How partition auctions and creditor auctions differ in purpose, minimum bid and legal consequences.
BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, corporate law and civil proceedings
We review the court file and property documents, explain the likely legal and financial consequences, and agree the next step with you.
A partition auction concerns the ending of a co-ownership community. Sections 830, 841 and 843 ABGB govern the claim and the priority of physical partition. Judicial sale follows only where that form is not possible or appropriate.
This differs from a creditor auction. The starting point is not enforcement of a money claim but ending the community.
Order the purpose, applicant and minimum bid of the proceeding.
Already know you want to speak with a lawyer? Go straight to the contact form.
A partition auction concerns the ending of a co-ownership community. Sections 830, 841 and 843 ABGB govern the claim and the priority of physical partition. Judicial sale follows only where that form is not possible or appropriate.
An ordinary judicial auction realises property to satisfy an enforceable money claim. Application, title, valuation, edict and distribution follow the Enforcement Code.
In a creditor auction the statutory floor under section 85(2) EO generally applies. Sections 352a and 352b EO provide separate rules for a partition auction concerning rights taken over, minimum bid and written offers.
Co-owners review physical partition, possible condominium creation and use arrangements. Creditors review title, security and ranking. Bidders review object, conditions and rights taken over without credit.
Keep application, order, edict and valuation together. Only then calculate minimum bid, financing and next steps.
A partition auction concerns the ending of a co-ownership community. Sections 830, 841 and 843 ABGB govern the claim and the priority of physical partition. Judicial sale follows only where that form is not possible or appropriate.
A partition auction concerns the ending of a co-ownership community. Sections 830, 841 and 843 ABGB govern the claim and the priority of physical partition. Judicial sale follows only where that form is not possible or appropriate.
This differs from a creditor auction. The starting point is not enforcement of a money claim but ending the community.
An ordinary judicial auction realises property to satisfy an enforceable money claim. Application, title, valuation, edict and distribution follow the Enforcement Code.
The purpose matters to owners and bidders because it changes the questions about minimum bid, burdens and distribution. The label judicial auction is not enough.
In a creditor auction the statutory floor under section 85(2) EO generally applies. Sections 352a and 352b EO provide separate rules for a partition auction concerning rights taken over, minimum bid and written offers.
The half-value rule of an ordinary creditor auction must not be transferred to a partition auction. The actual edict must also be read.
Co-owners review physical partition, possible condominium creation and use arrangements. Creditors review title, security and ranking. Bidders review object, conditions and rights taken over without credit.
Keep application, order, edict and valuation together. Only then calculate minimum bid, financing and next steps.
Feature
| Feature | Partition auction | Creditor auction |
|---|---|---|
| Purpose | End the community | Satisfy a money claim |
| Basis | Partition judgment and sections 352 ff EO | Enforceable title and EO |
| Minimum bid | Specific sections 352a and 352b EO | Generally section 85(2) EO |
| Review focus | Physical partition and co-owner rights | Title, ranking and distribution |
Order the purpose, applicant and minimum bid of the proceeding.
Separate partition from money enforcement.
Do not confuse judgment and title.
Secure proceeding-specific conditions.
Do not import rules from the other proceeding.
Call the firm or send us an email. We will review your enquiry and contact you.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000