Afhankelijk recht

Accessory right

An accessory right is a right that derives its existence from another, principal right and cannot exist or be transferred without that principal right.

An accessory right, also known as a dependent right, is a legal right that is closely connected to another right, such as a claim arising from a contract. It cannot be created, transferred or exercised independently and automatically extinguishes when the principal right ceases to exist.

This concept is of particular relevance in the law of obligations and property law, especially in the context of security rights such as mortgages, pledges and suretyship. The accessory nature ensures that the right follows the claim and prevents it from being invoked independently of the principal obligation.

In practice, this means that, upon transfer of a claim, the accessory rights pass by operation of law, which is relevant in the context of assignment, enforcement and collection proceedings.

“The mortgage established by the bank is an accessory right that lapses as soon as the loan has been repaid in full.”

Need legal advice?

Schedule a free consultation with one of our specialists