legal advice., 22d June, 1868

legal advice.

The rights and the legal position of aliens residing in Austria are essentially regulated by § 33 of the Austrian civil code, which runs as follows:

“Foreigners have in general equal civil rights and obligations with the natives if the quality of a citizen is not expressly required for the enjoyment of these rights. Foreigners must also, in order to enjoy the same rights as natives, prove in cases of doubt that the state to which they belong will likewise treat the citizens of this country in regard to the rights in question like its own.”

According to this law foreigners enjoy the same civil rights with the Austrian citizens, if for the enjoyment of a certain right the qualifications of an Austrian citizen are not expressly required. On the other hand they are subject to the same obligations as the Austrians. There is a fundamental exception from this general rule respecting the citizens of states which do not confer on Austrians the same rights which their own subjects legally enjoy.

A total enumeration of cases in which the Austrian citizenship is expressly required is hardly possible, and therefore I cannot guarantee that the following list of cases in which foreigners are not in possession of the same rights as Austrian subjects will be complete. I can only say that no case of any importance has been overlooked. Foreigners cannot—

• Receive the appointment of public functionaries, (official.)
• Nor those of advocates, notaries, or public agents.
• Foreigners cannot be superiors of religious orders.
• If a foreigner wishes to commence a public trade or business, it is not sufficient to give notice to the board of trade of his intended project, but a special concession of the home department is besides required.
• Foreigners cannot be admitted to the military service.
• They cannot be appointed guardians or committees for Austrian minors or Austrian subjects under committee.
• They have not the right of constituency for the diets and the Reichsrath.
• Nor have they the right of being elected as such deputies.
• They cannot be admitted to the membership of political associations.
• They are not authorized to act as undertakers, directors, or managers of public meetings, the object of which is the discussion of political affairs.
• They have not the right of election for the common council and cannot be elected as such members.
• They cannot obtain the position of a sworn broker, (agent of exchange.)
• They cannot exercise the profession of hawker.
• Physicians, surgeons, and midwives, as well as apothecaries, if foreigners, are not admitted to the practice of their respective professions till they have passed the legal examinations of the country.
• Foreigners cannot be directors of public schools or educational establishments; as little can they become professors of a university or of any public institute.
• The personal capacity of foreigners is in regard of their transactions to be judged of according to the laws of their own country, viz: Although an Austrian has become of age by completion of his 24th year, a foreigner, however, of 24 years cannot be regarded as of age if the laws of his country requires a greater number of years. In this regard the foreigners may not be able to enjoy the same rights as the Austrians.