Rechtsgebruik

Rechtsgebruik is a doctrine in Dutch civil law that governs how the rights of individuals and legal entities may be exercised. It refers to the proper, reasonable, and proportional use of a right in accordance with its purpose and with regard to the rights of others.

Key features of rechtsgebruik include good faith, reasonableness, and proportionality. The exercise of a right should not be capricious, excessive, or exploited as a loophole to harm another party or to frustrate the purpose of the right. Courts interpret and apply the concept to determine whether the right is being used as intended by the legal framework or whether it veers into abuse.

Rechtsgebruik is closely related to, but distinct from, rechtsmisbruik (abuse of rights). Rechtsmisbruik occurs when someone exercises a right primarily to harm another or to achieve an ulterior goal not consonant with the right’s purpose. In such cases, courts may limit or refuse the enforcement of the right, provide remedies, or impose damages to restore balance between the parties.

The doctrine is applied across areas of civil law, including contract, property, and tort law, reflecting a general obligation to use rights in a socially responsible and fair manner. It serves as a legal check against exploitative or vindictive use of formal rights and guides judicial assessment of what constitutes reasonable conduct in particular disputes.