Partition auction
The non-partisan valuation and distribution of all movable assets and company shares is carried out by converting tangible assets into monetary value. This is the straightforward way to satisfy all parties in the short term.
This method proves to be an efficient and economically advantageous solution, particularly in inheritance law disputes, company law separations and the realization of collateral in the context of disputes between parties.
We carry out:
§ Section 731 BGB Settlement in the event of division
In the absence of any other agreement, the division shall be carried out in accordance with Sections 732 to 735. In all other respects, the provisions on community auctions in the event of dissolution of the community shall apply to the division.
Tepartmental auction in the event of dissolution of the community
According to § 753 Para. 1 BGB , the dissolution of the community, according to § 731 i. V.m. § Section 753 BGB, the provisions on the sale of pledges apply to the dissolution of the community, the dissolution of the community of property ( Section 1477 para. 1 BGB), the dissolution of the continued community of property (Section 1498 BGB) and the dissolution of the co-heirs (Section 2042 para. 2 BGB).
If an amicable agreement on the division of the proceeds cannot be reached, the proceeds must be deposited with the depository of the competent local court in favor of the heirs.
§ 749 BGB Cancellation
- Each partner can demand the dissolution of the community at any time
- If the right to demand termination is excluded by agreement for good or for a limited period, termination may nevertheless be demanded if there is good cause. Under the same condition, if a notice period is stipulated, termination may be demanded without observing the notice period.
- An agreement which excludes or restricts the right to demand rescission contrary to these provisions shall be null and void.
Partial auction upon dissolution of the community
Pursuant to Section 753 (1) BGB , the dissolution of the community, pursuant to Section 731 i. V.m. § Section 753 BGB, the provisions on the sale of pledges apply to the dissolution of the community, the settlement between members of the company, the spouses after the termination of the community of property (Section 1477 (1) BGB), the participation in the dissolution of the continued community of property (Section 1498 BGB) and the settlement of the co-heirs (Section 2042 (2) BGB).
If an amicable agreement on the division of the proceeds cannot be reached, the proceeds shall be deposited with the depository of the competent local court in favor of the entitled parties.
§ Section 753 BGB Division by sale
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If division is excluded by nature, the community shall be dissolved by selling the common object in accordance with the provisions on the sale of pledges, in the case of land by forced sale, and by dividing the proceeds. If the sale to a third party is not permitted, the object shall be auctioned off among the partners
- If the attempt to sell the object is unsuccessful, each partner may demand that it be repeated; however, he must bear the costs if the repeated attempt fails.
Partial auction upon dissolution of the community
Pursuant to Section 753 (1) BGB , the dissolution of the community, pursuant to Section 731 i. V.m. § Section 753 BGB, the provisions on the sale of pledges apply to the dissolution of the community, the settlement between members of the company, the spouses after the termination of the community of property (Section 1477 (1) BGB), the participation in the dissolution of the continued community of property (Section 1498 BGB) and the settlement of the co-heirs (Section 2042 (2) BGB).
If an amicable agreement on the division of the proceeds cannot be reached, the proceeds must be deposited with the depository of the competent local court in favor of the entitled parties
§ Section 2042 BGB Settlement of the community of heirs
- Each heir may demand settlement at any time, unless otherwise provided for in Sections 2043 to 2045.
- The provisions of Section 749 (2), (3) and Sections 750 to 758 shall apply.
Each heir can therefore demand the settlement of the community of heirs at any time (Section 2042 BGB), unless the settlement is excluded in the will or there are reasons for postponement. If the heirs fail to reach an agreement on the settlement, the community is dissolved by selling the joint property in accordance with the provisions on the sale of pledges, in the case of real estate by forced sale (ZVG) and by dividing the proceeds (§ 180 ff ZVG). The items are sold in a public auction by a generally publicly appointed, sworn auctioneer. The sale of the items is due at any time, as each participant can demand the dissolution of the community at any time. All members of the community must be notified of the intention to dissolve, i.e. to liquidate, with a sales period of one month. The sale may only take place after the deadline has expired if a public announcement has been made and the parties to the proceedings have been notified.
If an amicable agreement on the division of the proceeds cannot be reached, the proceeds must be deposited with the depository of the competent local court in favor of the heirs.
