Raimund Bollenberger
Challenging of finance transactions pursuant to section 31 Para 1 Lit 2, 2nd case Austrian Bankruptcy Code - considerations on the occasion of the decisions OGH 2 Ob 2147/96s and 4 Ob 306/98y
According to established case law of the Austrian Supreme Court, it is sufficient to show mere indirect detrimental effect of a legal transaction for challenging this transaction pursuant to section 31 para 1 lit 2, 2nd case Austrian Bankruptcy Code. The article - inspired by the decisions 2 Ob 2147/96s and 4 Ob 306/98y - deals with the concrete determination of this challenge requirement and with the extent of the claims of the bankrupt's estate. The author tries to show that the Austrian Supreme Court has developed its precedents regarding detrimental legal transactions in critical points consequently and in so far correctly, but that nevertheless some supplements, modifications and corrections have to be made.
