After successful completion of the course, students are able to differentiate between various types of experts, to assign their rights and obligations to different areas of law and to be aware of the essential requirements of an expert opinion. In addition students are able to answer legal questions related to administrative and criminal or civil proceedings.
Definition and differentiation between the various types of experts e.g. authority’s experts, non-authority’s experts, private experts, arbitrators and court-certified experts. Adressing questions regarding the expert’s job description in the areas of public, private and criminal law. Overview of rights and obligations e.g. in connection with professional ethics, the law on fees, corruption and copyright law
Explanatory introduction regarding private, public and criminal law; insigth into the administrativ and judicial procedure; overview of various types of experts in different areas of law. Setting of learning materials and providing of further information.
Amendments due to corona pandemic (10.02.2021) Due to the corona pandemic TUW decided to continue Distance Learning until the End of SS 2021. The respective lecture will be given via Distance Learning. The lecture notes which will be voiced will be uploaded in TUWEL at the dates as disclosed in TISS.
Further Information: There will be no script but the lecture notes can be used as learning material.
Please be advised that on the dates as disclosed in TISS there will be a written exam via online tool. Prior to the examination, the account will be disclosed in TUWEL and you will be divided into groups. The questions regarding the exam will also be disclosed in TUWEL. For participation in the online exam you need 2 devices with a webcam e.g. laptop and smartphone.
Duration 1:45
During the whole examination your webcam must be switched on (active). In case of technical problems please sent immediately an email to (elke.sagmeister@tuwien.ac.at) or inform via online chat and document the problems (e.g. via video, screenshots).
If you are not available or you are not able to document the technical problems, the exam is to be considered as cancelled due to § 20 Abs. 7 Studienrechtliche Bestimmungen der Satzung der TU Wien. For further details please see the guidelines regarding Online Prüfungen.
Please make sure:
- your internet access is stable
- your room for examination shall be used alone
- there shall be no disturbances during the examination
- you have 2 devices with webcams, microphones, speakers and both have internet access
- scanners apps are Adobe Scan or Office Lens
Further details regarding the procedure of the online exam will be disclosed via TUWEL/TISS in a timely manner.
If you have no necessary equipment or not the spatial requirements, please inform your examiner at the time of your exam registration. For further details please see the guidelines regarding Online Prüfungen.
Content of exam
- answer of open questions (no multiple-choice)
- extent is learning material (lecture notes)
- up to 24 questions, including learning matters and case studies
- no calculations of fees
- answering only with Yes or No cannot be assessed if there is an explanation required
- no repetition of appeal stages and no classification of jurisdictions due to procedural law
- no formal repetition of laws but knowledge of the respective section and classification of its conten
What is allowed and what is not allowed?
Allowed is to have on your table the student identification card resp. the official identification card, beverages and office materials
It is not allowed to use the learning materials (lecture notes), self-made documents, papers, books, legal texts and ear-phones, smartphones and -watches, notebooks or tablets which are not necessary for carrying out the respective examination
Please see for further information https://www.tuwien.at/index.php?eID=dms&s=4&path=Richtlinien%20und%20Verordnungen/Online_Pruefungen.pdf
PLEASE be advised that the units and the examination are in German language.
The handsout will be provided only to registered students (WiSe 2021/22) after every unit for download. Please be advised that the notes are no script. The notes can be used as study material.
Recommended literature
- Attlmayr/Walzel von Wiesentreu, Sachverständigenrecht2 (2015)
- Elhenicky/Mayer/Stuefer, Der Sachverständige im Gerichts und Verwaltungsverfahren – Eine praktische Einführung (2014)
- Grünner, Sachverständigenrecht (2018)
- Krammer/Schmidt/Guggenbichler, SDG - GebAG Sachverständigen- und Dolmetschergesetz Gebührenanspruchsgesetz
- Krammer/Schiller/Schmidt/Tanczos, Sachverständige und ihre Gutachten (2019)
- Zeitschrift für Sachverständigenrecht
- Dokalik/Weber, Das Recht der Sachverständigen und Dolmetscher (2017)
