Securing receivables: strategies for your success.
Experience shows that the realization of larger claims usually remains unsuccessful if they are based exclusively on lengthy legal proceedings. The reason for this lies in the often exorbitant duration and considerable costs of such proceedings.
Effective alternative: contractually agreed pledges.
A proven and efficient way of securing receivables is the contractually agreed pledging of objects or rights. While the contractual pledge of rights played a rather subordinate role in the past, this has changed fundamentally with the progress of digitalization.
Today, digitalization enables a significantly more efficient recycling process and opens up access to national and international sales markets. In this way, recovery proceeds can be maximized and claims realized more effectively. The use of this method is similar to arbitration: both approaches make it possible to leave the restrictive framework of the Code of Civil Procedure and bring about a quick, cost-efficient solution for creditors and debtors. Experience shows that problems between merchants are best resolved by commercial means.
Pledging as legally compliant security for receivables.
New legal framework from 2025
With the amendment to Section 383 BGB (legal definition), which came into force on January 1, 2025, the legislator has expressly strengthened the importance of the pledge of rights — and for the first time also enshrined the conduct of online auctions by publicly appointed, sworn auctioneers in law. This reflects the trust placed in auctioneers as an independent authority: as a guarantor for legally secure procedures, economically sound realization and transparent processes. In accordance with Section 383 of the German Civil Code (BGB), the publicly appointed, sworn auctioneer is now expressly named in first place as the central authority for the realization of objects and rights based on contractual and statutory pledges of rights. His involvement guarantees independent, legally compliant and fair handling of the realization procedure, which is accepted by both creditors and debtors. When realizing claims to pledged rights and objects, the generally publicly appointed, sworn auctioneer specializing in these realizations in accordance with Section 1237 of the German Civil Code ensures the best possible realization proceeds.
Your advantages:
- Time and cost efficiency: rapid realization avoids lengthy court proceedings.
- Maximization of exploitation proceeds: access to national and international markets.
- Legal certainty: Legally regulated procedures guarantee transparency and fairness.
