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Transferability is the (technical) possibility or the legal authorization to transfer objects or properties from one legal entity or legal object to another.


Transferability affects a large number of subject areas . Legal subjects can be natural or legal persons between whom legal objects or properties are to be transferred. The subject (legal object) is understood in law as a generic term for things , claims , intellectual property rights and property rights , but not for personal and family rights .

areas of expertise

The subject areas concerned with transferability include in particular:


The transferability of legal objects ensures their fungibility or mobility, so that they do not have to remain with their legal owner permanently . In this way their will marketability ensured. Not only individual items, but also items ( vehicle fleet ) or assets ( company purchase , inheritance ) are transferable under certain conditions. By transferability that can management not function, so that in transactions such as the purchase contract is a price ( market price , gold price , silver price , market price , metal value , intrinsic value , collectors value can) form.

See also

Individual evidence

  1. Otto Palandt / Jürgen Ellenberger , BGB Commentary , 73rd edition, 2014, preliminary note § 90, Rn. 2
  2. BGH NJW 1977, 199 , 200
  3. Christian Hattenhauer, One-sided private legal design , 2011, p. 403
  4. RG 148, 147
  5. BGH, judgment of November 16, 2017, Az .: IX ZR 21/17
  6. Kerstin Zähle / Holger Truckenbrodt, The municipal budget in preparation, execution and conclusion , 2017, p. 142 ff.
  7. Anja Kribernegg, Software-Test It Profession @ lly , 2013, p. 75