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Evidence priority, not a legal determination

Separate the asset, possession, ownership basis and processing.

The check organises four evidence fields. It does not confirm a separation right and does not recommend self help removal.

Evidence priority, not a legal determination

Separate the asset, possession, ownership basis and processing

The check organises four evidence fields. It does not confirm a separation right and does not recommend self help removal.

Would you like the documents reviewed legally? Submission does not preserve any deadline.

01 Review question 1

Which asset needs to be identified?

Do not merge descriptions, quantities, serial numbers, photographs and delivery records indiscriminately.

Possible outcomes

The outcomes of this check.

01

The asset is described as individually identifiable.

Priority: secure current evidence of identity and possession.

1. Asset

  • Match the description, serial number, photographs, delivery record and location to the same asset

2. Possession

  • Evidence current possession, use, handovers and contact with the insolvency administrator

3. Basis of ownership

  • Secure the contract, ownership clause, lease, rental or custody terms and payment flow

4. Processing and subsequent path

  • Document processing, attachment, mixing, relocation or sale chronologically

This order prioritises evidence and does not determine a separation right. Legal source: section 44 IO. Further guidance: separation rights and retention of title hub and the goods or machinery checklist.

Open the goods or machinery checklist →
02

Processing, attachment or mixing requires a complete asset chronology.

Priority: evidence condition before and after the change, quantities and components.

1. Asset

  • Match the description, serial number, photographs, delivery record and location to the same asset

2. Possession

  • Evidence current possession, use, handovers and contact with the insolvency administrator

3. Basis of ownership

  • Secure the contract, ownership clause, lease, rental or custody terms and payment flow

4. Processing and subsequent path

  • Document processing, attachment, mixing, relocation or sale chronologically

This order prioritises evidence and does not determine a separation right. Legal source: section 44 IO. Further guidance: separation rights and retention of title hub and the goods or machinery checklist.

Go to the separation rights hub →
03

The location or subsequent path of the asset must be evidenced first.

Priority: secure handovers, relocations, sale records and the flow of proceeds chronologically.

1. Asset

  • Match the description, serial number, photographs, delivery record and location to the same asset

2. Possession

  • Evidence current possession, use, handovers and contact with the insolvency administrator

3. Basis of ownership

  • Secure the contract, ownership clause, lease, rental or custody terms and payment flow

4. Processing and subsequent path

  • Document processing, attachment, mixing, relocation or sale chronologically

This order prioritises evidence and does not determine a separation right. Legal source: section 44 IO. Further guidance: separation rights and retention of title hub and the goods or machinery checklist.

Open the goods or machinery checklist →

Evidence prioritisation only for individual legal review. No determination of entitlement, enforceability, deadline, liability or amount.

BRANDAUER Rechtsanwälte
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.

Call directly +43 662 6280000 WhatsApp Write an email Book an initial consultation (72 euros)

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.

+43 662 6280000 [email protected] Book an initial consultation (72 euros)

Direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg