Declaratoir vonnis

A declaratory judgment, also referred to as a declaratory ruling, is a form of judicial decision by which a court determines the rights, obligations or legal position of the parties to a dispute. It is distinguished from a coercive judgment in that it does not give rise to any order to act, refrain from acting or make payment.

This type of judgment is relevant where the parties require legal certainty as to their position, for instance in relation to the interpretation of a contract, the determination of property rights or the assessment of liability, without the need for immediate enforcement. It eliminates uncertainty and may serve as a foundation for subsequent proceedings.

In practice, a declaratory judgment is frequently sought in civil proceedings where the parties seek a binding declaration in order to prevent future disputes or to reinforce their position in negotiations.