Verfügungungsberechtigung

Verfügungsberechtigung, a German legal term, translates to "dispositional authority" or "authority to dispose." It refers to the legal power of a person to transfer ownership or create other legal rights over a particular asset. This authority is crucial in property law and contract law.

Generally, the owner of an asset is the Verfügungsberechtigter. They have the inherent right to sell, gift, mortgage, or otherwise encumber their property. However, Verfügungsberechtigung can also be held by someone other than the direct owner under specific legal circumstances. For example, a court-appointed administrator in insolvency proceedings or a trustee in bankruptcy possesses Verfügungsberechtigung over the assets entrusted to them, even though they are not the original owners. Similarly, a legal representative, such as a guardian for a minor or an agent acting under a power of attorney, can exercise Verfügungsberechtigung on behalf of the principal.

The concept is essential to ensure the validity of transactions. A contract involving the transfer of property is only legally binding if the person transferring the asset actually possesses Verfügungsberechtigung. If a person disposes of an asset without the necessary authority, the transaction may be voidable or void, depending on the specific legal context and the good faith of the acquirer. This principle protects the rights of rightful owners and maintains legal certainty in commerce.