Venire contra factum proprium
No one may act contrary to their own prior conduct.
Venire contra factum proprium is a legal principle that prohibits a party from acting in a manner inconsistent with its own prior conduct or statements on which the other party has justifiably relied.
The principle of venire contra factum proprium originates in Roman law and constitutes a manifestation of good faith in civil law. It provides that a party may not adopt a position inconsistent with its own prior conduct where the other party has justifiably relied on that conduct.
This principle is relevant in Dutch law because it promotes legal certainty and prevents abuse of rights. It is frequently applied in contractual relations and in the exercise of rights.
In practice, the principle may be invoked, for example, where a party has affirmed an agreement by payment but later disputes its validity.
“The landlord cannot invoke the termination of the lease agreement, as this would be contrary to venire contra factum proprium in view of his earlier assurances.”
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