Besitzübertragung

Besitzübertragung refers to the legal act of transferring possession of an item from one person to another. In German law, possession is a factual relationship where a person has direct control over an object. The transfer of this factual control is the core of Besitzübertragung. This can occur through various means, depending on the nature of the item and the agreement between the parties.

For movable objects, possession is typically transferred by physically handing over the item. This is known as the "Übergabe" and signifies that the previous possessor relinquishes control and the new possessor assumes it. If direct physical handover is not practical, such as with large items or when the item is already in the possession of a third party, the law provides alternative methods. These include symbolic acts that represent the transfer of possession, like handing over keys to a vehicle or a warehouse.

In the case of immovable property, such as land or buildings, the transfer of possession is more complex and usually involves registration in the land register (Grundbuch). While the physical occupation of the property is a form of possession, the legal transfer of ownership and the associated rights, which include possession, are formally established through this registration process. The intent of the parties to transfer possession, combined with the legally recognized act of transfer, is crucial for a valid Besitzübertragung.