Justice auction

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Justice auction

logo
State level Nationwide cooperation between state authorities
position Part of a higher state authority
Supervisory authority Ministry of Justice of the State of North Rhine-Westphalia
founding 2006
Headquarters Hamm
Web presence www.justiz-auktion.de

The Justice Auction is a state auction house operated by the Ministry of Justice of the State of North Rhine-Westphalia for the auctioning of movable property. The auctions are operated as online auctions .

Legal bases

The auctions are carried out in accordance with the regulations of public law, enforcement law and private law.

A legal basis for internet auctions of lost and unattachable items has existed since August 2009. The same applies to the auctioning of movable items as part of foreclosure.

Previously, the defendant had to be informed by the bailiff about the auction on the Internet. Without the consent of the respondent, the exploitation could not take place before two weeks after the notification. Due to the exceptional nature of the internet auction, little use was made of this option until the federal legal basis was created.

With the new regulation, the legislature gave the bailiff the choice of holding the public auction either on site or as a generally accessible auction on the Internet via an auction platform. In addition, the state governments were authorized to implement further details on Internet auctions in regulations. All federal states have largely uniform regulations. On the basis of these ordinances, the justice auction set up by the state of North Rhine-Westphalia in 2006 was determined to be a common platform for the states in early 2010. In 2013, Lower Saxony was the last federal state to join.

procedure

The only providers are the judicial authorities and bailiffs. Potential bidders must register free of charge. Furthermore, you have to agree to the conditions that regulate the process in connection with the state regulations.

The auction procedure hardly differs from that of private online auction platforms. The article will be activated with a starting bid. Bids can be submitted during the period of several days. The platform uses an automated bidding process so that the purchase price to be paid is determined according to the second price principle, as in a Vickrey auction . The previous highest bid must be outbid by at least one step.

The one who has submitted the highest bid at the end of the term will be awarded the contract.

Objects

Objects that have been confiscated, confiscated, attached or segregated by the judicial institutions and bailiffs of all federal states are auctioned. In 2013, sales of around € 3.5 million were achieved in around 9,000 auctions.

Objects that are likely to damage the reputation of the judiciary, in particular weapons of all kinds and pornographic and violence-glorifying writings or data carriers, will not be auctioned. Such offers can be canceled immediately by the administration of justice.

Austria

development

With the 2008 amendment to the execution regulations, the Austrian judiciary made it possible in principle to auction movable property over the Internet. However, the originally envisaged options were not used sufficiently.

Common platform

Since January 29, 2015, the Republic of Austria has functionally participated in the justice auction in Germany with its sellers (initially exclusively bailiffs) who are authorized for the Internet auction in accordance with the enforcement order . This made changes to the Justiz-Auktion.de website necessary (for example, the option was created to limit only auction offers from Austria, etc.).

The official website of the Austrian auction platform is "justiz-auktion.at", whereby this website redirects to the "justiz-auktion.de" website.

The internet auction can be carried out by the bailiff himself or the "Competence Center" attached to the Innsbruck Higher Regional Court .

See also

Individual evidence

  1. ↑ Note: In principle, rights can also be auctioned, but no use is currently being made of this, cf. Website, categories .
  2. ↑ Note: The general auction conditions and the special sales conditions have the status of legal norms in the material sense due to the special nature of the provider as an authority .
  3. ↑ Exemplary: Internet auction regulation NRW .
  4. ↑ No. 2 of the General Terms and Conditions of the Justice Auction.
  5. ↑ § 156 BGB.
  6. ↑ § 814 ff. ZPO.
  7. ↑ Law on Internet auctions in foreclosure and amending other laws of June 30, 2009 ( BGBl. I p. 2474 )
  8. ↑ § 825 ZPO.
  9. ↑ Andreas Remmert : The law on Internet auctions in foreclosure, NJW 2009, p. 2572.
  10. ↑ § 814 Paragraph 2 ZPO.
  11. ↑ § 814 Paragraph 3 ZPO.
  12. ↑ § 979 Abs. 1b S. 1 BGB.
  13. ↑ Baden-Württemberg: Ordinance of May 3, 2010, Journal of Laws of 2010, 412;
    Bavaria: Ordinance of November 25, 2009, GVBl. 2009, 619;
    Berlin: Ordinance of 14 August 2012, GVBl. 261;
    Brandenburg: Ordinance of February 8, 2011, GVBl. II No. 10 1;
    Bremen: Ordinance of April 21, 2010, Journal of Laws of 339;
    Hamburg: Ordinance of April 6, 2010, GVBl. 2010, 2540;
    Hessen: Ordinance of June 10, 2010, GVBl. I 172;
    Mecklenburg-Western Pomerania: Ordinance of October 6, 2010, GVOBl. 603;
    Lower Saxony: Ordinance of April 11, 2013, GVBl. 109;
    North Rhine-Westphalia: Ordinance of September 22, 2009, GV. 2009, 508;
    Rhineland-Palatinate: Ordinance of June 26, 2010, GVBl. 2010, 198;
    Saarland: Ordinance of January 17, 2011, ABl. I 16;
    Saxony: Ordinance of March 14, 2010, GVBl. 94;
    Saxony-Anhalt: Ordinance of February 3, 2010, GVBl. 36;
    Schleswig-Holstein: Ordinance of October 17, 2012, GVOBl. 706;
    Thuringia: Ordinance of September 22, 2010, GVBl. 323.
  14. ^ Decree of the Ministry of Justice of North Rhine-Westphalia of August 28, 2006
  15. ↑ No. 1 of the General Terms and Conditions of the Justice Auction.
  16. ↑ No. 4 lit. c p. 1 of the General Terms and Conditions of the Justice Auction.
  17. ↑ General auction conditions and special sales conditions for the judicial auction.
  18. ↑ No. 4 lit. c P. 7 of the General Terms and Conditions of the Judicial Auction.
  19. ↑ No. 4 lit. c p. 4 of the General Terms and Conditions of the Judicial Auction.
  20. ↑ § 156 S. 1 BGB.
  21. ↑ No. 4 lit. c p. 9 of the General Terms and Conditions of the Justice Auction.
  22. ↑ Information about the justice auction ( Memento of the original from July 7, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. of the Ministry of Justice of North Rhine-Westphalia  @1@ 2Template: Webachiv / IABot / www.jm.nrw.de
  23. ↑ Press release of the Ministry of Justice of January 3, 2014.
  24. ↑ No. 2 p. 2 of the General Terms and Conditions of the Justice Auction.
  25. ↑ No. 2 p. 3 of the General Terms and Conditions of the Justice Auction.
  26. ↑ Federal Law Gazette I 2008/37 (Austria)
  27. ↑ ZAK 8/2015, p. 144.
  28. ↑ The Competence Center executive body within the meaning of the Enforcement Code .

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