Legal Glossary

DNA-onderzoek

DNA Investigation

Forensic examination of biological material for identification in criminal cases.

Daad van bekendheid

Deed of Notoriety

A notarial deed in which a notary establishes certain facts on the basis of witness statements that do not appear from official registers.

Dader

Perpetrator

The person who committed a criminal offence.

Dading

Compromise

A compromise is an agreement whereby the parties terminate or avert an existing or imminent dispute by making mutual concessions.

Dagvaarding

Summons

A summons is an official document by which civil proceedings are commenced by summoning the defendant to appear before the court. It is served by a bailiff and sets out the claim together with the underlying facts and legal grounds.

Dagvergoeding

Daily Allowance

A per-day payment made for disability or as an expense allowance.

Dagwaarde

Current Market Value

The value of a good at the time of damage or appraisal.

Dakopbouw

Roof Extension

A structural extension on the roof of an existing building.

Databankenrecht

Database Law

The database right is the sui generis right that protects the maker of a database against the unauthorised extraction of its contents. It affords an exclusive form of protection, alongside copyright, for substantial investments in obtaining, verifying or presenting data.

Databankrichtlijn

Database Directive

The EU directive providing protection for databases through copyright and the sui generis right.

Dataprotectie EU

EU Data Protection

European regulations protecting personal data, particularly the GDPR.

De facto

de facto

De facto means 'in fact' or 'in practice'. It refers to an actual situation that exists, irrespective of formal legal recognition.

De jure

By law.

De jure means "by law" or "according to the law". It refers to the formal legal position as laid down by statute.

Deadlock situatie

Deadlock situation

A deadlock situation is an impasse in the decision-making process within a company whereby shareholders or directors holding equal voting rights are unable to attain a majority.

Debiteur

Debtor

A debtor is the party that owes a debt or financial obligation to a creditor.

Debt for equity swap

A debt-for-equity swap is a transaction whereby a creditor converts its claim into shares in the share capital of the debtor.

Debtor in possession

Debtor in possession is a concept from United States bankruptcy law whereby the debtor itself retains control over its assets and business during a reorganization proceeding.

Decharge

Discharge

Discharge is the approval by the general meeting of shareholders by which the directors are discharged from liability for the policy pursued by them in a particular financial year.

Decharge bestuur

Discharge of Board

Shareholder approval of the board's management, releasing directors from liability.

Declaratieplicht

Declaration Obligation

The obligation to report certain information or costs to an authority or insurer.

Declaratoir vonnis

Declaratory judgment

A declaratory judgment is a judicial decision that establishes a legal relationship or right without ordering the defendant to render performance or make payment.

Deelgeschil

Preliminary Issue Proceeding

A proceeding in which a specific issue in a personal injury case is submitted to the court.

Deelneming

Participation

Participation is the criminal involvement in an offence committed by another. It encompasses co-perpetration, causing another to commit an offence, incitement and complicity.

Deelneming in een onderneming

Participation in a Company

Holding shares or an interest in another company.

Deeltijdontslag

Part-time dismissal

Part-time dismissal is the partial termination of an employment contract, whereby the employee is dismissed only in respect of part of their working hours, with the remainder of the contract remaining in effect.

Dekking

Coverage

The extent of protection provided by an insurance contract.

Dekkingsgat

Coverage Gap

A period or situation in which no insurance coverage exists.

Dekkingsgraad

Funding Ratio

The ratio between a pension fund's assets and its pension obligations.

Dekkingskoop

Covering purchase

A covering purchase is a substitute purchase made by a buyer when the original seller fails to perform its delivery obligation.

Dekkingsomvang

Scope of Coverage

The extent of risks and events covered by an insurance policy.

Delegatie

Delegation

The transfer of powers by a government body to another body.

Deponeringsplicht

obligation to deposit

The filing obligation is the statutory duty of legal entities to file their annual accounts and other documents with the Chamber of Commerce within the statutory time limits.

Depot

Deposit

The depositing of funds, securities, or other valuables with an institution.

Depot (merk)

Trademark Filing

Filing of a trademark with the trademark office for protection.

Derdenbeding

Third-Party Clause

Contractual clause granting rights to a third party who is not a party to the contract.

Derdenbescherming

Protection of third parties

Third-party protection is the statutory protection enjoyed by third parties who have acquired rights in good faith on the basis of an apparently valid legal act or register entry.

Derdenbeslag

Third-party attachment

Third-party attachment is an enforcement measure whereby a creditor attaches claims or assets of the debtor that are held by a third party, such as a bank or employer.

Derdengeldenrekening

Third-party funds account

A third-party funds account is a special bank account on which lawyers or notaries hold and manage funds belonging to clients or other third parties, strictly segregated from their own assets.

Derdenrekening

Third-party account

A third-party account is a bank account maintained by a lawyer or civil-law notary to hold and administer funds belonging to clients or other third parties, separate from the lawyer’s or notary’s own assets.

Derogeren

To derogate

To derogate means to depart from a general rule of law by means of a special provision.

Derogerende werking

Derogatory effect

The derogating effect means that a later or more specific legal norm precludes the application of an earlier or more general norm.

Descente

Judicial Inspection

On-site inspection by a judge for examination of the premises.

Deskundigenbericht

Expert's report

An expert report is a written report by an expert appointed by the court that addresses technical or specialized questions arising in legal proceedings.

Detachering

Secondment

Temporary assignment of an employee to work for a third party.

Detentie

Detention

Deprivation of liberty in the context of criminal prosecution.

Deurwaarder

Bailiff

Public officer charged with serving legal documents and enforcing judgments.

Devolutieve werking

Devolutive Effect

Transfer of the case to a higher court by filing an appeal.

Diefstal

Theft

Taking property belonging to another with the intent of unlawful appropriation.

Dienstbetrekking

Employment Relationship

Employment relationship in which an employee works for an employer.

Dienstenovereenkomst

Service Agreement

Agreement whereby one party undertakes to perform services for the other party.

Dienstverband

Employment

The formal employment relationship between employer and employee.

Dienstverlening

Service Provision

The provision of services in a legal or commercial context.

Dienstverrichting

Performance of Services

The actual performance of services within a contractual relationship.

Digitaal bewijsmateriaal

Digital Evidence

Electronic data that can serve as evidence in legal proceedings.

Digitaal echtscheidingsloket

Digital divorce portal

Online judiciary facility allowing separating parents to jointly submit a parenting plan and divorce petition digitally.

Diplomatenclausule

diplomatic clause

The diplomat clause is a provision in a lease agreement that grants the landlord the right to terminate the tenancy early if the landlord requires the property for his own use upon returning from abroad.

Directe actie

Direct Action

Right to bring a claim directly against a party with whom no contractual relationship exists.

Directe schade

Direct Damage

Damage that directly results from a damage-causing event.

Directe werking

Direct Effect

Principle that provisions of EU law directly confer rights on individuals.

Disciplinaire maatregel

Disciplinary Measure

Sanction imposed by a disciplinary body for violation of professional rules.

Discretionaire bevoegdheid

Discretionary Power

Decision-making freedom of an administrative body when taking a decision.

Discriminatieverbod (EU)

Prohibition of Discrimination (EU)

EU law prohibition on unequal treatment based on nationality or other characteristics.

Disculpatie

Exculpation

Exculpation is a contractual clause by which a party excludes or limits its liability for loss or breach.

Dispensatie

Dispensation

Exemption from a legal provision or requirement in an individual case.

Distributieovereenkomst

Distribution Agreement

A distribution agreement is a contract whereby a supplier grants a distributor the right to sell and distribute products or services within a specified territory.

Distributierecht

Distribution Law

Area of law regulating the distribution of goods and services through intermediaries.

Dividend

A dividend is the distribution of a portion of a company's profits to its shareholders. It constitutes the return on their shareholding.

Dividendbeleid

Dividend Policy

Policy of a company regarding the distribution of profits to shareholders.

Dochtermaatschappij

Subsidiary company

A subsidiary is a company that is controlled by another company, the parent company, by virtue of the latter holding more than half of the voting rights or otherwise exercising decisive influence.

Dochtervennootschap

Subsidiary

Company whose shares are wholly or largely held by a parent company.

Doel

Purpose

The purpose is the description in the articles of association of the activities that a legal entity may undertake and the intended societal benefit thereof.

Doeloverschrijding

Exceeding the objects

Exceeding the objects occurs where a legal entity performs legal acts falling outside its statutory objects as set out in the articles of association.

Doeltreffendheid

Effectiveness

Principle that EU law must be effectively enforceable through national legal systems.

Dolus

Intent

Dolus is the Latin term for intent or the conscious intention to bring about an unlawful consequence. The concept is essential for determining criminal liability and liability.

Domeinnaam

Domain Name

Internet address serving as identification for a website.

Domicilie

Domicile

The legal residence of a person.

Domiciliekeuze

Choice of Domicile

Designation of a chosen domicile for certain legal acts.

Doorlevering

Onward Delivery

Delivery of goods by the buyer to the next party in the chain.

Doorlopend krediet

Revolving Credit

Credit facility allowing the borrower to repeatedly draw up to a maximum amount.

Doorprocederen

Continuing Proceedings

Continuation of legal proceedings despite a settlement offer or interim decision.

Doorstart

Restart

A restart is the continuation of the viable activities of a bankrupt enterprise through the transfer of assets to a new legal entity.

Doorwerking

Permeation

Influence of a higher legal order on lower-level regulations or agreements.

Doorzoeken

Search (premises)

Entering and searching a dwelling or premises by law enforcement officers.

Dossiervorming

File Compilation

Systematic compilation of documents and information for the purpose of a case.

Douane-unie

Customs Union

Economic partnership with free movement of goods and a common external tariff.

Draagmoederschap

Surrogacy

Arrangement where a woman carries a child for intended parents.

Draagplicht

Contribution Obligation

Obligation of a jointly liable debtor to contribute to the debt vis-à-vis co-debtors.

Draaideurconstructie

Revolving door construction

A revolving door arrangement is an arrangement whereby a person, upon leaving public office, immediately transitions to a related position in the private sector, or vice versa.

Drag along regeling

Drag-along provision

A drag-along provision is a clause in a shareholders’ agreement enabling majority shareholders to require minority shareholders to sell their shares upon a sale of the company.

Dreigement

Threat

Expression by which someone threatens another with harm.

Drempelwaarde

Threshold Value

Amount above which specific legal rules become applicable.

Driepartijenovereenkomst

Three-Party Agreement

Agreement involving three parties with mutual rights and obligations.

Dringende reden

Urgent reason

An urgent reason is a serious event or conduct that justifies an employer terminating an employment contract with immediate effect, without observing the applicable notice period.

Dringende spoed

Urgent Necessity

Situation justifying immediate intervention without the usual procedural safeguards.

Drugsdelict

Drug Offense

Criminal offense related to the production, trafficking, or possession of narcotics.

Dublin-verordening

Dublin Regulation

EU regulation determining which member state is responsible for examining an asylum application.

Due diligence

Due Diligence

Thorough investigation and analysis prior to a transaction or investment.

Dupliek

Rejoinder

Written response of the defendant to the plaintiff's reply.

Duurovereenkomst

Continuing contract

A continuing contract is an agreement that creates ongoing obligations between the parties over an extended period, such as in the case of leases, employment or the provision of services.

Duurschade

Continuing Damage

Damage that continues as long as the cause of damage persists.

Dwaling

Mistake

Mistake is a misapprehension as to the content or purport of a contract which, subject to certain conditions, may lead to its annulment.

Dwangakkoord

Compulsory Composition

Court-imposed debt arrangement on dissenting creditors.

Dwangmiddel

Coercive Measure

Legal means to enforce compliance with an obligation.

Dwangsom

Penalty payment

A penalty payment is a monetary fine imposed by the court that becomes payable upon non-compliance with a judgment, the purpose of which is to compel compliance.

Dwangsom (bestuursrecht)

Administrative Penalty Payment

Financial incentive imposed by an administrative body to enforce compliance with an order.

Dwarslaesie

Spinal Cord Injury

Severe spinal cord injury with permanent consequences, relevant in personal injury claims.

Dwingend recht

Mandatory law

Mandatory law comprises statutory rules from which the parties may not derogate by agreement.