Unavailable is a concept that refers to something (be it a good, capital , a right or money), which cannot be used freely by a person or company, unless certain circumstances are met.
The concept of unavailable contrasts with the essence of property rights. These rights establish that owners can do what they deem appropriate with their assets, rights or money. They can enjoy, dispose and claim them. The above indicates that they could eventually sell them, transfer them, give them away or simply discard them.
What is unavailable instead is a restriction of property rights. Nothing can be available unless certain requirements or circumstances are met.
What does the concept of unavailable apply to?
The concept of unavailability applies to several areas. For example, in the area of banking, a balance or part of a balance in a checking account may be unavailable due to a judicial decision. In this way, the owner is prevented from freely using his money unless certain conditions are met (the payment of the debt pursued, the debt is forgiven , a positive response is given to an appeal against the judicial decision, etc. ).
In some cases, it is mandatory to have a reserve of unavailable. For example. In the commercial area, a company may be obliged to create a reserve of unavailable when making a capital reduction in charge of its profits, reserves or amortization of its own shares .
In the tax area in both. We have that the supervisory authority can declare an amount of money from an unavailable taxpayer as long as it does not respond to its tax obligations.
When the unavailability ends
The unavailability condition is terminated when certain requirements or circumstances are met. Once this happens, the owner can freely decide the destination he will give to what is his property.