Organise the file
Group original documents by legal basis, date and person involved.
Business crisis
Fixed date transactions and insolvency: delivery, market price and damages
Fixed date transactions under Austrian insolvency law: when Section 22 IO allows damages instead of demanding delivery
Your insolvency law team
BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
We review the procedural status, contracts, payment records and security, then explain which legal question needs to be addressed next.
21 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Fixed date transactions and insolvency: delivery, market price and damages concerns a specific decision point in Austrian insolvency law. The result depends on the complete chronology of the proceedings and evidence.
Sections 21 and 22 IO provide the starting point for a fixed delivery date, the market price and damages. Authority, timing, legal basis and procedural status must be read together.
A reliable first assessment separates the legal starting point, the documents required and the next practical step.
Review fields
Bring legal basis, timing and evidence together
The four fields prevent a premature allocation.
| Review field | Documents | Core question |
|---|---|---|
| Legal basis | Statute, contract or order | Which rule applies? |
| Timing | Opening, due date or payment | Which dates matter? |
| Parties | Debtor, creditor or administrator | Who acts or is liable? |
| Evidence | Original, account, register or correspondence | What can be proved? |
The specific assessment depends on the complete documents and procedural status.
Matter check
Which information is missing for a reliable assessment?
The check identifies the next review step.
Discuss the specific matter with the firm.
Which information is missing for a reliable assessment?
Your answers
Review the documents
Clarify timing
Separate opening, due date, payment and decision.
Allocate the parties
Record who is claimant, debtor, administrator or contracting party.
Document the dispute
Keep objections, letters and the current status without assuming a legal consequence.
The legal starting point
The legal starting point
Sections 21 and 22 IO provide the legal starting point for a fixed delivery date, the market price and damages. The current text and procedural status matter.
Sections 21 and 22 IO provide the legal starting point for a fixed delivery date, the market price and damages. The current text and procedural status matter. Fixed date transactions and insolvency: delivery, market price and damages.
Which documents belong together
Which documents belong together
Organise orders, contracts, account records, register data and correspondence around the actual question. Inconsistencies should remain visible.
Organise orders, contracts, account records, register data and correspondence around the actual question. Inconsistencies should remain visible. Fixed date transactions and insolvency: delivery, market price and damages.
Separate timing and consequence
Separate timing and consequence
Opening, due date, payment, delivery or a court decision may be different points in time. One date alone does not determine the consequence.
Opening, due date, payment, delivery or a court decision may be different points in time. One date alone does not determine the consequence. Fixed date transactions and insolvency: delivery, market price and damages.
The next procedural step
The next procedural step
Create a short chronology and mark the decision still open. The document check helps bundle the information.
Create a short chronology and mark the decision still open. The document check helps bundle the information. Fixed date transactions and insolvency: delivery, market price and damages.
Do not infer a consequence from one document: Keep legal basis, timing, parties and evidence in one chronology.
FAQ
Frequently asked questions
Which documents are important? +
The original contract or order, relevant account or register records and the current procedural status. The exact documents depend on a fixed delivery date, the market price and damages.
Is a summary enough? +
A summary may be an indication. The relevant original text or reliable primary evidence should support the assessment.
Why separate the dates? +
Opening, due date, payment and decision can have different consequences.
What is the next practical step? +
Create a chronology, mark the open question and have the specific documents reviewed.
Further reading
Related procedural questions
Creditors in insolvency proceedings
Organise the legal basis and procedural status
Directors in a crisis
Separate roles and next steps
Document check
Bundle evidence before the next step
Related article
Explore the procedural status further
Contact
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Topics
Fixed date transactionDeliveryMarket priceDamages
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Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000