Das Pfandrecht an Unternehmenszubehör in der Insolvenz

Abstract

A mortgage typically extends to the movable accessories of a company operating on the mortgaged property. Hence the incorporation of the mortgage into the land register constitutes an adequate mode to establish a lien on the accessories of the company. If the company is later shut down, the lien on the accessories must lapse as a result. After all, there is no longer any company to which the accessories could refer. However, it remains unclear whether the same legal consequence applies if the company is shut down by the insolvency administrator (liquidator) during insolvency proceedings.