Waarheidsplicht
Duty of truthfulness
The duty of truthfulness is the statutory obligation of the parties in judicial proceedings to provide the court with factually accurate and complete information and not to mislead it.
The duty of truthfulness, as laid down in Article 21 of the Dutch Code of Civil Procedure, obliges the claimant and the defendant to present all relevant facts truthfully. This duty applies throughout the proceedings and extends to both written and oral submissions.
Its purpose is to ensure fair and efficient administration of justice, enabling the court to decide on the basis of accurate information. In the event of a breach, the court may impose sanctions, such as disregarding certain assertions, an order for costs or, in extreme cases, a declaration of inadmissibility.
In practice, this means that lawyers must expressly inform their clients of this obligation and that incorrect or incomplete information may have serious consequences for the outcome of the case.
“The court dismissed the claim for breach of the duty of truthfulness, as the claimant had concealed essential facts.”
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