entgeltlich

Entgeltlich is a German legal term used to describe a transaction or legal act that involves compensation. It denotes that a benefit or service is provided in return for payment or other consideration. The opposite term is unentgeltlich, meaning free of charge or without consideration.

In civil law, entgeltlich is a standard classification used to distinguish obligations and contracts based on the presence of remuneration. Typical entgeltliche contracts include Kaufverträge (sales), Mietverträge (leases), and Dienst- or Werkverträge (service or work contracts), where one or both parties receive payment or another form of consideration. Even the transfer of use or access to a resource can be entgeltlich if a fee is agreed.

By contrast, unentgeltlich agreements involve gratuitous transfers or services, such as Schenkungen (donations) or gratuitous loans in many contexts, where no consideration is exchanged. The designation entgeltlich is important for the interpretation of rights, duties, risk allocation, and, in some cases, tax or regulatory treatment. While most everyday commercial contracts are entgeltlich, both classifications can coexist within a broader contractual framework, depending on the specific arrangements and whether any Gegenleistung (counter-performance) is provided.

Etymology: entgeltlich derives from Entgelt (remuneration, consideration) with the suffix -lich, forming an adjective meaning "for remuneration." In legal texts, it is used to describe the nature of the obligation or contract rather than its form alone. See also unentgeltlich and Gegenleistung.