Chapter CXI: Section 10

In annulment proceedings, the provisions of the Austrian Law relating to the jurisdiction and the procedure of the courts in lawsuits relating to the annulment of marriages are applicable, subject to the following limitations:

1. The suit is to be made against both spouses. If the public prosecutor or one of the spouses files an appeal, then in the first case both spouses and in the second case the public prosecutor and the other spouse are to be considered as adverse parties.

2. The regulations relating to compulsory representation by counsel are not applicable to the public prosecutor.

3. If the public prosecutor is defeated, the Treasury is obliged to refund the expenses incurred by the spouses, according to Sections 40 et seq., of the Austrian Civil Law.

4. No counsel for the defense of the marriage bond will be appointed.

5. The suit can only be filed, if both spouses are alive. If one of the spouses should die before the sentence is executed, the case is to be considered in the main as closed.