Beschikkende

Beschikkende is a term used in Dutch civil law to refer to a person who has the power to dispose of a right or asset. The verb beschikken means to dispose, decide, or transfer rights, and the adjective beschikkende denotes the one who exercises that disposal power. In legal context, the key concept is beschikkingsbevoegdheid, the authority to perform legally effective dispositions over property or rights.

The beschikkende can be the owner or a person who has been given disposal authority by law, contract, or fiduciary duty. This authority may be full or limited, and it can arise from ownership, a power of attorney, a management role, or a trustee relationship. Dispositions carried out by the beschikkende include transferring ownership, creating or canceling encumbrances such as mortgages or pledges, or extinguishing rights. The validity and enforceability of these dispositions depend on the scope of the beschikkingsbevoegdheid; acting beyond the authorized power can render the disposition invalid or challengeable, though third parties may acquire rights in good faith in certain circumstances.

In practice, identifying who is the beschikkende in a transaction helps determine who can legally bind the asset and who bears the risk of improper disposals. The concept is often contrasted with holders of an asset who do not possess disposal power, and with agents or representatives acting on behalf of the beschikkende under a mandate. Related terms include beschikkingsbevoegdheid, vertegenwoordiging (representation), and rechtshandelingen (legal acts).