Retention of title
A contractual arrangement under which title remains with the supplier until the agreed condition is met.
If the buyer enters insolvency, the review asks whether retention of title was validly agreed and whether the delivered asset can still be identified. Only then can it be assessed whether the supplier may assert a right of separation under section 44 IO.
Retention of title is the contractual basis for ownership remaining with the supplier, while separation is the insolvency procedure for recovering the asset. It proves neither ownership nor a remaining payment claim by itself. The topic hub on ownership in the estate explains that distinction; the claim filing guide after debtor insolvency covers the separate payment route in German.
More information
General guidance, not advice on an individual matter.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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