Absoluut recht
Absolute right
An absolute right is a right that may be asserted and enforced against all persons, such as ownership rights.
An absolute right, also known as a real right, is a subjective right that confers on its holder the power to enforce the right against any person whatsoever. This type of right grants exclusive control over a thing and differs fundamentally from relative rights, which are enforceable only against a specific person.
Absolute rights play a significant role in Dutch property law, as they enjoy priority in the event of conflict and afford protection against third parties. They arise, inter alia, by way of transfer, creation or prescription and are essential to legal certainty in commercial dealings.
In practice, an absolute right is frequently invoked in ownership disputes, enabling the holder, for example, to bring a prohibitory or eviction action against unauthorised persons.
“The owner invoked his absolute right to deny third parties access to the parcel.”
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