Action for Opposition
15.12.2025 | Enforcement / Execution
The legal basis for this can be found in § 35 EO, which specifies which objections the obligor can raise in the execution proceedings.
Action for Impugnation
15.12.2025 | Enforcement / Execution
Action for Impugnation The action for impugnation provides the obligor with an effective means to defend against an enforcement when certain facts preclude the approval of the proceedings. It becomes …
Third-Party Action for Release
15.12.2025 | Enforcement / Execution
The third-party action for release is a protective action regulated by law in § 37 EO for a third party, with which the latter asserts that a seized item belongs to them or that they have a right to it which precludes enforcement.
Execution Lawsuits
28.01.2026
Execution law provides various options for correcting inadmissible or faulty enforcement measures. These legal remedies always take effect when an execution goes too far, is based on inaccurate assumptions, or involves third-party property.
Execution proceedings
15.12.2025 | Enforcement / Execution
However, such a title still does not entitle the creditor to take action against the debtor himself. However, he may demand that the state enforce the claim by compulsion. This is precisely the purpose of enforcement proceedings.
Compulsory establishment of a lien
15.12.2025 | Enforcement / Execution
Compulsory establishment of a lien The compulsory establishment of a lien is one of three enforcement measures available for the execution on immovable property. Unlike compulsory administration, which covers the …
Compulsory Administration
15.12.2025 | Enforcement / Execution
According to § 97 Para 1 EO, the receivership of a property, a building on leased land, or a building right can be approved in favor of an enforceable monetary claim. According to Para 2, the uses and income of the object are used; this also includes income from a forestry or agricultural business operated on the property.
Forced Auction of a Property
15.12.2025 | Enforcement / Execution
The procedure is regulated in § 133 of the Enforcement Code (EO) and takes place in several steps. Even if the procedure takes some time, the forced auction is one of the most effective means of enforcing legitimate claims from immovable property.
Enforcement of Injunction
15.12.2025 | Enforcement / Execution
The enforcement of injunction thus creates effective pressure, as it sanctions every individual violation and thereby sustainably ensures compliance with the obligation.
Execution for Delivery
15.12.2025 | Enforcement / Execution
The surrender execution is legally regulated in the third section of the first part of the Execution Code. This is the area that concerns the effectuation of actions, tolerations, or omissions.
Execution of an Act
15.12.2025 | Enforcement / Execution
The execution of an act is therefore an essential instrument to effectively enforce judicial titles even when it is not about money, but about actual performance.
Execution against Claims
15.12.2025 | Enforcement / Execution
In practice, debt enforcement plays a central role primarily in the form of salary enforcement.
Execution on Asset Rights
15.12.2025 | Enforcement / Execution
Execution on asset rights has been comprehensively re-regulated since the comprehensive reform of enforcement law, which came into force on July 1, 2021, and is codified in Sections 326 et seq. of the Enforcement Code (EO).
Execution against Movable Assets
15.12.2025 | Enforcement / Execution
Execution against movable property is regulated in § 249 EO. The bailiff carries out the seizure by order of the court and ensures that the procedure is lawful.
Salary Execution
15.12.2025 | Enforcement / Execution
Salary Execution Salary execution is one of the most frequently chosen means of execution. It is a form of debt enforcement. A portion of a person’s income is garnished to …
Enforcement / Execution
25.12.2025 | Enforcement / Execution
Enforcement in Austria Enforcement, known as “Exekution” in Austria, refers to the enforcement of an established claim (to action, toleration or omission) of the entitled party against the debtor by …