Acknowledgement of debt (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
An acknowledgement of debt under Austrian law: the debtor confirms owing the creditor a stated sum, with its cause, payment in one sum or by instalments, the account and acceleration on default. You choose whether it is constitutive (it removes a doubt, and the sum is owed whatever the cause) or declaratory (it shifts the burden of proof). Both interrupt limitation (§ 1497 of the Austrian Civil Code, ABGB). The ABGB prescribes no special form; both sign for proof. Between spouses or registered partners it is valid only as a notarial deed (§ 1 Abs 1 lit b NotAktsG). In German.
What you fill in
The details the document asks for.
- Debtor
- Debtor's academic degree (if any)
- Debtor's date of birth
- Debtor's address
- Creditor
- Creditor's academic degree (if any)
- Creditor's date of birth
- Creditor's address
- Amount
- Amount in words
- Basis of the obligation
- Kind of acknowledgement (constitutive or declaratory)
- Payment in one sum or in instalments
- Due date
- Number of instalments
- Amount of each monthly instalment
- Due date of the first instalment
- IBAN
- Days in default
- Are the parties married to each other or registered partners?
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- What is the difference in Austria between a constitutive and a declaratory acknowledgement of debt?
- A constitutive (genuine) acknowledgement is a contract settling the position: it removes a serious doubt, and the debtor owes the sum even if the claim did not exist; it can only be challenged, not disproved. A declaratory acknowledgement is a statement of knowledge: it shifts the burden of proof, but the debtor may still prove that the debt does not exist. Which kind it is turns on interpretation — so this document says so expressly. A duty arises only if both sides make concessions: then it is a settlement, and the document costs 2%, or 1% if a lawsuit is pending (§ 33 TP 20 GebG).
- Does an acknowledgement of debt interrupt limitation in Austria?
- Yes. When the debtor acknowledges the claim, limitation is interrupted (§ 1497 ABGB) and the period starts to run afresh. This holds for constitutive and declaratory acknowledgements alike; even a part-payment or other conduct showing that the debtor knows of the debt can be enough. So record the date of the acknowledgement and keep the signed copy.
- Can a creditor in Austria enforce an acknowledgement of debt straight away?
- No. The acknowledgement is strong evidence but not an execution title: if the debtor does not pay, the creditor needs a payment order (Zahlungsbefehl) or a judgment. Only a notarial deed in which the debtor consents to immediate enforceability can be enforced without court proceedings (§ 3 NO, § 1 Z 17 EO); a notary draws it up, not this document. Between spouses, and between registered partners, the acknowledgement is valid only as a notarial deed anyway (§ 1 Abs 1 lit b NotAktsG, § 43 EPG).
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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