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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Terms found Action for the restoration of ownership Amended dismissal Annuity Appeal against a decision Asset Assignment of Claims (Cession) Austrian Public Employment Service (AMS) Banking secrecy Bankruptcy proceedings BaSAG Book value / carrying amount Branch Brokerage Agreement Building Law Business Business entity Call for Tenders Capitalisation Casual Employment Certification Change in Operations Collective Bargaining Agreement Company Agreement Company Pension Comparison of business assets Compensation Compliance Compulsory enforcement Consumer Protection Act Corporate Reorganisation Act (URG) Corporation Covenants Debt restructuring Debtor Declaration of consent Decree Deferral Discount Dividend Double taxation Double-entry bookkeeping Easement Employee Stock Ownership Equity Equity loan Factoring Fees Act Financial plan Foreclosure sale Foreign-currency loan General partnership General Protection Against Dismissal Global assignment GmbH Group taxation Guarantee Guarantee credit Hidden reserves Hire Purchase Insolvency Insolvency Act Insolvency administrator Insolvency estate Insolvency register Inspection of the Land Register Inventory Land Register Letter of comfort Lien Limited partnership Liquidation Loan Loss Carryforward Maternity leave Merger Natural person Nominal value Option Outsourcing Part-time work Partnership Personal insolvency Pledge principle Preliminary decision on an appeal Progression Prohibition of alienation and encumbrance Prohibition on the repayment of deposits Property income tax Provision Proxy Public Limited Company Reallast Repayment Restriction on Transfer Restructuring proceedings Retention of title Revision Right of first refusal Right of retention Rights in rem Self-consumption Severance Pay Severance Pay new Severance Pay old Shareholder loans Short-time work Silent partnership Skimming procedure Social Plan Sole Proprietorship Standard value Stock Subscription right Superstruction Supervisory Board Tenancy agreement Works Council

Pledge principle

The acquisition of contractual liens on movable property requires the physical delivery of such property, in accordance with the principle of publicity in lien law. This requirement may also be satisfied by the security interest being held in safekeeping by a third party (the pledgee). Only where physical delivery is not practicable may delivery be effected by means of a symbol. In the case of the pledging of motor vehicles, the possibility of physical delivery is recognised; therefore, the handover of the vehicle registration certificate is not sufficient for the acquisition of a security interest in a motor vehicle.

If the assets in question are means of production required by the debtor-pledgor for the operation of their business, they cannot be pledged on the basis of the principle of the ‘Faustpfand’. Nor can this be achieved by creating a security interest in property, the valid creation of which is also subject to the principle of the ‘hand-pledge’. Consequently, there have been repeated calls for some time now for the creation of a so-called registered pledge, as already exists in the case of patents, designs and trade marks through entry in the patent, design and trade mark registers.

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