Dependent right

Dependent rights are rights in rem that follow the law to which they are attached. This means that the right cannot exist independently (unlike, for example, ownership, right of superficies or usufruct), but they are dependent on another right – usually a right of claim. This also means that the right cannot be transferred without that principal right, and it is nullified when the principal right is nullified.

Collateral security (pledge and mortgage A mortgage is a limited right given by a debtor on an asset intended as a security for the creditor that performances are fulfilled.
» Meer over mortgage
) are dependent (recourse) rights: they exist only as long as the assignment of a debt by way of security for which the right is created exists. If the mortgage debt secured by a mortgage on a house is fully repaid, the right to collateral security no longer exists. A mortgagee (or a pledgee A pledgee (or pledge giver) is a creditor who has been given a right of pledge by a debtor (the pledgor) as a security for the debt of the pledgor. 
» Meer over pledgee
) cannot therefore transfer his right of recourse without the underlying claim been transferred.


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