Gesamtabtragung

Gesamtabtragung is a legal concept in German civil law that refers to the transfer of all rights and obligations from one party to another. This type of transfer is often used in the context of inheritance, where the deceased's estate is transferred to the heir. The term "Gesamtabtragung" is derived from the German words "Gesamt" meaning "whole" and "Abtragung" meaning "transfer."

In a Gesamtabtragung, the heir receives all the rights and obligations of the deceased, including debts and liabilities. This means that the heir is responsible for paying any outstanding debts of the deceased. The heir also inherits any assets, such as real estate, vehicles, and bank accounts. The heir is also responsible for any future debts that may arise from the deceased's assets.

Gesamtabtragung is different from a partial transfer of rights and obligations, which is known as "Teilabtragung." In a Teilabtragung, only a portion of the deceased's rights and obligations are transferred to the heir. This can be useful in situations where the heir does not want to take on all of the deceased's debts and liabilities.

Gesamtabtragung is governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB) and is subject to the principles of inheritance law. The heir has the right to refuse the inheritance if they do not want to take on the deceased's debts and liabilities. In such cases, the heir can choose to accept only the assets of the deceased, without taking on any liabilities.