Section 16 IO distinguishes conditions
Organise the records for this review point and record the open question.
Creditors
Conditional claim in insolvency: security and condition event
What to review for conditional claims under section 16 IO in Austrian insolvency proceedings.
Your insolvency law team
BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
We review the procedural status, contracts, payment records and security, then explain which legal question needs to be addressed next.
26 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A claim may depend on a future event occurring or not occurring. Section 16 IO links security and payment to the type of condition.
Record the clause, event, evidence and security separately.
The concrete effect depends on the agreement and procedural stage.
Conditional claim
Which records belong together?
Legal basis, timing and evidence answer different questions.
| Review area | Records | Core question |
|---|---|---|
| Grundlage | Conditional claim | Was ist belegt? |
| Zeitpunkt | Eröffnungsbeschluss und Chronologie | Welche Daten gelten? |
| Rechtsfolge | Vertrag und Verfahrensstand | Welche Frage ist offen? |
The concrete effect depends on the procedural stage and original records.
Review path
Conditional claim
The check orders the next records.
Discuss the specific matter with the firm.
Are legal basis, timing and records fully documented?
Your answers
Review the documents
Separate clause and event
Organise the records for this review point and record the open question.
Do not assume security
Organise the records for this review point and record the open question.
Prepare the conditional claim
Organise the records for this review point and record the open question.
Section 16 IO distinguishes conditions
Section 16 IO distinguishes conditions
A claim may depend on a future event occurring or not occurring. Section 16 IO links security and payment to the type of condition.
Record the clause, event, evidence and security separately.
Separate clause and event
Separate clause and event
Record the clause, event, evidence and security separately.
The concrete effect depends on the agreement and procedural stage.
Do not assume security
Do not assume security
The concrete effect depends on the agreement and procedural stage.
A claim may depend on a future event occurring or not occurring. Section 16 IO links security and payment to the type of condition.
Prepare the conditional claim
Prepare the conditional claim
A claim may depend on a future event occurring or not occurring. Section 16 IO links security and payment to the type of condition.
Record the clause, event, evidence and security separately.
Keep records separate: legal basis, timing and legal effect require separate evidence.
FAQ
Frequently asked questions
Which records are decisive? +
A claim may depend on a future event occurring or not occurring. Section 16 IO links security and payment to the type of condition.
Further reading
Related insolvency topics
Topics
Conditional claim
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