Pandhouder

Pledgee

A pledgee is the creditor who holds a right of pledge over movable assets or receivables of the debtor as security for the performance of a claim.

In Dutch civil law, the pledgee is the party that has acquired a limited right of pledge over assets belonging to the pledgor. This right confers on the pledgee the authority to obtain priority recourse against the pledged assets in the event of default.

The right of pledge is governed by Book 3 of the Dutch Civil Code and is commonly used in financing transactions, enabling banks and other lenders to obtain security. In principle, the pledgee may not sell the pledged assets without the grant of consent or an enforceable title.

In practice, the position of pledgee arises primarily in the context of secured lending, insolvency proceedings and enforcement actions, where the pledgee frequently enjoys a strong position relative to other creditors.

“The bank, as pledgee of the inventory, is entitled to sell the pledged assets upon the occurrence of an event of default.”

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