Verfügende

Verfügende refers to a legal concept in German civil law that pertains to the authority or power to make binding decisions on behalf of another person or entity, particularly in matters related to property, contracts, or personal affairs. The term is closely associated with the idea of legal capacity (*Rechtsfähigkeit*) and is often used in contexts where an individual lacks full legal competence, such as minors, individuals under guardianship, or those suffering from cognitive impairments.

In German law, the concept of *Verfügende* is rooted in the Civil Code (*Bürgerliches Gesetzbuch, BGB*), which outlines the conditions under which a person may act legally for another. For example, a parent or legal guardian (*Gesetzlicher Vertreter*) may act as the *Verfügende* for a minor, entering into contracts or managing assets on their behalf. Similarly, a court-appointed guardian (*Vormund*) may assume this role for individuals deemed incapable of managing their own affairs.

The authority of the *Verfügende* is not absolute and is subject to legal limitations. Decisions must align with the best interests of the represented person and cannot exceed the scope of their appointed authority. For instance, a guardian cannot sell a ward’s primary residence without proper judicial approval. The law distinguishes between different forms of representation, including voluntary guardianship (*Betreuung*) and mandatory legal representation (*gesetzliche Vertretung*), each governed by specific regulations.

The concept also extends to corporate entities, where authorized officers or directors (*organisatorische Vertreter*) may act as *Verfügende* on behalf of a company in legal transactions. In such cases, the scope of their authority is typically defined by the company’s articles of association or internal governance structures. Misuse of this authority can lead to legal consequences, including liability for damages or criminal charges in cases of fraud or negligence.