Eigenrichting

Self-help

Self-help is the enforcement of a right by one's own hand without legal authority, or the taking of measures to uphold an alleged right.

Self-help refers to conduct whereby a person enforces their own rights without following the prescribed legal procedures. Such conduct is in principle prohibited under the Dutch legal system, as it undermines the legal order and may lead to the escalation of conflicts.

It is relevant because self-help is frequently punishable, for example as coercion, threat or criminal damage. In civil matters, it may give rise to liability in damages.

In practice, self-help arises in situations such as a landlord effecting eviction without judicial process or the blocking of property without court intervention.

“The defendant was convicted of taking the law into his own hands after he had evicted the leased premises without a court order.”

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