Materieel recht

Substantive law

Substantive law encompasses the substantive rules that establish the rights, obligations and legal consequences of the parties. It is distinguished from procedural law, which governs the procedural rules.

Substantive law forms the core of the Dutch legal system and determines which conduct is permitted or prohibited, together with the legal consequences attaching to such conduct. It includes, among other areas, contract law, criminal law, liability law and family law.

This body of law is relevant because it determines the substantive outcome of a dispute and thereby establishes which party is in the right. Without substantive law, no judgment on the merits can be rendered.

In practice, lawyers and judges apply substantive law to ascertain the legal consequences, after which the formal rules determine how that outcome is achieved.

“The court applied substantive law to establish the employer's liability.”

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