Rechtsveräußerung

Rechtsveräußerung, meaning the transfer of rights, is a fundamental concept in German civil law. It refers to the act of legally disposing of or transferring a right from one person or entity to another. This can encompass a wide range of rights, including property rights, contractual rights, intellectual property rights, and claims. The specific requirements and legal consequences of a Rechtsveräußerung depend heavily on the nature of the right being transferred.

For tangible property, such as real estate or movable goods, the transfer of ownership typically requires a specific agreement between the parties and, in many cases, further acts like registration or physical delivery. For example, a sale of land requires a notarized contract, and the transfer of ownership is completed by entry in the land register. In the case of movable property, transfer of possession is often sufficient.

Contractual rights, like a claim for payment, can also be transferred. This is usually done through an assignment, where the original creditor (assignor) transfers their claim to a new creditor (assignee). The debtor must be informed of the assignment to ensure they pay the correct party. Intellectual property rights, such as patents or copyrights, are also subject to Rechtsveräußerung through licenses or outright sales, governed by specific intellectual property laws. The underlying principle is that a right, once validly held, can generally be passed on to another party, subject to legal regulations.