veräußerlichkeit

Veräußerlichkeit refers to the property of a thing or right to be transferred or disposed of by a legal act, such as sale, gift, or assignment. The term denotes transferability and is contrasted with unveräußerlich, where transfer is restricted or prohibited. In civil law, most property and rights are veräußerlich, but there are exceptions that arise from law, the nature of the right, or contractual agreements.

Restrictions on veräußerlichkeit can result from statutory provisions, from the inherent nature of certain rights (for example, personal services or licenses that require ongoing personal involvement), or from contracts that impose transfer bans (veräußerungsverbot) in partnerships, joint ventures, or shareholdings. Even where transfer is possible, formal requirements may apply, such as notarization for real estate transfers or consent requirements for specific rights or assets.

The concept has practical significance for marketability, financing, and taxation. It affects how easily an asset can be sold or used as collateral and therefore influences liquidity and investment decisions. In tax law, the disposal of veräußerliche assets can trigger taxation of capital gains, depending on the asset and jurisdiction.

Across civil-law jurisdictions, veräußerlichkeit is a standard criterion for assessing how assets and rights can be traded or transferred. A lack of veräußerlichkeit can protect family holdings, preserve certain public or private interests, or secure stability, but may also limit liquidity and economic flexibility.