Ausübender

Ausübender is a German noun used in legal and administrative language to denote the person or entity that exercises a right, power, function, or activity that is granted, regulated, or entrusted by law, contract, or regulation. The focus is on the actor performing the action rather than the subject of the action.

Etymology and scope: The term is derived from ausüben (to exercise) and the agentive suffix -der. It is used in phrases such as Ausübender des Rechts, Ausübender einer Tätigkeit, or Ausübender einer vertraglichen Pflicht. The gender-neutral form Ausübende exists for feminine contexts, but Ausübender is commonly used as a generic term.

Contexts of use: In civil and administrative law, it identifies the party who exercises a right or powers conferred by law. In contract and licensing contexts, the Ausübender is the party authorized to perform the activity or to invoke a right under the agreement. In professional or regulated professions, it can denote the practitioner who is entitled to perform the service.

Relation to other terms: Ausübender emphasizes the action by the actor; it should not be confused with Inhaber (holder) or Berechtigter (entitled person) whose senses may overlap but are not identical. The exact meaning depends on the statutory or contractual definition in a given context.

See also: Ausübung; Recht ausüben; Vertrag; Lizenz.