Transfergegenstand

Transfergegenstand is a legal term that denotes the object or asset that is the subject of a transfer in a contract or legal act. It identifies what is being moved from one party to another and can be tangible or intangible. The concept focuses on the item or right that passes, rather than on the obligations or the transferor’s actions.

In civil law, the transfergegenstand is defined by the agreement and determines the scope of the transfer. The mechanism of transfer depends on the type of asset: for movable property, ownership or possession changes typically through a disposition and, where applicable, delivery; for immovable property, the transfer generally requires a notarial act and, after that, may involve entry in the land register. In security arrangements, the transfergegenstand can be transferred as collateral, as in a Sicherungsübereignung, where ownership passes to the creditor while the debtor may retain use or possession.

Transfergegenstände can be diverse: movable items such as a car or machinery; immovable property such as land or buildings; claims or receivables; and intangible assets like licenses, patents, or software rights. Corporate contexts may also involve the transfer of shares or other rights as the transfergegenstand.

Properly defining the transfergegenstand is essential in contract drafting because it clarifies scope, valuation, risk allocation, and potential remedies. Ambiguities about what exactly is being transferred can lead to disputes over enforceability, quality, or existence of the object at issue. The term is used across commercial and civil law to anchor the legal effects of a transfer to a concrete object or right.