Chapter 3: Austria
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This contribution explores how and in what areas the public policy clause has been applied. It has undergone a Europeanisation and / or internationalization. Important rulings of the supreme courts and major changes of the law, e.g. regarding personal status, family and succession law may lead to the result that foreign law could be considered as contrary to public policy. The clause is applied in a most restricted way. It seems that its role is decreasing, whereas the qualification of provisions as overriding mandatory rules seems on the rise. Administrative authorities have confirmed a violation of public policy rather energetically, especially in the field of public law, when the preliminary question concerned the application of foreign private law. A certain bias is noticeable regarding early marriages, surrogacy, and the adoption of adults, whereas the acquisition of security rights by constitutum possessorium does not violate public policy anymore.

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