Legal Glossary

Explanation of commonly used legal terms

E

107 terms

EPO (Europees Octrooibureau)

EPO (European Patent Office)

European institution that grants European patents.

EUIPO

European Union Intellectual Property Office, responsible for EU trademarks and designs.

EVRM

ECHR

European Convention on Human Rights, the most important human rights treaty in Europe.

Earn-out

An earn-out is a mechanism in an acquisition agreement whereby a portion of the purchase price is made contingent upon the future financial performance of the acquired company.

Earn-out-regeling

Earn-Out Arrangement

Contractual arrangement making part of the purchase price dependent on future performance.

Echtelijke woning

Marital Home

The dwelling in which spouses live together, with special legal protection.

Echtgenoot

Spouse

Person united with another by marriage.

Echtheid

Authenticity

The genuineness or originality of a document, signature, or object.

Echtscheiding

Divorce

Divorce is the legal termination of a marriage by a court order on the grounds of irretrievable breakdown.

Economisch eigendom

Economic ownership

Economic ownership is the situation in which a party bears the economic benefits and risks of an asset without legal title being held in its name.

Eed

Oath

An oath is a solemn declaration whereby a person swears that a statement is true or that an act will be performed, with criminal consequences in the event of perjury.

Eenmanszaak

Sole Proprietorship

Business form where one natural person is the owner and personally liable.

Eenvoudige mishandeling

Simple Assault

Intentionally inflicting pain or injury on another person.

Eenzijdig verzoek

Ex Parte Application

Application to the court filed without hearing the opposing party.

Eenzijdige rechtshandeling

Unilateral Legal Act

Legal act that is effected by the will of one party.

Eer

Honor

Dignity and good name of a person as a protected legal interest.

Eervol ontslag

Honourable discharge

Honourable discharge is the termination of an employment contract in which the employee bears no fault. It is the counterpart to dishonourable discharge and usually results in favourable consequences for benefits and references.

Effectuering

Effectuation

Actual implementation or enforcement of a right, decision, or judgment.

Eigen behoud

Self-Preservation

Acting to protect one's own life or body in an emergency.

Eigen risico

Deductible

Amount the insured must pay before the insurer pays out.

Eigen schuld

Own fault

Contributory negligence is the situation in which the injured party contributes to the occurrence or the extent of the damage he suffers.

Eigen schuld (percentage)

Contributory Negligence (Percentage)

Percentage reduction of compensation due to the injured party's own fault.

Eigen vermogen

Equity

Equity is the portion of an enterprise’s assets that has been contributed by the owners and has not been financed by liabilities.

Eigenaarslasten

Owner's Charges

Costs borne by the owner of an immovable property.

Eigendom

Ownership

Ownership is the most comprehensive proprietary right in a thing, by which the owner may use, manage and alienate it to the exclusion of others.

Eigendomsrecht

Right of Ownership

The most comprehensive right a person can have over a thing.

Eigendomsvoorbehoud

Retention of title

Retention of title is a contractual provision whereby the seller retains ownership of the delivered goods until the buyer has fulfilled all its payment obligations.

Eigendomsvoorbehoud (faillissement)

Retention of Title (Bankruptcy)

Clause providing that ownership only transfers upon full payment, effective in bankruptcy.

Eigenrichting

Self-help

Self-help is the enforcement of a right by one's own hand without legal authority, or the taking of measures to uphold an alleged right.

Eigenwoningregeling

Owner-Occupied Home Scheme

Tax scheme for the treatment of owner-occupied homes in income tax.

Eindafrekening

Final Settlement

Final calculation of all financial obligations upon termination of an agreement.

Eindarrest

Final Judgment

A final judgment is the definitive ruling of a court of appeal that concludes a case on appeal.

Eindvonnis

Final Judgment

Judicial decision that definitively ends the dispute in that instance.

Eis in reconventie

Counterclaim

A counterclaim is a claim brought by the defendant against the plaintiff in the same proceedings.

Eiser

Plaintiff

The claimant is the party that commences civil proceedings against an opposing party by filing a claim with the court.

Electronische handtekening

Electronic signature

An electronic signature is a digital method for signing documents and authenticating the identity of the signatory.

Elektronisch toezicht

Electronic Monitoring

Monitoring of offenders using electronic devices such as an ankle bracelet.

Emissie van aandelen

Issuance of shares

The issuance of shares is the issuing of new shares by a company, thereby increasing its share capital.

Emolumenten

Emoluments

All financial benefits and remuneration associated with a position or office.

Emotionele schade

Emotional Damage

Psychological suffering resulting from a tort or breach of contract.

Endossement

Endorsement

Endorsement is the transfer of a bill of exchange, cheque or other negotiable instrument by means of a signature on the reverse side, thereby transferring the rights in the instrument to a new holder.

Energielabel

Energy Label

Mandatory indication of a building's energy performance upon sale or rental.

Enkelvoudige jaarrekening

Single-Entity Financial Statements

Financial statements of an individual company, separate from any subsidiaries.

Enkelvoudige kamer

Single-Judge Chamber

Judicial chamber consisting of a single judge who adjudicates alone.

Enquêteprocedure

Inquiry Procedure

The inquiry procedure is a statutory procedure whereby interested parties may petition the Enterprise Chamber to order an investigation into the policy and affairs of a company where mismanagement is suspected.

Entameren

To institute proceedings

Entameren means the commencement of legal proceedings, such as the service of a writ of summons or the filing of a petition.

Entreefinanciering

Entry Financing

Financing for entering a new market or starting a business activity.

Erfdienstbaarheid

Easement

Right in rem imposing a restriction on one plot of land for the benefit of another.

Erfdienstbaarheid van weg

Easement of way

An easement of way is a real right whereby the owner of the servient tenement is obliged to permit the owner of the dominant tenement to pass over his land.

Erfenis

Inheritance

The estate comprises all assets and liabilities left by a deceased person to his heirs.

Erfgenaam

Heir

An heir is a person entitled to the estate of a deceased individual, either by operation of law or under a will.

Erfgenaamschap

Heirship

The status of heir and the associated rights and obligations.

Erfgrens

Property boundary

The boundary line is the imaginary line separating the ownership of two adjacent parcels of land from each other.

Erfopvolging bij versterf

Intestate succession

Intestate succession is the statutory succession that applies when the deceased has not made a will.

Erfpacht

Emphyteusis

Erfpacht is a real right by which the emphyteuta acquires the right to use land belonging to another in exchange for payment of a canon to the owner.

Erfpachthuur

Leasehold Rent

Periodic payment made by the leaseholder to the landowner.

Erfrecht

Law of Succession

The law of succession is the field of law that governs the transfer of property upon death. It determines who the heirs are and how the estate is distributed.

Erga omnes

Towards all

A Latin term referring to rights or obligations that are binding on or enforceable against everyone, and not merely between the parties directly concerned.

Ergotherapie

Occupational Therapy

Paramedical treatment aimed at improving daily functioning after injury.

Erkenning (kind)

Acknowledgment of Paternity

Legal act by which a man assumes legal paternity of a child.

Erkenning buitenlands vonnis

Recognition of Foreign Judgment

Granting legal validity to a judgment rendered abroad.

Escrow

Escrow is an arrangement whereby an independent third party holds funds or assets until the agreed conditions have been met.

Escrow-overeenkomst

Escrow Agreement

Agreement whereby a third party holds funds or documents until certain conditions are met.

Eurojust

EU agency for judicial cooperation in criminal matters.

Europees Hof

European Court

Collective term for the Court of Justice of the EU and the ECtHR.

Europees Parlement

European Parliament

Directly elected legislative institution of the European Union.

Europees aanhoudingsbevel

European Arrest Warrant

Judicial decision of an EU member state for the surrender of a wanted person.

Europese Commissie

European Commission

Executive body of the EU that proposes legislation and enforces EU law.

Europese Raad

European Council

EU institution consisting of the heads of state or government of the member states.

Europol

EU agency for police cooperation in combating cross-border crime.

Eurozone

Group of EU member states that have adopted the euro as common currency.

Evenredige vergoeding

Proportional Compensation

Compensation proportional to the performance delivered or damage suffered.

Evenredigheid

Proportionality

Administrative law principle that a decision must be proportionate to its purpose.

Ex aequo et bono

According to equity and good conscience.

Ex aequo et bono is a Latin expression denoting the resolution of a dispute on the basis of equity and reasonableness, rather than the strict application of the law.

Ex nunc

From now onwards.

Ex nunc is a Latin term meaning "from now" and refers to a legal consequence that takes effect solely from the moment of the judgment or decision.

Ex nunc-toetsing

Ex nunc assessment

Ex nunc review is a judicial assessment of an administrative decision whereby the facts and circumstances are evaluated as they stand at the time of the judgment.

Ex officio

By virtue of office

Ex officio means that an act or power is exercised by virtue of office, without any request from a party being required.

Ex parte

An ex parte procedure is a judicial proceeding in which only one party is heard, without the opposing party having been summoned or being present.

Ex tunc

from then

Ex tunc means that a legal consequence applies with retroactive effect from the original point in time at which the situation arose.

Ex tunc-toetsing

Ex tunc review

Ex tunc review is the assessment of a decision on the basis of the facts and the law as they stood at the time the decision was taken.

Ex-ante-beoordeling

Ex Ante Assessment

Prior assessment of the expected effects of a measure or decision.

Ex-parte-beschikking

Ex Parte Order

Court order issued without hearing the opposing party.

Exceptie

Plea

Procedural defense by which a party challenges admissibility or jurisdiction.

Exceptieve toetsing

Incidental Review

Review of the validity of a regulation in the context of a specific dispute.

Exclusief recht

Exclusive Right

Right belonging exclusively to one person or entity to the exclusion of others.

Exclusiviteit

Exclusivity

Contractual clause giving a party the sole right to a certain performance or market.

Executeur

Executor

Person appointed by will to administer the estate.

Executeur-testamentair

executor

The executor is the person appointed by the testator in a will to administer and settle the estate.

Executie

Execution

Execution is the compulsory enforcement of a judicial decision or enforceable title by a bailiff, in which coercive measures are employed to give effect to the judgment.

Executiegeschil

Enforcement Dispute

An enforcement dispute is a dispute concerning the lawfulness or manner of enforcement of an enforceable title, such as a judgment or a writ of execution.

Executieverdrag

Enforcement Treaty

International treaty regulating mutual recognition and enforcement of judgments.

Executoriaal beslag

Executory attachment

Executory attachment is an attachment levied for the enforcement of an enforceable title, such as a judgment or writ of execution, in order to compel payment of a debt.

Executoriale titel

Enforceable title

An enforceable title is an official document that grants a creditor the right to enforce a claim through coercive measures, such as attachment.

Exequatur

An exequatur is a ruling of the Dutch court declaring a foreign judgment or arbitral award enforceable in the Netherlands.

Exhibitieplicht

Duty to exhibit documents

The statutory obligation to produce certain documents upon request by the opposing party in civil proceedings.

Exitgesprek

Exit Interview

Interview with a departing employee about reasons for leaving and experiences.

Exoneratiebeding

Exoneration clause

An exoneration clause is a contractual provision by which a party's liability for loss or default is excluded or limited.

Exoneratieclausule

Exemption Clause

Contractual clause excluding or limiting liability.

Expertise

Expert Assessment

Expert investigation to establish facts or damage.

Expertisebureau

Loss Adjustment Firm

Company that performs expert investigations, particularly in insurance claims.

Exploitatie

Exploitation

Commercial use or management of a property, right, or business.

Exploitatiekosten

Operating Costs

Costs associated with the daily use and maintenance of a property or business.

Exploitatieovereenkomst

Exploitation Agreement

An exploitation agreement is a contract whereby the rightholder grants another party the right to commercially exploit an intellectual property right or a work.

Exploitatierecht

Exploitation right

The exploitation right is the exclusive right of the author or rightholder to exploit a work commercially, for example by means of reproduction, disclosure to the public or the grant of licences.

Exploitatieschade

Loss of profits

Exploitation damage is the pecuniary damage consisting of lost income or profits arising from the injured party’s inability to (fully) exploit a thing or right.

Exploot

Writ

An exploit is an official document drawn up and served by a court bailiff on a party in legal proceedings.

Externe betrekkingen (EU)

External Relations (EU)

Foreign policy and international relations of the European Union.

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