Eis in reconventie
Counterclaim
A counterclaim is a claim brought by the defendant against the plaintiff in the same proceedings.
In Dutch civil procedure law, a claim in reconvention constitutes the defendant’s counterclaim, by which the defendant institutes an independent claim before the court. This claim is adjudicated in the same proceedings as the original claim in convention, which promotes procedural economy.
The claim in reconvention must bear a sufficient connection with the principal action to be admissible. The court may assess both claims jointly and render a single judgment, thereby avoiding the need for separate proceedings.
In practice, a claim in reconvention is frequently used to seek damages, rescission or set-off where the defendant considers that the claimant has also failed to perform its obligations.
“The defendant brought a counterclaim to recover from the plaintiff the damages suffered by him.”
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