Verfügungsberechtigten

A Verfügungsberechtigter is a legal term in German law that translates to "authorized person" or "person with the power of disposal." This designation refers to an individual who has the legal right to dispose of or encumber a particular asset or property. This power can arise from various legal relationships, such as ownership, power of attorney, or a court order.

The concept is crucial in property law and contract law. For instance, a property owner is typically the Verfügungsberechtigter for their own real estate. However, if the owner grants a power of attorney to someone else, that representative can become a Verfügungsberechtigter for specific actions related to the property, within the scope of the granted authority. Similarly, a trustee in bankruptcy or an executor of an estate holds the Verfügungsberechtigung for the assets under their administration.

A key aspect of the Verfügungsberechtigter is that their authority is usually limited to specific types of actions or assets. For example, a person might be authorized to sell a car but not to mortgage it. Transactions made by a Verfügungsberechtigter are legally binding on the asset or property, provided they act within their granted powers. Without the status of a Verfügungsberechtigter, an individual cannot legally transfer ownership or create encumbrances on another's property, and any such attempt would generally be invalid.