Unabtretbar

Unabtretbar is a German legal term used as an adjective to describe rights, claims, or titles that cannot be ceded, assigned, or transferred to another person. When something is unabtretbar, the holder retains its exercise and ownership, and a transfer through assignment (Abtretung) is barred or ineffective.

Origin and form: The word is formed with un- (not) and abtretbar (able to be ceded or assigned); abtretbar itself stems from abtreten, "to transfer." The prefix un- indicates the negation, emphasizing that assignment is not possible.

Usage: In civil and contract law, unabtretbar clauses indicate that the right cannot be delegated or sold. Common contexts include personal rights that depend on the specific person; licenses, permissions, or privileges granted personally; and certain contractual rights where a party has undertakings that cannot be transferred to a third party. In addition, a contract or clause may state that the contract or certain rights therein are unabtretbar.

Examples: The right to demand performance from a specifically named person may be unabtretbar; a personal service contract may include a clause deeming the claim only exercisable by the original party. The non-transferability clause prevents assignment of claims to third parties.

Relation to similar terms: "Unübertragbar" is sometimes used synonymously in everyday language, but there can be subtle distinctions; "nicht abtretbar" is another variant used in statutory texts.

See also: Abtretung, Forderung, Persönlichkeitsrechte.