Übereignen

Übereignen is a legal term used in German civil law to describe the transfer of ownership of a thing from one person to another. The transfer is not achieved by a contract alone; it requires two elements: an agreement (Einigung) on the change of ownership and the actual handing over or delivery of the thing (Übergabe). When these elements occur together, ownership in relation to movable possessions passes to the new owner.

For movable objects, the usual rule is the two-step process known as the Traditionsprinzip. The seller and buyer must agree that ownership will pass and the seller must deliver the item or place it at the disposal of the buyer. The moment both actions occur, the purchaser becomes the Eigentümer (owner) of the object. If possession is not transferred, ownership does not pass, even if the price is paid.

For immovable property, such as land or buildings, the transfer of ownership follows different formalities. In addition to an Auflassung (conveyance agreement), ownership typically becomes effective only with the entry of the transfer in the land register (Grundbuch). This makes the real property transfer more formal and protects the interests of third parties.

Übereignen is primarily used for movables, while other segments of the law cover transfers of claims (for example, by assignment, Zession) or special forms of transfer for securities and other assets. In everyday practice, the term is closely linked to typical sale transactions, where a seller’s obligation to deliver and the buyer’s obligation to accept delivery culminate in the transfer of ownership once the two required actions are completed.