Power of disposal
The power of disposal (available power) is the legal power, on a subject orders to meet.
As a rule, the right of disposal belongs to the owner of the full right (see ownership ). He is called the person entitled or authorized person. The power of disposal can be transferred to another person by authorization ( consent , Section 185 (1) BGB ).
If someone makes a disposition over an object without power of disposal, this is fundamentally ineffective. There are exceptions to this principle: For example, the effectiveness of the disposal can result in the absence of power of disposal according to the principles of good faith acquisition from the unauthorized person in accordance with Section 932 ff. BGB. The same applies to good faith in the person wrongly entered in the land register as the owner ( § 892 BGB). A disposition made by a non-heir identified by a false certificate of inheritance (so-called false inheritance) is also effective ( § 2366 BGB). Finally, according to Section 185 (2) of the German Civil Code (BGB) , the ruling can become effective with the approval of the person entitled.
The power of disposal can also be partially or fully transferred to another person by statutory provisions, e.g. B. in the case of bankruptcy .
