Vergewisplicht
Duty to verify
The duty to verify is the statutory obligation to check and establish certain facts or circumstances prior to an act or decision.
The duty of verification requires a party, typically an employer or service provider, to actively ascertain relevant legal or factual circumstances before entering into an agreement or carrying out an act. This serves to avoid liability or breaches of applicable laws and regulations.
In practice, the duty of verification arises most frequently in connection with the employment of foreign nationals, the sale of alcohol or tobacco to minors, and contractual relationships in which identity or authority must be established. Non-compliance may give rise to fines, claims for damages or the nullity of legal acts.
The duty is significant because it enables legislators to impose responsibility on the party best placed to verify the relevant information, thereby preventing abuse or unlawful conduct.
“The employer has breached its duty to verify by failing to carry out any checks on the residence status of the new employee.”
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