Rea­liza­ti­on rights for items assi­gned as secu­ri­ty

Rea­liza­ti­on rights for items assi­gned as secu­ri­ty

The public auc­tion of items assi­gned to third par­ties as secu­ri­ty is trea­ted by case law as equi­va­lent to a public auc­tion on the basis of sta­tu­to­ry pro­vi­si­ons. (BGH, N JW 73, 246= GewA 73, 94 GRUR 74,31). The­r­e­fo­re, the rea­liza­ti­on can take place by public auc­tion or, in the case of objects or rights with a stock exch­an­ge or mar­ket pri­ce, by pri­va­te sale by the gene­ral­ly publicly appoin­ted, sworn auc­tion­eer.

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