Overgingrechten

Overgingrechten are legal rights, benefits or obligations that are transferred from one party to another under specific circumstances. The term is primarily used in Dutch civil law and can refer to the transfer of rights over property, contractual obligations, or other entitlements following events such as death, sale, inheritance, or the formation of a partnership.

Legally, overgingrechten arise when the law explicitly allows the passing of a right or obligation. For instance, when a property is inherited, the heir gains the same rights and duties that the decedent had in relation to that property. The Rijksoverheid’s Civil Code (Burgerlijk Wetboek) outlines which rights are inheritable, such as ownership, mortgage rights, and certain contractual claims. In some cases, rights may be conditioned or limited by statutory clauses; for example, a lease agreement may contain a clause that its rights and obligations cannot be transferred to a third party.

Overgingrechten are distinguished from other transfer principles like assignment (vervassing) in that the transfer is automatic or regulated by a specific enactment rather than requiring a new contract between the parties involved. This concept is also relevant in corporate law where shareholders may receive rights to dividends, voting, or other obligations upon acquisition of shares. The mechanism ensures continuity of legal relationships and protects the interests of those who assumed responsibilities or entitlements.