Gebrauchsüberlassung

Gebrauchsüberlassung, often translated as "granting of use" or "loan for use," is a legal concept in German law. It refers to the act of allowing another person to use a specific item without transferring ownership. This is distinct from a sale or a lease agreement. The defining characteristic is that the user gains possession and the right to utilize the item, but the ownership remains with the original holder.

This arrangement is typically informal and can occur with various types of movable property, such as tools, vehicles, or personal belongings. The agreement is usually based on trust and mutual understanding. While no formal contract is always required, it is advisable to clarify the terms of use, duration, and any responsibilities for maintenance or damages to avoid potential disputes.

Unlike a lease (Miete), where payment is usually made for the use of the item, Gebrauchsüberlassung often implies a gratuitous arrangement, meaning it is provided without direct compensation. However, it is possible to agree on a symbolic fee or to cover specific costs. The key is that the primary purpose is to grant use, not to generate revenue through rental. The lender retains ownership and can typically reclaim the item at the end of the agreed-upon period or when the need for it ceases.