Transfer fee
The transfer fee , in tenancy law also distance , is an amount of money that is paid as compensation in a legal transaction .
Basics
The word purchase price for this matter is incorrect because no purchase takes place as a legal transaction. In particular, the transfer payment often does not take place between the contractual partners of the actual business.
Advance payment and redemption in tenancy law
When renting , in particular an apartment, a one-off payment required by the previous tenant or owner is referred to as a distance , transfer fee or down payment in Germany . According to the Austrian Tenancy Law, there is a general ban on replacement. An investment redemption is therefore only permitted under certain conditions. A replacement agreement between the new tenant and the previous tenant can also relate to furnishings, fixed furniture or the like to be taken over.
The term is used less often when buying a property . In Germany, the replacement of furnishings is an issue that is critically examined by the authorities because it often tries to pay less real estate transfer tax.
Detachment in sports
In various sports (e.g. football ), the transfer fee is the amount of money that is paid by the new to the old club for the change of club - the transfer - of a player. This approach has been supported by the sports associations for many years. If the payment of a transfer fee does not serve to "buy out" a player prematurely from an ongoing contract with his consent, this constitutes an obstacle to the free choice of job and thus violates EU law . Following a lawsuit by football player Jean-Marc Bosman , this practice had to be abandoned for changing clubs after the contract expired within the EU ( Bosman decision ) .
The release system fell by a decision of the International Sports Court CAS of 1 February 2008 mess: In the case of Scottish footballer Andy Webster , who in 2006 despite an existing contract from the Scottish football club Heart of Midlothian to the English Premier League team Wigan Athletic was changed, was decided that professional footballers can leave their club abroad after two to three years (in accordance with Article 17 paragraph 1 of the FIFA Transfer Regulations). The receiving club does not have to reimburse the transferring club for the higher market value of the player, but only for the outstanding salary payments. FIFA expects that this will reduce the transfer fees and increase player salaries even faster.
The highest total for a football player to date was achieved in 2017 with the transfer of Neymar da Silva Santos Júnior from FC Barcelona to Paris Saint-Germain ; around 222 million euros were paid for the transfer. He replaced Paul Pogba with his move from Juventus Turin to Manchester United for a transfer fee of 105 million euros as the previous record holder for the highest transfer fee.
Loan repayment
In the lending business, which is the transfer fee of the amount in the credit repayment will be paid to the former bank has to ensure that the loan is paid in full.
Detachment in the context of marriage and prostitution
The bride money can also be seen as a transfer fee, historically in Europe but still widespread worldwide. The groom's family rewards the bride's family for raising the daughter or the labor lost for that person, or the bride's family rewards the groom's family for the maintenance and social status of the daughter, both forms are common - real bride purchases in which a change of ownership (to the bride ) were not very common even in historical times. Payments by the highest bidder in the event of forced marriage are not permitted here.
Other forms are the morning gift , the replacement of the virginity from the groom to the bride, or the historical street money , the replacement of a non-local groom to the local bachelors for the lost opportunity.
Releases are also widespread in the orbit of prostitution , for example as a stake out for taking over or leaving a prostitute between pimps or by the prostitute to make her pimp for the exit - this payment falls under human trafficking and is a criminal offense; or as a bar fine from the prostitute to the locality in which she makes contacts - common in East Asia and allowed or at least tolerated there.
Property and inheritance law
Transfer payments were also widespread in historical agriculture, where the young farmer pays the old farmer a discount, the discharge / Ausgedinge , as well as the farmer's sole heir ( mostly first-born) in the event of his waiver, the inheritance (deviation money, asterism money) .
Further use
The term transfer fee is also used in other contexts:
- When taking an animal from an animal shelter
- As part of the cost sharing of construction along transport routes for the future maintenance and renewal according regulation for the calculation of replacement amounts under the railroad crossing Act , the federal highway law and the Federal law waterway (ABBV)
Individual evidence
- ↑ See for example:
- ↑ Record transfer for Pogba. In: zeit.de , September 9, 2016
- ↑ Football transfer ticker: Barça lets Neymar move for 222 million euros . In: Frankfurter Allgemeine Zeitung . August 2, 2017, ISSN 0174-4909 ( faz.net [accessed August 2, 2017]).
- ^ Entry bridal money. In: Gerhard Merk: Finanzlexikon. ( PDF; 7.6 MB ) (as of May 21, 2008)
- ↑ Entry transfer fee. In: Merk: Finanzlexikon
- ↑ https://www.gesetze-im-internet.de/abbv/
