| Fachwort |
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| Deutsch | enforcement | Grundwort | fehlt |
| Fachbebiet | fehlt |
Trennung: | enforcement |
| Inhalt | fehlt |
Status: | |
| Worttyp | fehlt |
| Section 772 Duty of creditor of enforcement and realisation |
| BGB 772. 1 If the suretyship applies to a monetary claim , then enforcement of judgment must be attempted against the movable things of the principal debtor at his residence and , if the principal debtor has a business establishment in another locality , at the latter as well , and , in the absence of a residence and a business establishment , at his place of abode . |
| BGB 773. 1 The defence of unexhausted remedies is excluded : if the surety waives the defence , including without limitation if he has assumed suretyship as principal debtor , if pursuit of rights against the principal debtor is made appreciably more difficult due to a change of residence , of business establishment or of place of abode occurring after assumption of suretyship , if insolvency proceedings have been opened in relation to the assets of the principal debtor , if it must be assumed that enforcement of judgment against the assets of the principal debtor will not result in satisfaction of the claim of the creditor . |
| BGB 883. 2 A disposition that is made , after the registration of the priority notice , of the plot of land or of the right , is ineffective to the extent that it would defeat or adversely affect the claim . This also applies if the disposition is made by way of compulsory execution or enforcement of an attachment order or by the administrator in insolvency proceedings . |
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