Download e-book for iPad: National Reports on the Transfer of Movables in Europe: by Wolfgang Faber, Brigitta Lurger

By Wolfgang Faber, Brigitta Lurger

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Extra resources for National Reports on the Transfer of Movables in Europe: Austria, Estonia, Italy, Slovenia (Schriften Zur Europaischen Rechtswissenschaft European Legal Studies Estudes Juridiques Europeennes)

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2. , below. 67 Revindication is excluded if the other person has a right to possess. Such a right to possess may be based on a limited right in rem (servitude or pledge) or on an obligatory right, such as a right of use under a leasing contract, a gratuitous lending contract or based on a sale under retention of title. , by way of a sublease contract or by granting mere factual permission, for instance in favour of a family member). , with cars. According to the Supreme Court, what is decisive is only that the (first) lessee is entitled, vis-à-vis the owner, to leave the asset to a third party.

These terms also reflect the procedural context of insolvency law and enforcement law, respectively. Accordingly, one usually differentiates between the following two kinds of rights: (a) If the person having physical control over the property becomes insolvent, the owner can recover his property from the bankrupt’s estate (socalled Aussonderungsrecht, § 44 KO, § 21 AO). The creditors of the bankrupt debtor, therefore, are prevented from satisfying their claims out of the proceeds of the property.

Koziol/Welser, Grundriss I13, 345; for details see Spielbüchler in Rummel, ABGB I3, § 369 no. 2. , below. 67 Revindication is excluded if the other person has a right to possess. Such a right to possess may be based on a limited right in rem (servitude or pledge) or on an obligatory right, such as a right of use under a leasing contract, a gratuitous lending contract or based on a sale under retention of title. , by way of a sublease contract or by granting mere factual permission, for instance in favour of a family member).

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