rechthebbende

Rechthebbende is a term used in Dutch law to describe a person or legal entity that holds a legally enforceable right arising from a legal relationship. The rechthebbende is the party who can exercise, defend, or transfer the right and is protected by law against interference by others.

The concept applies across various domains. In property law, the eigenaar (owner) is the rechthebbende of the property. In intellectual property, the holder of a patent, copyright, or trademark is the rechthebbende of that intellectual property. In contractual or financial contexts, a creditor or a party with a revendication or entitlement is the rechthebbende of that claim or obligation. In social law, the beneficiary of a benefit program may be described as the rechthebbende of that entitlement. The term also appears in inheritance, where an heir is the rechthebbende of a share of an estate.

Characteristics and implications: the rechthebbende can be a natural person or a legal entity, including public authorities. Rights can be in rem (such as ownership or easements) or in personam (claims arising from a contract). Rights may be transferrable by contract or by operation of law, and in many cases registration or inscription is required to make the right opposable to third parties (for example in land or IP registries). The rechthebbende has the capacity to enforce the right and to seek remedies or enforcement when the right is violated.

Etymology and usage: the term derives from recht (right) and hebbe(n) (to have). It is commonly used in official texts and can be translated as “entitled person” or “beneficiary.” It can overlap with, but is not identical to, related terms such as gerechtigde or belanghebbende.