Legal Glossary

CAO-loon

Collective Agreement Wage

The wage established in a collective labour agreement.

CAR-verzekering

Construction All Risks Insurance

Insurance covering all risks during construction of a project.

Canon

A canon is an ecclesiastical rule or precept of canon law governing the internal norms and organisation of the Roman Catholic Church.

Cao

Collective labour agreement

A CAO is a collective agreement between employers (or employers’ organizations) and trade unions laying down terms and conditions of employment.

Carenzperiode

Waiting Period

The waiting period at the start of insurance or benefits during which no entitlement exists.

Carrouselfraude

Carousel fraud

Carousel fraud is a form of organised VAT fraud in which goods circulate through a chain of companies in different EU countries in order to fraudulently reclaim VAT without remitting it.

Carry back

Carry back is a tax technique whereby losses from the current year are offset against profits from previous years in order to obtain a tax refund.

Cash out optie

Cash-out option

A cash-out option is a contractual right entitling a party to convert shares, options or an interest into cash rather than in kind.

Casko

Comprehensive Vehicle Insurance

Motor vehicle insurance covering damage to one's own vehicle.

Cassatie

Cassation

Cassation is the extraordinary legal remedy whereby the Supreme Court reviews whether lower courts have correctly applied the law.

Casus

Case

A specific legal case or scholarly example illustrating a legal question.

Causaal verband

causal link

Causation is the requisite legal relationship between a wrongful act or breach of contract and the damage resulting therefrom. Without this link, liability cannot be established.

Causaliteit in het bestuursrecht

Causation in Administrative Law

The connection between an unlawful government decision and the damage suffered.

Causaliteitstoets

Causation Test

The legal test to determine whether a causal connection exists between act and damage.

Caveat emptor

Let the buyer beware.

Caveat emptor is a Latin legal maxim meaning “let the buyer beware.” The buyer bears the responsibility for examining the quality and suitability of the purchased goods.

Celstraf

Prison Sentence

A custodial sentence in which the convicted person is confined in a penitentiary.

Centrale raad van beroep

Central Board of Appeal

The Central Appeals Tribunal is the highest administrative court in the Netherlands that adjudicates disputes concerning social security, civil service matters and certain other administrative-law subjects.

Certificaat

Certificate

A certificate is an official document confirming authenticity, ownership or a particular fact.

Certificering

Certification

The process by which an independent body confirms that a product, service, or system meets certain standards.

Certificeringsmerk

Certification Mark

A mark indicating that a product or service meets certain quality standards.

Cessie

Assignment

Assignment is the transfer of a nominative claim to a third party. This is effected by a deed of assignment followed by notification to the debtor.

Cessie van vordering in procedure

Assignment of Claim in Proceedings

The transfer of a claim to a third party while court proceedings regarding that claim are pending.

Cessio

Assignment

Cessio is the assignment of a nominative claim from one creditor (the cedent) to another party (the cessionary).

Change of control-clausule

Change of Control Clause

A contractual provision governing rights or obligations upon a change in control of a party.

Circulaire

Circular

A written directive from a government body explaining or applying legislation.

Citaatrecht

Right of Quotation

The right to quote short passages from copyrighted work without permission.

Civiele procedure

Civil Proceedings

Court proceedings in civil and commercial matters.

Civielrechtelijk

Civil Law

Relating to civil law, which governs legal relationships between persons.

Civielrechtelijke sanctie

Civil Law Sanction

A legal consequence in civil law in response to unlawful conduct or breach of contract.

Claims-made

Claims-Made

A type of policy providing coverage for claims filed during the policy period.

Clausule in verzekering

Insurance Clause

A special provision in an insurance contract that further specifies coverage.

Co-ouderschap

Co-Parenting

An arrangement where separated parents equally share the care of their children.

Codicil

A codicil is a handwritten document by which the testator supplements or amends his will, typically to bequeath specific items of movable property.

Cognitieve schade

Cognitive Damage

Damage to cognitive functions as a result of injury, relevant in personal injury claims.

Collectief beheer

Collective Management

The joint management of copyrights and related rights by a collective management organisation.

Collectief merk

Collective Mark

A mark used by members of an association to distinguish their products or services.

Collectief ontslag

Collective dismissal

Collective redundancy is the simultaneous termination of employment contracts with twenty or more employees within a three-month period at a single establishment. Such redundancies are subject to the stringent procedure prescribed by the Collective Redundancy Notification Act (WMCO).

Collectieve aansprakelijkheid

Collective liability

Collective liability is the situation in which multiple persons or entities are held jointly and severally liable for damage or an obligation.

Collectieve verzekering

Group Insurance

Insurance taken out for a group of persons, often through an employer or association.

College van B&W

Board of Mayor and Alderpersons

The daily executive board of a municipality, consisting of the mayor and alderpersons.

Comitologie

Comitology

The system of committees assisting the European Commission in adopting implementing measures.

Commanditair kapitaal

Limited Partnership Capital

Capital contributed by a limited partner in a limited partnership.

Commanditaire vennoot

limited partner

A limited partner is a partner in a limited partnership whose liability is limited to the amount of his contribution and who does not perform any management or representation duties.

Commanditaire vennootschap

Limited partnership

A limited partnership (CV) is a form of partnership in which the general partners have unlimited liability and the limited partners are liable only to the extent of their contributions.

Commerciële overeenkomst

Commercial Agreement

An agreement concluded in the course of professional or business activities.

Commissaris

Commissioner

A supervisory director is a member of the supervisory board who oversees the management of a company.

Communicatierecht

Communications Law

The area of law encompassing the regulation of telecommunications and electronic communications.

Comparitie

Appearance

A comparitie is a hearing at which the parties and their counsel appear before the court to make oral submissions on the case and to attempt to reach a settlement.

Comparitie na antwoord

Hearing After Defence

A court hearing after the defence statement, aimed at discussing the case.

Comparitie van partijen

Hearing of Parties

An oral hearing of parties by the judge during civil proceedings.

Compensatie

Compensation

Compensation is a monetary payment received by a party to compensate for loss or damage suffered.

Compensatieregeling transitievergoeding

Transition Payment Compensation Scheme

Scheme under which UWV reimburses the transition payment an employer paid on dismissal due to long-term incapacity for work (dormant employment).

Competentie

Jurisdiction

Jurisdiction is the statutory authority of a court to hear and adjudicate a particular case.

Competentie EU

EU Competence

The authority of the European Union to legislate in a particular policy area.

Complicaties

Complications

Unexpected side effects or consequences of medical treatment, relevant in medical liability.

Compos mentis

of sound mind

Compos mentis is a Latin term denoting that a person is of sound mind and possesses the legal capacity to perform acts with binding legal effect.

Concernverhouding

Group Relationship

The legal relationship between companies that are part of the same group.

Concessieovereenkomst

Concession Agreement

A concession agreement is a contract whereby a public authority grants a private party the right to operate a public service or infrastructure, with the concessionaire bearing the economic risk.

Conclusie van antwoord

Statement of Defence

The statement of defence is the defendant's written response to the plaintiff's claim in civil proceedings.

Conclusie van dupliek

Rejoinder

A rejoinder is the defendant's final written defence to the plaintiff's reply in civil proceedings.

Conclusie van eis

Statement of Claim

The part of the summons in which the claimant states what they seek from the court.

Conclusie van repliek

Reply

The statement of reply is the written pleading in which the claimant responds to the defendant's statement of defence in civil proceedings.

Concrete schadebegroting

Concrete Damage Assessment

The calculation of damage based on actually incurred losses.

Concurrent schuldeiser

ordinary creditor

An ordinary creditor is a creditor without a security interest or statutory priority who, in bankruptcy, participates pari passu in the estate.

Concurrente schuldeiser

Unsecured Creditor

A creditor who has no priority or security in the distribution of proceeds.

Concurrente vordering

Ordinary claim

A concurrent claim is a non-preferential, unsecured claim in bankruptcy that ranks for payment only after preferential claims and estate claims.

Concurrentiebeding

Non-Compete Clause

A non-compete clause is a contractual provision in an employment contract that prohibits the employee from engaging in competing activities following termination of the employment relationship.

Conditio sine qua non

Condition sine qua non

The conditio sine qua non is the test applied to determine whether an event constituted a necessary condition for the occurrence of the damage or the consequence. Absent that event, the consequence would not have occurred.

Conformiteit

Conformity

Conformity means that a performance or thing meets the requirements laid down in the agreement.

Connexiteit

Connexity

The connection between two or more lawsuits that may lead to joinder or referral.

Consensus

Consensus is the meeting of the minds between the parties that is required for the valid formation of a contract.

Conservatoir beslag

Conservatory attachment

A conservatory attachment is a provisional measure whereby a creditor attaches the debtor’s assets to prevent their alienation or misappropriation before a judgment is obtained.

Consignatie

Consignment

The deposit of money or goods with a custodian until the rightful claimant comes forward.

Consument

Consumer

A consumer is a natural person who acts for purposes outside his trade, business, craft or professional activity.

Consumentenkoop

Consumer sale

A consumer sale is a contract of sale in which the buyer is a natural person who does not act in the course of a profession or business, whereas the seller does.

Consumentenrecht

Consumer Law

The area of law governing the protection of consumers in transactions with businesses.

Consumentenrecht EU

EU Consumer Law

European regulations ensuring a minimum level of consumer protection across all EU member states.

Continuïteit

Continuity

The ability of a business to continue its activities (going concern).

Contra legem

Contrary to law

An act, decision or provision that is contrary to the applicable law.

Contra-expertise

Counter-Expertise

An independent examination to verify the findings of a previous expert investigation.

Contract

A contract is a binding agreement between two or more parties that creates mutual rights and obligations. It is legally enforceable and governs the relationship between the parties.

Contractbreuk

Breach of Contract

The failure to fulfil obligations under a contract.

Contractduur

Contract Duration

The period for which an agreement has been entered into.

Contractmanagement

Contract Management

The systematic management of contracts throughout their entire lifecycle.

Contractonderhandeling

Contract Negotiation

The process of negotiating the terms of an agreement.

Contractovername

Assignment of Contract

The transfer of an entire contractual position to a third party.

Contractrecht

Contract Law

The area of law governing the formation, content, and termination of contracts.

Contractsduur

Contract Term

The duration of a contract from start to finish.

Contractsduur polis

Policy Contract Term

The duration of an insurance contract.

Contractsovername

Contract Takeover

Contract assignment is the transfer of an entire contract whereby a third party assumes the rights and obligations of a contracting party.

Contractspartij

Contracting Party

A person or entity that is a party to a contract.

Contractsvrijheid

Freedom of contract

Freedom of contract is the principle that parties are in principle free to determine whether, with whom and on what terms they enter into a contract.

Contractuele aansprakelijkheid

Contractual Liability

Liability for damage arising from breach of contract.

Contractuele boete

Contractual Penalty

A sum specified in the contract that is owed upon non-performance.

Contradictoir

Contradictory

Court proceedings in which both parties can present their position.

Controle

Audit

The supervision or verification of compliance with rules, regulations, or agreements.

Controlebevoegdheid

Power of Inspection

The statutory power of a supervisory body to conduct audits and inspections.

Contusie

Contusion

A bruising of tissue caused by blunt trauma, relevant in personal injury cases.

Conversie

Conversion

Conversion is the legal concept whereby an invalid juridical act is converted into a valid juridical act that satisfies the requirements of another act, provided that this accords with the intention of the parties.

Conversie van aandelen

Share Conversion

The conversion of shares from one type to another within the same company.

Conversiebepaling

Conversion provision

A conversion provision is a contractual clause stipulating that an invalid or null and void provision shall automatically be converted into a valid provision that corresponds as closely as possible to the original intention.

Copyleft

A licensing model requiring derivative works to be distributed under the same free licence terms.

Copyright

Copyright is the exclusive right of the author of an original work to reproduce, distribute and commercially exploit that work.

Copyright-notice

Copyright Notice

A notice on a work indicating that it is protected by copyright.

Corporate governance

Corporate governance refers to the system of rules, practices and processes by which a company is directed, controlled and held accountable.

Corporate governance code

The Corporate Governance Code is a set of principles and best practices for good governance, oversight and transparency in listed companies.

Corporate opportunity

The corporate opportunity doctrine provides that directors and supervisory directors may not exploit business opportunities that the company itself could reasonably pursue, without first offering them to the company.

Corpus delicti

corpus delicti

The corpus delicti is the material evidence or object demonstrating that a crime has in fact been committed.

Correctie Langemeijer

Langemeijer Correction

A legal construction whereby conduct not infringing a specific right may still be unlawful.

Correctieve sanctie

Corrective Sanction

An administrative sanction aimed at ending or undoing a violation.

Coulance

Goodwill Gesture

The granting of compensation or accommodation out of goodwill without legal obligation.

Coulancehalve vergoeding

Compensation by way of leniency

An ex gratia payment is a payment made voluntarily as a gesture of goodwill, without any statutory or contractual obligation to do so.

Coulancevergoeding

Goodwill Payment

A financial payment granted as a goodwill gesture without acknowledgment of liability.

Courtage

Commission

Commission is the remuneration that a broker receives for mediating the conclusion of an agreement, such as in the purchase or lease of real property.

Coöperatie

Cooperative

A cooperative is an association with legal personality whose object is to promote the economic interests of its members by entering into agreements with them.

Coöptatie

Co-optation

Co-optation is the appointment of new members to a body, such as a supervisory board or management board, by the incumbent members themselves, without the involvement of third parties.

Cram down

A cram-down is a judicial power to impose a restructuring plan on dissenting creditors, provided that the statutory conditions are met.

Creatieve keuzes

Creative Choices

The original choices of a creator that give a work its personal stamp and may generate copyright protection.

Creditering

Crediting

The posting of an amount in favour of an account or correcting an invoice through a credit note.

Crediteur

Creditor

A creditor is a person or legal person to whom another owes money or the performance of an obligation.

Crediteurenakkoord

Creditors' Agreement

A creditors' agreement is an agreement between a debtor and its creditors under which the creditors consent to (partial) payment or other terms in settlement of the debts.

Crediteurencommissie

Creditors' Committee

A committee of creditors supervising the administration of a bankruptcy estate.

Crediteurenvergadering

Creditors' Meeting

A meeting of creditors in bankruptcy proceedings.

Crediteursverzuim

Creditor Default

The situation where the creditor fails to cooperate with the debtor's performance of the obligation.

Creditnota

Credit Note

A document correcting a previously invoiced amount in whole or in part.

Criminaliteit

Crime

The totality of behaviours that are designated as criminal by law.

Crisisheffing

Crisis Levy

A temporary additional levy imposed by the government during times of economic crisis.

Cross-class cram down

A cross-class cram-down is a mechanism by which a restructuring plan may be imposed on classes of creditors that have voted against the plan, provided that the statutory conditions are met.

Culpa

fault

Culpa is a Latin legal term referring to fault or negligence without intent. It constitutes the basis for liability for negligent conduct.

Culpa in contrahendo

Pre-contractual fault

Culpa in contrahendo refers to pre-contractual liability arising from negligent or unlawful conduct during contract negotiations, prior to the conclusion of an agreement.

Cultuurgrond

Agricultural Land

Land used for agriculture, horticulture, or livestock farming.

Cumulatie

Cumulation

The concurrence of multiple legal bases, claims, or sanctions.

Cumulatie van aansprakelijkheid

Cumulation of Liability

The concurrence of contractual and non-contractual liability for the same damage.

Curandus

Ward

A person placed under guardianship due to mental or physical condition.

Curatele

Curatorship

Curatorship is a statutory measure whereby an adult is placed under supervision because he is incapable of managing his own affairs.

Curator

Trustee

A curator is a court-appointed official who administers and liquidates the bankrupt estate.

Cybercrime

Crime committed using computers, networks, or the internet.

Taken van de curator

Trustee's Duties

The statutory duties and responsibilities of a trustee in bankruptcy proceedings.