Legal Glossary

OR-lid

Works Council Member

Elected member of the works council with special legal protection.

Obductie

Autopsy

The medical examination of a deceased person to determine the cause of death.

Obiter dictum

An obiter dictum is a judicial observation in a judgment that is not necessary for the resolution of the dispute. It has no binding precedential effect.

Obligatie

Bond

A tradable debt security issued by a government or company.

Observatieperiode

Observation period

A period during which a situation is observed before making a decision.

Observator

Observer

An observer is an investigative officer who, as part of a criminal investigation, systematically conducts observations in order to gather information about persons or situations.

Octrooi

Patent

An exclusive right to an invention granted by the government.

Octrooi-inbreuk

Patent infringement

The unauthorized use of a patented invention.

Octrooiaanvraag

Patent application

The request to a patent-granting authority to grant a patent.

Octrooibureau

Patent office

The institution responsible for granting and registering patents.

Octrooihouder

Patent holder

The holder of a granted patent.

Octrooirecht

Patent Law

Patent law is the field of law that governs the exclusive protection of technical inventions through patents, enabling the holder to prohibit others from using the invention without authorization.

Offerte

Quotation

An offer to enter into an agreement under certain conditions.

Officier van justitie

Public prosecutor

The magistrate who prosecutes criminal cases on behalf of the public prosecution service.

Officieuze tekst

Unofficial text

A non-binding version of a legal text or document.

Omgangsregeling

Visitation arrangement

The arrangement for contact between a child and the non-custodial parent.

Omgekeerde discriminatie

Reverse discrimination

The situation where own nationals are treated less favorably than EU nationals.

Omgevingsvergunning

Environmental permit

The permit for activities that affect the physical living environment.

Omissie

Omission

The failure to perform an action that is legally required.

Omkeringsregel

Reversal rule

The omkeringsregel is an evidentiary rule in Dutch tort law under which the burden of proof regarding causation is reversed where a norm intended to prevent the damage has been breached.

Omkeringsregel aansprakelijkheid

Reversal rule liability

The evidentiary rule presuming causation upon violation of a specific safety norm.

Omslagstelsel

Pay-as-you-go system

A financing system where current benefits are paid from current contributions.

Onafhankelijkheid EU

Independence EU

The principle that EU institutions function independently from member states.

Onbehoorlijk bestuur

Improper management

Improper management is the act or omission of a director that contravenes the reasonable requirements of care and skill in the management of a legal entity.

Onbevoegdheid

Lack of jurisdiction

The absence of authority of a court or administrative body to handle a case.

Onder pari

Below par

Below par means that a security, such as a share or bond, is issued or traded at a price lower than its nominal value.

Onderaanneming

Subcontracting

The outsourcing of part of a contracted work to a third party.

Onderbewindstelling

Protective administration

The judicial measure placing a person's assets under administration.

Ondercuratelestelling

Placement under guardianship

The judicial measure rendering an adult legally incompetent.

Onderhandeling

Negotiation

The process of consultation between parties to reach an agreement.

Onderhandse akte

Private deed

A private deed is a document drawn up and signed by the parties themselves in which a legal act is recorded, without the involvement of a notary.

Onderhandse verkoop

Private sale

The sale of a good outside a public auction.

Onderhoudstermijn

maintenance period

The maintenance period is the period stipulated in the contract after completion during which the contractor is obliged to remedy defects and carry out maintenance on the completed works.

Onderhoudsverplichting

Maintenance obligation

The legal obligation to contribute to the maintenance of another person.

Onderhoudsverzoek

Maintenance request

A request to the court to establish or modify maintenance.

Onderhuur

Sublease

The rental of a leased property by the tenant to a third party.

Onderlinge waarborgmaatschappij

mutual guarantee company

A mutual guarantee company is a legal person without share capital in which the members mutually insure one another against certain risks.

Ondernemingskamer

Enterprise Chamber

The Enterprise Chamber is a specialized chamber of the Amsterdam Court of Appeal that is dedicated to corporate law disputes.

Ondernemingsraad

Works Council

The works council is a statutory body that represents the interests of the employees in an enterprise and consults with the employer on decisions affecting the staff.

Onderpand

Collateral

An asset serving as security for the performance of an obligation.

Onderscheidend vermogen

Distinctive character

The ability of a sign to distinguish the goods or services of one undertaking from those of others.

Ondertekening

Signature

The placing of a signature to confirm a document or legal act.

Ondertoezichtstelling

Supervision order

A child protection measure appointing a family guardian.

Ondertoezichtstelling (OTS)

Supervision Order

Child protection measure where a family guardian supervises the upbringing.

Onderverzekering

Underinsurance

The situation where the insured value is lower than the actual value of the insured object.

Ondervragingsrecht

Right to examine witnesses

The right of the accused to examine witnesses.

Onderzoekskosten

Investigation costs

The costs incurred for investigating the extent or cause of damage.

Onderzoeksplicht

Duty to investigate

The obligation of a party to conduct its own investigation into facts and circumstances relevant to the conclusion of an agreement.

Oneerlijke handelspraktijk

Unfair commercial practice

An unfair commercial practice is a misleading or aggressive commercial practice by a trader towards consumers that is contrary to professional diligence and may affect the economic behaviour of the average consumer.

Ongedaanmakingsverbintenis

Obligation to make restitution

An obligation to make restitution is the statutory duty to reverse performances rendered pursuant to a contract that is annulled or terminated, and to restore the status quo ante.

Ongeoorloofde reproductie

Unauthorized reproduction

The reproduction of a copyright-protected work without permission.

Ongerechtvaardigde verrijking

Unjust enrichment

Unjust enrichment is a legal doctrine whereby a person obtains a benefit without legal basis at the expense of another, who thereby acquires a claim for compensation.

Ongeschreven zorgvuldigheidsnorm

Unwritten standard of care

A standard of careful conduct in social life not established in statute.

Onherroepelijk

Irrevocable

A decision or judgment against which no ordinary legal remedy is available.

Onherroepelijk vonnis

Final judgment

A court judgment against which no ordinary legal remedy is available.

Onkostenvergoeding

Expense reimbursement

The reimbursement of costs incurred by an employee on behalf of the employer.

Onrechtmatig

Unlawful

Wrongful means acting or failing to act in breach of a statutory duty or an unwritten duty of care, as a result of which damage arises for which liability may follow.

Onrechtmatige daad

Tort

an act that infringes someone's right, is contrary to a statutory duty, or violates a standard of social propriety, and which causes damage that the perpetrator must compensate.

Onregelmatige opzegging

Irregular termination

Irregular termination is the termination of an employment contract in which the statutory or contractual notice rules, such as the notice period or procedure, are not complied with.

Onregelmatigheidstoeslag

Irregular hours allowance

A wage supplement for working at irregular hours.

Onroerend goed

Real estate

Land and buildings and structures permanently connected to it.

Onroerende zaak

Immovable property

An immovable thing is immovable property such as land, buildings and other things attached to the land that cannot be moved without damage.

Ontbindende voorwaarde

Resolutive condition

A resolutive condition is a contractual provision that automatically terminates the legal effects of an agreement upon the occurrence of a specified event.

Ontbinding

Dissolution

Dissolution is the termination of a contract or legal entity on the grounds of a breach or statutory provision.

Ontbindingsverzoek

Request for Dissolution

An application for dissolution is a request submitted to the subdistrict court judge seeking termination of an employment contract. It is filed when continuation of the employment relationship is no longer possible or desirable.

Onteigening

Expropriation

The forced deprivation of property by the government in the public interest.

Ontheffing

Exemption

A decision granting an exception to a legal prohibition or obligation.

Ontheffing gezag

Discharge from parental authority

The judicial measure discharging a parent from authority over a child.

Onthoudingsverklaring

Declaration of Abstention

A non-compete declaration is a written statement in which a party formally undertakes to refrain from specified acts, such as engaging in competition or using confidential information.

Ontkenning vaderschap

Denial of paternity

The judicial procedure to refute legal paternity.

Ontruiming

Eviction

The forced vacating of real property by order of a court or landlord.

Ontruimingsaanzegging

Eviction Notice

A notice to vacate is a formal written notification from the landlord to the tenant requiring the latter to vacate and surrender the leased residential or commercial premises.

Ontruimingsbescherming

Eviction protection

Eviction protection is the statutory safeguard under tenancy law that protects residential tenants against forced eviction without a prior court order.

Ontslag

Dismissal

Dismissal is the termination of an employment contract by the employer or the employee.

Ontslag bestuurder

Dismissal of director

The termination of the appointment of a director of a legal entity.

Ontslag op staande voet

Summary dismissal

Summary dismissal is the immediate termination of the employment contract by the employer or the employee on the grounds of an urgent cause, without observing the notice period or obtaining UWV approval.

Ontslag van instantie

Dismissal from the instance

Dismissal from the instance is a judicial ruling whereby the plaintiff’s claim is dismissed without this amounting to a final determination on the merits.

Ontslagaanzegging

Dismissal notice

The employer's notification to the employee that the employment contract will be terminated.

Ontslagbescherming

Dismissal protection

The legal protection of employees against unjustified dismissal.

Ontslagdatum

Dismissal date

The date on which the employment contract ends after termination or dissolution.

Ontslaggrond

Ground for dismissal

The legal reason underlying the dismissal of an employee.

Ontslagprocedure

Dismissal procedure

The formal procedure to be followed when dismissing an employee.

Ontslagvergoeding

Severance payment

A severance payment is financial compensation paid by an employer to an employee upon termination of the employment contract.

Ontslagvergunning

Dismissal permit

The UWV's permission to terminate an employment contract.

Onttrekking aan het verkeer

Withdrawal from circulation

The criminal law measure withdrawing objects from circulation.

Ontucht

Indecent assault

Sexual acts criminalized in the Criminal Code.

Ontvankelijkheid

Admissibility

The assessment whether a claim or request can be substantively considered.

Ontvankelijkheid bestuursrecht

Admissibility in administrative law

The assessment whether an objection or appeal in administrative law can be substantively considered.

Onus probandi

Burden of proof

Onus probandi, or the burden of proof, is the obligation of a party to proceedings to prove certain facts in legal proceedings.

Onverbindendverklaring

Declaration of non-binding force

The judicial ruling that a statutory provision must be set aside.

Onverdeelde nalatenschap

Undivided estate

An undivided estate is the estate of a deceased person that has not yet been distributed among the heirs. The heirs are co-owners until such distribution takes place.

Onverschuldigde betaling

Undue payment

A payment made without legal basis.

Onvoorziene omstandigheden

Unforeseen circumstances

Unforeseen circumstances are situations that arise after the conclusion of an agreement and that the parties could not reasonably have foreseen, rendering performance disproportionately onerous.

Onzekerheidsvereiste

Uncertainty Requirement

Requirement that uncertainty exists regarding facts or law in a settlement agreement.

Onzelfstandige woonruimte

Non-Independent Living Space

Living space that does not have its own facilities and a separate entrance.

Onzorgvuldig handelen

Negligent Conduct

Acting contrary to the standard of care expected in society.

Oogletsel

Eye Injury

Damage to the eye resulting from an accident, assault, or medical error.

Oorspronkelijkheid

Originality

Requirement that a work is the author's own intellectual creation for copyright protection.

Opdracht

Assignment

An assignment is an agreement whereby one party undertakes to perform a service for the other party without this constituting an employment contract.

Opdrachtgever

Principal

The party who commissions another to perform work.

Open source

Open Source

Software whose source code is freely available under an open licence.

Openbaar Ministerie

Public Prosecution Service

The government body responsible for prosecuting criminal offences.

Openbaarheid

Publicity

The principle that justice and governance take place in public.

Openbaarmaken

Publication

Making a work or information available to the public.

Openbare orde

Public Order

Fundamental principles of the legal order that cannot be set aside by parties.

Openbare register

Public Register

A public register is a register maintained by the government in which certain legal acts or facts are recorded and which is accessible to the public.

Operatie

Surgery

Medical procedure that is legally relevant for liability and informed consent.

Opheffing faillissement

Dissolution of Bankruptcy

Termination of bankruptcy due to lack of assets.

Opheffingskortgeding

Summary proceedings for the lifting of an attachment

An attachment-lifting summary proceeding is an expedited procedure before the interim relief judge to lift a conservatory attachment.

Opinio iuris

opinio juris

Opinio iuris is the belief of states that a particular course of conduct is legally obligatory and is not merely followed out of courtesy or convenience.

Opiumwet

Opium Act

Dutch law regulating the production, trade, and possession of drugs.

Opknappen

Renovation

Renovation of a rental property and the legal consequences thereof.

Oplevering

Delivery

Completion is the moment at which the contractor hands over the completed works to the employer, at which point responsibility and risks pass.

Opleveringsgebrek

defect at handover

A completion defect is a defect in the delivered work that is visible or known at or shortly after completion and that the contractor must remedy.

Opleverstaat

Condition Report

Document describing the condition of a rented property at the start or end of the tenancy.

Opname

Admission

Admission to a hospital or institution, legally relevant for involuntary commitment.

Oprichting

Incorporation

The establishment of a legal entity by means of a notarial deed.

Oproeping

Summons

Official call to appear before a court or meeting.

Oproepingstermijn

Notice Period for Summons

The statutory period within which a summons must be given.

Oproepkracht

On-Call Worker

Employee who only works when called upon by the employer.

Oproepovereenkomst

On-call agreement

Collective term for employment contracts in which the scope of work is not fixed as one set number of hours per period, including zero-hours and min-max contracts.

Opschortende voorwaarde

suspensive condition

A suspensive condition is a condition that must be fulfilled before a contract or obligation takes legal effect.

Opschortingsrecht

Right of suspension

The right of suspension is the power of a creditor to suspend performance of its obligation for so long as the counterparty fails to perform its obligations.

Opslagpercentage

Mark-up Percentage

Percentage surcharge on top of a base interest rate or tariff.

Opsporingsbevoegdheid

Investigative Authority

Legal authority of law enforcement officers to investigate criminal offences.

Opstalaansprakelijkheid

Structural Liability

Strict liability of the possessor of a structure for damage caused by defects.

Opstalrecht

Right of Superficies

Real right to own buildings or works on another person's land.

Opstalverzekering

Building Insurance

Insurance covering damage to the building structure.

Optie

Option

The right to enter into an agreement within a specified period.

Optieprotocol

Optional Protocol

Supplementary treaty to an international human rights convention.

Optierecht

Option Right

The right to be the first to purchase a property under predetermined conditions.

Opvolgend werkgeverschap

Successive employers

Successive employment is the situation in which successive employment contracts with different employers are regarded as a single continuous chain because the work performed is the same and the employers are affiliated with each other.

Opzegging

Termination

Unilateral termination of a continuing contract by one of the parties.

Opzegging arbeidsovereenkomst

Termination of the Employment Contract

Notice of termination of the employment contract constitutes the formal termination of the employment relationship by the employer or the employee by means of notice given in accordance with the statutory or contractual notice period.

Opzegging faillissement

Termination in Bankruptcy

The possibility to terminate agreements after declaration of bankruptcy.

Opzeggingsverbod

Prohibition of Termination

Legal prohibition on terminating a contract during a certain period.

Opzegtermijn

Notice period

The notice period is the statutory or contractual period that must be observed before an agreement, such as an employment contract, can be terminated.

Opzegverbod

Prohibition on termination

A prohibition on dismissal is a statutory provision that prohibits an employer from terminating an employment contract during certain protected periods.

Opzet

Intent

The will to bring about a certain result in criminal law.

Opzetclausule

Intent Clause

Clause in an insurance policy excluding coverage for intentional acts.

Opzichtclausule

Custody Clause

Clause in an insurance policy excluding damage to property in custody.

Orchidee-arrest

Orchid Ruling

Important ruling on the scope of retention of title.

Orderbevestiging

Order Confirmation

Written confirmation of a placed order with the agreed terms.

Organisatie

Organisation

A structured association of persons with a specific purpose.

Orthopedisch letsel

Orthopaedic Injury

Injury to the musculoskeletal system that may lead to a damage claim.

Ouder-kindrelatie

Parent-Child Relationship

The legal and emotional bond between parent and child.

Ouderaansprakelijkheid

Parental Liability

Liability of parents for damage caused by their minor children.

Ouderbijdrage

Parental Contribution

Financial contribution from parents towards the costs of youth care or childcare.

Oudercontact

Parental Contact

The right of a child to maintain contact with both parents, including after divorce.

Ouderdomsclausule

Age Clause

An age clause is a contractual provision in a sale and purchase agreement for immovable property by which the seller limits its liability for defects arising from the age of the property.

Ouderlijk gezag

Parental Authority

The right and duty of parents to care for and raise their minor children.

Ouderlijke macht

Parental Power

Former term for the authority of parents over their minor children.

Ouderschapsplan

Parenting Plan

Mandatory plan upon divorce regarding the care and upbringing of the children.

Outplacement

Guidance for an employee in finding a new job after dismissal.

Overbedeling

Over-allotment

Overbedeling is a situation in which an heir receives more than their entitled share upon distribution of an estate, often in exchange for payment to the other heirs.

Overdracht

Transfer

Transfer is the juridical act whereby a thing or right is transferred from one party to another.

Overdracht van rechten

Transfer of Rights

The transfer of subjective rights from one rights holder to another.

Overdrachtsbeperkingen

Transfer Restrictions

Contractual or statutory restrictions on the transfer of goods or rights.

Overeenkomst

Agreement

A contract is a multilateral legal act whereby two or more parties bind themselves vis-à-vis each other to render a performance. It forms the basis for contractual obligations under Dutch law.

Overeenkomst op afstand

Distance contract

A distance contract is a contract concluded without the parties being physically present together, for example via the internet or telephone.

Overeenkomst van opdracht

Contract of Mandate

Agreement in which the contractor undertakes to perform work.

Overgang van onderneming

Transfer of an Undertaking

A transfer of an undertaking occurs where an undertaking or an autonomous part thereof is transferred to a new owner, with the employees automatically transferring while retaining their rights and obligations.

Overheidsaansprakelijkheid

Governmental liability

Governmental liability is the liability of the government for damage resulting from unlawful acts or omissions by public bodies.

Overlast

Nuisance

Disturbance that is unlawful towards neighbours or tenants.

Overlijdensrisicoverzekering

Term Life Insurance

Insurance that pays out upon the death of the insured within a specified period.

Overmacht

Force Majeure

Force majeure is an unforeseen and unavoidable event beyond the control of a party that renders performance of an obligation impossible.

Overmachtsclausule

Force Majeure Clause

Contractual provision governing the consequences of unforeseen circumstances.

Overnamebalans

Acquisition balance sheet

The acquisition balance sheet is the balance sheet that reflects the financial position of the enterprise at the time of transfer. It serves as the basis for determining or adjusting the acquisition price.

Overplaatsing

Transfer

Moving an employee to a different position, department, or location.

Overtreding

Minor Offence

Minor criminal offence that is less serious than a crime.

Overtreding (strafrecht)

Regulatory Offence

Criminal offence from Book 3 of the Dutch Criminal Code.

Overuren

Overtime

Hours worked by an employee beyond the agreed working time.

Overval

Robbery

Violent theft by means of threat or force.

Oververzekering

Over-Insurance

Situation where the insured value exceeds the actual value of the insured interest.

Overwerk

Overtime Work

Work performed outside normal working hours.