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Posts tagged #enforcement

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OGH: Jurisdiction after Executory Title Violations

Procedural Law 

If an action violating an executory title has materialised throughout Austria, pursuant to Section 355 of the Austrian Enforcement Regulation (Exekutionsordnung, hereinafter EO) the debtor has the choice of which district court to claim as competent....

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OGH: Prohibition of sale prevents joining foreclosure proceedings

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) clarified that a prohibition of encumbrance and sale also prevents joining an existing forced foreclosure procedure. In the case at hand, the obligated party and his wife each owned half of a pro...

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