Ratio legis
The reason of the law
The ratio legis is the underlying reason or purpose that the legislator had in mind when enacting a statutory provision.
The ratio legis refers to the teleological foundation of a legal rule and constitutes an important aid in the interpretation of legislation. Rather than adopting a strictly literal construction, regard is had to the intended societal or legal purpose of the provision.
This approach is particularly apposite where the statutory text is ambiguous, outdated or insufficiently attuned to present circumstances. Courts and practitioners invoke the ratio legis to arrive at a reasonable and purposive application of the law.
In Dutch legal practice, the ratio legis is frequently relied upon in cases of interpretive dispute, especially in civil, administrative and criminal matters, in order to ascertain the intention of the legislature and to avoid inequitable results.
“The advocate argued that the ratio legis of the provision requires that the protection also applies to digital contracts.”
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