Animus
Intent
Animus is the legal term for the intention or mental element underlying a juridical act or fact.
Animus refers to a person’s inner will or intention in performing an act. In Dutch law, the term constitutes the subjective element assessed alongside objective facts.
The term is used principally in criminal law, where animus denotes intent, and in property law, where animus possidendi concerns the intention to possess. Without the requisite animus, an act may be legally invalid or not punishable.
In practice, the court examines the circumstances to determine whether animus was present, which is often decisive for the outcome of a case.
“The court held that the defendant had acted with animus, thereby finding intent to have been established.”
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