Eigendom

Ownership

Ownership is the most comprehensive proprietary right in a thing, by which the owner may use, manage and alienate it to the exclusion of others.

In Dutch law, ownership constitutes the central concept within the law of property. It is defined as the right to use a thing and to dispose of it to the exclusion of others, as provided for in Article 5:1 of the Civil Code.

This right is relevant because it forms the basis for many legal transactions, such as purchase, sale, succession and the creation of limited rights. It determines who is authorised to perform acts in relation to a thing and provides protection against infringements by third parties.

In practice, ownership plays a role in the transfer of immovable property, where notarial deeds and registration in the public registers are required to effect the transfer of ownership.

“Upon payment and execution of the notarial deed, the purchaser acquired ownership of the dwelling house.”

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