Intuitu personae
In consideration of the person
Intuitu personae means that a contract or juridical act has been entered into in consideration of the personal qualities or attributes of the counterparty.
Intuitu personae is a Latin term used in Dutch law to denote that an agreement or obligation has been concluded by reason of the specific identity of the counterparty and that party’s personal qualities. This stands in contrast to patrimonial legal relationships, in which the identity of the party is irrelevant and substitution may be effected without objection.
The term is of particular relevance in company law, employment law and mandates. In practice, intuitu personae frequently renders the agreement non-assignable, and the personal relationship may constitute grounds for termination or dissolution in the event of changed circumstances.
“The partnership agreement was entered into intuitu personae, such that the personal qualities of the partners were determinative for the collaboration.”
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