Verfügungsakte

A Verfügungsakte, in German legal terminology, refers to a legal act that directly affects a right or legal position. It is a declaration of will that changes, creates, or terminates a legal relationship. Unlike a Schuldverhältnis (obligation) which creates a duty to perform, a Verfügungsakte has a direct impact on the existence or content of a legal right.

Examples of Verfügungsakte include the transfer of ownership in a sale, the granting of a mortgage, or the renunciation of a claim. The key characteristic is that the act itself brings about the legal consequence without requiring a further act of performance by another party. This distinguishes it from promissory or contractual obligations, which typically require a subsequent act of fulfillment to achieve the desired legal outcome.

The validity of a Verfügungsakte depends on the legal capacity of the acting person and the presence of all legally required elements. For instance, the transfer of ownership of real property requires not only a contractual agreement (a purchase contract, which is a Schuldverhältnis) but also a specific disposition act, the registration in the land register (Grundbuch), to be legally effective. Similarly, the transfer of ownership of movable property requires delivery or a similar act of control. A Verfügungsakte must be distinguished from the underlying transaction or contract that may have led to it.