Presentation for the Oldenburg Higher Regional Court

Skauradszun, LL.M., was invited by the Oldenburg Higher Regional Court to speak to bailiffs in Lower Saxony and presented the publications on crypto assets in foreclosure that were produced in Fulda.

In the course of a series of legal acts at Union and German level, the research results on crypto assets in foreclosure produced in Fulda had to be further developed and updated in recent months. While the first Fulda publications focussed primarily on the seizure level, more and more problems have recently become known at the realisation level. The line developed in Fulda, according to which crypto assets within the meaning of MiCAR can be seized as other property rights under Section 857 ZPO, has now become widely accepted in Germany. However, there has been little research into how bailiffs - probably on the basis of section 857(5) ZPO - may realise seized crypto assets that are either held by debtors themselves or by providers of crypto asset services within the meaning of MiCAR. Prof Skauradszun presented a model order for the Oldenburg Higher Regional Court, which the judicial officers can issue in accordance with section 857 (5) ZPO and with which they instruct the judicial officers to realise the crypto assets in accordance with certain specifications.

Prof Skauradszun's team was assisted by academic employee Selina Schweizer, LL.B., LL.M., who co-authored some of the publications.