Secure the central record
Save the order, agreement or plan with annexes and date.
Insolvency proceedings
Lease in insolvency: separate termination, continuation and supporting records
Legal guidance on procedural stage, original records and open questions in Austrian insolvency law for creditors and contractual partners.
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.
5 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Section 23 IO concerns leases. Section 25a IO can restrict termination by contractual partners in defined circumstances.
Lease, termination and ongoing performance must be reviewed separately.
This article separates the review point from general insolvency and restructuring topics.
Review area
Which records belong together?
Court records, contract or plan wording and payment evidence answer different questions.
| Review area | Records | Core question |
|---|---|---|
| Opening data | Order, case reference, contacts | Is the procedural stage evidenced? |
| Rights and duties | Contracts, claims, security | Which legal position is affected? |
| Evidence | Accounting, letters, payment records | Which fact can be proved? |
The concrete effect depends on the procedural stage and original records.
Review path
Is the central record available?
The check orders the next record but does not replace legal advice.
Discuss the specific matter with the firm.
Is the complete court record or relevant contract text available?
Your answers
Review the documents
Complete annexes and dates
Organise missing annexes, deadlines and amounts.
Do not treat a summary as proof
Obtain the original text instead of relying on an email or short summary.
Separate payment from legal basis
Review whether the payment follows from the record or is a separate claim.
Lease: legal starting point
Lease: legal starting point
Section 23 IO concerns leases. Section 25a IO can restrict termination by contractual partners in defined circumstances.
Lease, termination and ongoing performance must be reviewed separately.
Three document tracks
Three document tracks
Keep court records, contracts and payment evidence in separate groups.
Mark which issue is evidenced and which remains open.
No automatic conclusion
No automatic conclusion
Review the agreement, termination and outstanding payments separately.
The exact wording and timing remain decisive.
Next review point
Next review point
Create a short chronology with document, date, amount and open question.
Where uncertain, the concrete file should receive legal review.
Do not assume a blanket deadline or effect: Review the agreement, termination and outstanding payments separately.
FAQ
Frequently asked questions
Which record is decisive? +
That depends on the review point; the original instrument, procedural stage and timing matter.
Is an email enough evidence? +
It may be an indication but does not automatically replace the relevant agreement, order or plan.
Are all payments treated alike? +
No. Legal basis, due date and procedural position must be separated.
Can this article replace individual review? +
No. It structures the questions and identifies the statutory starting points checked.
Topics
LeaseInsolvency proceedingsRecordsCreditors
Would you like us to review a claim, owned goods or a decision in a business crisis?
Tell us your role, the business concerned and the procedural status. We respond within one business day.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000