Zaaksvervanging
Real subrogation
Real subrogation is the legal consequence whereby a new asset takes the place of an original asset, with automatic transfer of the rights attaching to it.
Real subrogation is a legal mechanism in Dutch property law under which one asset is replaced by another, with the legal rights and obligations attaching to the original asset automatically transferring to the substitute. This occurs, for example, where insurance proceeds are paid following loss of or damage to an asset.
The mechanism ensures that security interests, such as pledges or mortgages, are not extinguished by the substitution. Real subrogation is governed by Article 3:229 of the Dutch Civil Code and preserves the continuity of such rights.
In practice, it is commonly invoked in insurance claims and enforcement sales, thereby protecting the position of the holder or creditor.
“By virtue of subrogation, the pledge attached to the insurance proceeds received by the owner following the theft of the machine.”
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