Legal Glossary

Fabrieksgarantie

Manufacturer's Warranty

A manufacturer's warranty is the warranty granted by the manufacturer in respect of defects in the materials or workmanship of a product. Such warranty is typically limited in duration and scope and applies in addition to the statutory warranty.

Factoring

Factoring is a form of financing whereby a company assigns its outstanding receivables to a factor in exchange for an immediate advance on the invoice amount.

Factoringovereenkomst

Factoring Agreement

A factoring agreement is a contract under which a company assigns its receivables from its debtors to a factoring company in exchange for immediate payment.

Facturering

Invoicing

Preparation and dispatch of invoices for delivered goods or services.

Factuurfraude

Invoice fraud

Invoice fraud is the intentional sending of false or misleading invoices to obtain payment without any actual delivery of goods or services being provided in return.

Faillissement

Bankruptcy

a court procedure whereby the entire estate of a debtor who has ceased paying is placed under the management of a trustee, who liquidates this estate and distributes the proceeds among the creditors.

Faillissementsaanvraag

Bankruptcy Petition

Application to the court to declare a debtor bankrupt.

Faillissementsgeld

Bankruptcy Payment

Payment to employees upon employer bankruptcy through the UWV.

Faillissementskosten

Bankruptcy Costs

Costs arising from the administration of the bankruptcy.

Faillissementspauliana

Bankruptcy Actio Pauliana

The faillissementspauliana is the power of the trustee to set aside legal acts of the bankrupt that prejudice the joint creditors.

Faillissementsprocedure

Bankruptcy Proceedings

Judicial procedure aimed at liquidating the assets of an insolvent debtor.

Faillissementsrekening

Bankruptcy Account

Bank account maintained by the trustee for managing the bankruptcy estate.

Faillissementsverslag

Bankruptcy Report

Periodic report by the trustee on the progress of the bankruptcy.

Faillissementswet

Bankruptcy Act

Dutch act governing bankruptcy, suspension of payments, and debt restructuring.

Fair use

Fair Use

Anglo-American copyright doctrine allowing certain uses without permission.

Familierecht

Family Law

Area of law governing legal relationships within the family.

Familierechter

Family Court Judge

Judge specialized in family matters such as divorce and custody.

Fatale termijn

Fatal Deadline

Deadline the expiry of which leads to forfeiture of a right or power.

Feitelijk beleidsbepaler

de facto director

A de facto policy maker is a person who, without formal appointment as a director, determines the management and policy of a legal entity.

Feitelijke causaliteit

Factual Causation

Connection between an act and its consequence, tested by the conditio sine qua non criterion.

Feitelijke handeling

Factual Act

Act that has factual consequences but does not require intent to produce legal effects.

Fictieve opzegtermijn

Fictitious notice period

A fictitious notice period is a notice period presumed under statute or case law that is applied in calculating compensation or benefits upon termination of an employment contract without actual notice being given.

Finale geschilbeslechting

Final Dispute Resolution

Definitive resolution of a dispute, without possibility of renewed proceedings.

Financiering

Financing

Provision of funds for an investment, business, or transaction.

Financieringsvoorbehoud

Financing contingency

A clause in an agreement that grants the buyer the right to terminate the purchase if financing cannot be secured within the stipulated period.

Fiscaal recht

Tax Law

Area of law governing the levying and collection of taxes.

Fishing expedition

A fishing expedition is a broad and speculative search for evidence or information in legal proceedings without concrete indications or reasonable grounds.

Fixatiebeginsel

Fixation Principle

Principle that creditors' legal positions are fixed at the moment of bankruptcy declaration.

Fixusclausule

Fixus Clause

Contractual provision fixing the right to commission regardless of the cause of the transaction.

Flexibel werken

Flexible Working

Work arrangements deviating from traditional fixed working hours and workplace.

Flexibele arbeidsrelaties

flexible employment relationships

A collective term for forms of work outside the permanent contract, such as temp work, on-call and freelancing.

Flitsfaillissement

Flash bankruptcy

A flash bankruptcy is a bankruptcy declared by the court very shortly after the petition is filed. It is frequently used to enable the rapid liquidation of assets or to effect a going-concern restart of the business.

Force majeure

Force Majeure

Unforeseeable circumstance preventing performance of an obligation.

Forensisch onderzoek

Forensic Investigation

Scientific investigation for the purpose of detection and evidence in criminal cases.

Forfaitaire vergoeding

Lump-sum compensation

A lump-sum compensation is a fixed, predetermined amount payable in respect of costs or damages, without any requirement to prove the actual expenditure incurred.

Formaliteitsvereiste

Formality Requirement

Legal requirement that a legal act must be performed in a specific form.

Formele rechtskracht

Formal Legal Force

Principle that an irrevocable decision is deemed lawful.

Forum

The forum is the competent court before which a case is heard.

Forum non conveniens

Forum Non Conveniens

Doctrine whereby a competent court refers a case to a more appropriate foreign court.

Forumkeuze

Choice of Forum

Contractual designation of the competent court for disputes.

Forumkeuze (internationaal)

International Choice of Forum

Contractual choice of competent court in international disputes.

Forumkeuzebeding

Forum selection clause

A forum selection clause is a contractual provision whereby the parties designate a specific court that has jurisdiction to resolve disputes between them.

Fotograafrechten

Photographer's Rights

Copyright protection of photographs and the photographer's rights as creator.

Fractuur

Fracture

Bone fracture resulting from an accident, relevant in personal injury claims.

Franchise

A franchise is an agreement whereby the franchisee is granted the right to use the franchisor’s trademark, business formula and know-how in exchange for payment of a fee.

Franchiseovereenkomst

Franchise Agreement

Agreement whereby the franchisor grants the right to operate their business formula.

Fraude (verzekering)

Insurance Fraud

Intentionally deceiving an insurer to obtain a payout.

Fraudeonderzoek

Fraud Investigation

Investigation into irregularities and fraudulent conduct within or against an organization.

Fraudeur

Fraudster

Person who commits or has committed fraud.

Fraus legis

fraud on the law

Fraus legis is the evasion of the law by adopting a construction that is formally lawful but undermines the purpose or intent of the statute.

Functiewijziging

Change of Position

Unilateral or agreed change of an employee's position.

Functioneel verband

Functional Connection

Connection between a fault and the performance of work, relevant in employer liability.

Functionele beperkingen

Functional Limitations

Limitations in daily functioning as a result of injury or illness.

Functioneringsgesprek

Performance Review

Periodic conversation between employer and employee about performance.

Functus officio

Having discharged his office

Functus officio is a Latin term denoting that an official or body has fulfilled its official duties and thereby no longer possesses any further authority in the matter.

Fusie

Merger

A merger is the legal combination of two or more legal entities into a single entity, whereby assets and liabilities transfer by operation of law.

Fysiotherapie

Physiotherapy

Paramedical treatment aimed at restoring the musculoskeletal system.