Rechtsverwerking

Forfeiture of rights is a legal doctrine in Dutch civil law derived from the principles of reasonableness and fairness. Under this doctrine, a party loses the ability to invoke a particular right if, by its conduct or inaction, it has led the counterparty to reasonably expect that the right will not be exercised.

The doctrine enhances legal certainty and prevents a party from acting inconsistently with expectations it has previously created. It arises principally in contractual relationships and claims where the counterparty could reasonably conclude, on the basis of the rights holder’s conduct, that the right would no longer be asserted.

In practice, forfeiture of rights is frequently invoked in cases of prolonged inaction, failure to object in a timely manner, or acquiescence in a given state of affairs without protest.