Auction
Glossary

Judicial auction

Court enforcement proceeding in which land, a superstructure or a building right is realised to enforce an enforceable monetary claim.

In brief

Definition and context: Under section 133 of the Enforcement Act, the auction may be authorised on the enforcing creditor’s application for an enforceable monetary claim. It is usually documented in the authorisation order and the enforcement court’s auction file.

Role question: Owners need their procedural file, creditors need the title and real-estate security, and buyers need the court’s property documents. The auction file check sorts those records, while the role-based checklists guide the next preparation step.

Distinction: A judicial auction is neither a freely negotiated property purchase nor ordinary debt collection. The role hubs cover owners, creditors and buyers.

This explanation gives a general overview of Austrian law and does not replace a lawyer’s examination of the individual case.

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Contact

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Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg