as an affidavit and identifies the jurisdiction (Austria)

2. Affiant Information: Full legal name, address, and identification details of the person making the affidavit

3. Oath Declaration: Formal statement confirming that the contents are being sworn under oath

4. Purpose Statement: Clear statement of why the affidavit is being made

5. Facts and Declarations: The main substance of the affidavit, with numbered paragraphs containing the sworn statements

6. Verification Statement: Declaration that all stated facts are true and correct to the best of the affiant's knowledge

7. Signature Block: Space for affiant's signature, date, and notary details

What sections are optional to include in a General Affidavit?

1. Supporting References: Section citing relevant documents or evidence supporting the statements, used when the affidavit refers to specific documents or events

2. Capacity Statement: Statement of the affiant's legal capacity or authority, used when the affiant is making statements in a professional or representative capacity

3. Translation Certificate: Required when the affidavit needs to be used in non-German speaking jurisdictions

4. Prior Statements: Reference to any previous related affidavits or declarations, used when this affidavit supplements or updates previous statements

What schedules should be included in a General Affidavit?

1. Exhibit A - Supporting Documents: Copies of referenced documents, certificates, or other evidence supporting the affidavit statements

2. Exhibit B - Identity Documents: Copies of identification documents of the affiant when required

3. Exhibit C - Power of Attorney: If applicable, documents showing the authority to make statements on behalf of another party

4. Authentication Appendix: Additional notarization or apostille certificates required for international use

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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