Kwalitatief recht

A qualitative right does not accrue to a person as such, but to that person in a specific legal relationship or capacity. The right is thus linked to a position, such as that of a usufructuary, pledgee or lessor, and passes with the transfer of that position.

This distinction is relevant because it guarantees the transferability and continuity of rights upon changes in capacity, for example upon the sale of a dwelling or the transfer of a leasehold interest. Personal rights, by contrast, remain strictly tied to the individual person.

In practice, qualitative rights play a role in the exercise of proprietary rights and claims connected with a particular capacity, such as the right of a mortgagee to proceed with enforcement.