Verfügung

Verfügung is a German legal term with two principal senses. In civil or private law, it refers to a dispositive act that directly changes the rights or legal status of a person or thing. In administrative or public law, it denotes a unilateral act or order issued by an authority that applies to individuals or the public.

In civil law, a Verfügungsgeschäft is a disposal transaction that affects rights and titles, such as the transfer of ownership, encumbrancing of property, or release from a burden. This is typically contrasted with obligation-based contracts (Verpflichtungsgeschäft) that create duties but do not immediately alter ownership or other rights. A common pattern in German property law is a two-step process: an obligation to transfer rights is created by a contract, followed by a dispositive act that actually changes the legal position (for example, the Übereignung of a movable item). The term can also cover other direct dispositions of rights, including certain limitations or revocations.

In administrative law, a Verfügung (often part of the Verwaltungsakt concept) is a formal, unilateral decision by a public authority that binds one or more persons. Such orders can grant, deny, or regulate rights, impose obligations, or restrict conduct. They are subject to legal requirements and are typically challengeable through administrative appeals or judicial review.

Etymology and usage: Verfügung comes from the German verb verfügen, meaning to ordain, arrange, or dispose. The term is widely used across German-speaking jurisdictions to describe both private-law dispositions and official administrative orders. Related concepts include Verfügungsgeschäft, Verpflichtungsgeschäft, and Verwaltungsakt.