Petitum
Relief sought
The petitum is the relief sought in a writ of summons or application, in which the claimant precisely specifies what he requires from the defendant or the court.
In Dutch civil procedure, the petitum constitutes the section of the summons or application in which the claimant sets out the precise relief sought. This may include, for instance, a claim for payment of a monetary sum, dissolution of a contract or the grant of an injunction.
The petitum is of considerable significance, as the court is bound by its terms when delivering judgment and may not award more than has been claimed. An unclear or excessively broad formulation of the petitum may result in dismissal of the claim.
In practice, the petitum is frequently accompanied by a statement of the legal basis, in which the claimant explains the legal foundation of the claim.
“The lawyer phrased the petitum in such a way that the defendant was ordered to pay the outstanding invoices together with statutory interest.”
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