Rechtsgrond

Legal basis

The legal basis is the statutory or legal foundation on which a claim, decision or juristic act rests.

The legal basis refers to the specific statutory provision, legal principle or legal concept that underpins a particular legal action or claim. Without a sound legal basis, a claim or decision will often lack the requisite legal legitimacy.

In practice, it is of considerable importance to identify and substantiate the correct legal basis, since an incorrect or absent legal basis may result in the dismissal of a claim or the annulment of a decision. Judges and administrative authorities explicitly assess this.

Particularly in civil proceedings, administrative disputes and contractual matters, advancing the appropriate legal basis is essential to effectively defend or reinforce the client’s position.

“The lawyer relied on tort as the legal basis for claiming damages.”

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