Ersatzaussonderungsrecht und Drittwiderspruchsklage

The right of separation and third party proceedings are enforcement measures which can be used to claim that an object is not part of the assets of the liable party. Tomas Kuhn begins by examining the right of separation for substitutes in insolvency law. He then looks into the question of a parallel in individual compulsory execution. Based on the idea that there is a parallelism in the two liability systems and on the concept of the solvent debtor in compulsory execution, he advocates such a »third party proceedings for substitutes« if the material claim is not for money. The author is also in favor of both protective measures in the law of execution in the case of a sale which has no legal basis. In this, the author also sees an argument against the reacquisition in rem by the person having no authority to do so.