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Affidavit Statement for Austria

Affidavit Statement Template for Austria

An affidavit statement under Austrian law (eidesstattliche Erklärung) is a formal written declaration made under oath or affirmation, where the declarant solemnly swears to the truth of the stated facts. This document carries significant legal weight in the Austrian legal system and is governed by various provisions including the Austrian Civil Code (ABGB) and Criminal Code (StGB). It serves as a sworn testimony that can be used in various legal, administrative, and business contexts, with false statements potentially carrying criminal penalties of up to three years imprisonment under Austrian law.

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What is a Affidavit Statement?

An Affidavit Statement (eidesstattliche Erklärung) is a crucial legal instrument in the Austrian legal system, used when formal written confirmation of facts under oath is required. This document type is commonly utilized in various situations including court proceedings, administrative matters, business transactions, and immigration processes. The document must comply with Austrian legal requirements, including potential notarization and specific formatting guidelines. It carries significant legal weight, with false statements being punishable under §288 of the Austrian Criminal Code. The document can be used both domestically and internationally (with appropriate authentication), and may require certified translations when used across language barriers. Its formal nature and legal consequences make it a powerful tool for establishing facts in legal and administrative procedures.

What sections should be included in a Affidavit Statement?

1. Title and Designation: Clear identification as an affidavit statement (eidesstattliche Erklärung) at the top of the document

2. Declarant Information: Full legal name, date of birth, nationality, and current address of the person making the affidavit

3. Competency Declaration: Statement confirming the declarant is of legal age and sound mind to make the declaration

4. Purpose Statement: Clear statement of the purpose for which the affidavit is being made

5. Factual Statements: Numbered paragraphs containing the main substance of the sworn statements

6. Truth Declaration: Formal statement that all information provided is true and correct to the best of the declarant's knowledge

7. Legal Consequences Acknowledgment: Statement acknowledging understanding of legal consequences of making false declarations

8. Signature Block: Space for signature, date, and place of signing

What sections are optional to include in a Affidavit Statement?

1. Translator Certification: Required when the affidavit is being prepared in multiple languages or when the declarant does not speak German

2. Witness Statement: Used when additional verification of the facts or identity is required

3. Document List: Required when the affidavit references supporting documents

4. Notarial Certification Block: Required when the affidavit needs to be notarized

5. Apostille Space: Required when the affidavit will be used internationally

What schedules should be included in a Affidavit Statement?

1. Supporting Documents: Copies of referenced documents that support the statements made in the affidavit

2. Identity Documents: Copies of passport or other official identification documents when required

3. Power of Attorney: If the affidavit is being signed by an authorized representative

4. Certified Translations: Official translations of the affidavit when required for international use

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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