The Affidavit of Non Use is a crucial legal instrument in Austrian jurisdiction used when formal documentation of non-usage needs to be established. This document type is commonly required in various scenarios, such as trademark maintenance, vehicle registration matters, or property-related declarations. The affidavit must comply with Austrian legal requirements, including proper notarization under the Austrian Notaries Act. It contains detailed information about the declarant, the subject matter of non-use, the specific time period of non-use, and carries serious legal implications for false statements. The document is particularly important in situations where proof of non-use is required for legal or administrative proceedings, and its execution must follow strict formal requirements under Austrian law.
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1. Title and Declaration Statement: Formal title of the document and opening statement declaring this is an affidavit
2. Declarant Information: Full legal name, address, and identification details of the person making the declaration
3. Subject Matter: Clear identification of the item, property, trademark, or matter that is subject to the non-use declaration
4. Period of Non-Use: Specific timeframe during which the subject matter has not been used
5. Statement of Facts: Detailed declaration of the circumstances of non-use and confirmation that the statement is true
6. Legal Consequences: Acknowledgment of understanding the legal implications of making a false declaration
7. Execution: Space for signature, date, and notary authentication as required by Austrian law
1. Additional Witness Statement: Used when additional verification of non-use is required from other parties
2. Future Intentions: Include when there's a need to declare future plans regarding the subject matter
3. Related Agreements: Used when the non-use declaration is connected to other legal agreements or proceedings
4. Foreign Jurisdiction Statement: Required when the declaration needs to have effect in jurisdictions outside Austria
1. Identification Documents: Copies of official identification documents of the declarant
2. Subject Matter Documentation: Supporting documents that identify or describe the subject matter (e.g., trademark certificates, property deeds, vehicle registration)
3. Evidence of Non-Use: Any relevant documentation supporting the claim of non-use
4. Power of Attorney: If the declaration is being made by an authorized representative rather than the principal party
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