Akzessorisch

Akzessorisch is a term used in civil law to describe a right, obligation, or security that exists only in relation to a primary claim or obligation. The content and duration of an akzessorische right are determined by the underlying Hauptschuld (main debt or obligation); if the main debt ceases to exist or is invalid, the akzessorische right generally ceases to exist or loses its enforceability. In this sense, akzessorische rights are subordinate to the primary obligation and cannot be effectively asserted independently.

Etymology and usage: The word derives from the idea of an accessory or dependent element. In legal practice, it characterizes dependencies in which the existence and scope of one right are conditioned by another.

Examples and contexts: The concept is frequently applied to guarantees and security rights that secure another obligation. A Bürgschaft (surety) binds the guarantor to satisfy the debtor’s obligation only because there is a primary debt. A Pfandrecht (pledge) secures a claim and generally disappears if the secured claim is extinguished. In property law, Hypothek (mortgage) is typically akzessorisch to the underlying loan, whereas Grundschuld is often treated as an abstrakt (independent) security that can secure future loans without a currently existing debt.

Relation to other rights: Akzessorisch rights are contrasted with eigenständige or primäre rights, which can exist independently of any other obligation. The concept helps explain how certain assurances and collateral arrangements operate within the framework of a primary obligation, and why their validity is tied to the continued existence of that obligation.