Derogeren
To derogate
To derogate means to depart from a general rule of law by means of a special provision.
Derogation refers, in Dutch law, to the situation in which a specific legal rule takes precedence over a general rule. This occurs, for example, when a special statute makes an exception to a broader statutory provision, thereby displacing the general regulation with the special one.
The principle is relevant because it permits tailored solutions within the legal system without requiring the general legislation to be fully amended. In practice, derogation is frequently applied in sector-specific legislation, such as fiscal exemptions or specific contractual arrangements that deviate from the general law of obligations.
“The special regime derogates from the general provision of the Civil Code.”
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