Verfügungsvertrag

Verfügungsvertrag is a term used in German civil law to describe a contract that directly affects a legal right, such as transferring ownership of property or waiving a claim. Unlike an obligation contract (Verpflichtungsvertrag), which creates obligations between parties, a Verfügungsvertrag immediately alters the legal status of a right.

For example, when purchasing a house in Germany, the transfer of ownership typically involves two contracts. First, a Verpflichtungsvertrag, such as the purchase agreement, obligates the seller to transfer the property and the buyer to pay the purchase price. Second, a Verfügungsvertrag, often the deed of transfer, then directly transfers the legal ownership of the property from the seller to the buyer. This second contract is essential for the actual change in ownership to take legal effect.

Similarly, a Verfügungsvertrag can be used to assign a claim to another person or to waive a debt. The key characteristic is the immediate disposition of a right. The legal validity of a Verfügungsvertrag often depends on specific formal requirements, such as notarization for real estate transactions, to ensure legal certainty. Understanding the distinction between obligation and disposition contracts is crucial in German contract law.