Right of separation
The right to recover an asset from the insolvency estate where it does not belong wholly or partly to the debtor.
Once insolvency proceedings are open, the first issue is whether the asset forms part of the estate. Ownership, identity, location and the basis of possession must be established through contracts, delivery records, markings and other evidence.
A right of separation is not an insolvency claim for a dividend, and an unpaid invoice alone does not prove third party ownership. The topic hub on separation rights and retention of title explains the ownership route; a payment claim instead requires review of the filing route after debtor insolvency in this German language guide.
More information
General guidance, not advice on an individual matter.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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