Beschikkingsbevoegd

Having the power of disposition

The legal authority to dispose of an asset or right, for example by transfer or encumbrance.

Power of disposition is the authority of a person to alienate, encumber or otherwise transfer an asset or right. This authority constitutes an essential requirement for a valid transfer of ownership, as provided in Article 3:84 of the Dutch Civil Code.

In the absence of power of disposition, a transfer is void, notwithstanding the existence of a valid title and delivery. This rule safeguards third parties and prevents assets from being transferred by persons lacking the requisite entitlement.

In practice, the concept commonly arises in transactions where the seller is not the owner, such as those involving pledgees or in bankruptcy, where the trustee exercises the power of disposition.

“Because the seller lacked the power of disposition over the immovable property, ownership could not be validly transferred.”

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