What are the main forms of security (zekerheidsrechten) under Dutch law?

Dutch term: Zekerheidsrechten | Legal basis: Book 3 BW

Dutch law provides several forms of security (zekerheidsrechten) that creditors can use to protect their position: mortgage (hypotheek) on real property, pledge (pandrecht) on movable assets and receivables, retention of title (eigendomsvoorbehoud), personal guarantees (borgtocht), parent company guarantees, and bank guarantees.

Each security right has its own creation requirements, perfection rules and ranking in insolvency. Mortgage requires a notarial deed and registration. Pledge requires a deed and, for disclosed pledges, notification to the debtor. Retention of title requires clear contractual language. The ranking of security rights in insolvency is determined by statutory priority rules that cannot be altered by contract.

Why it matters for international businesses

For international supply chain relationships, combining retention of title with contractual indemnities and, where appropriate, bank or parent company guarantees provides a layered credit protection framework.