Legal Glossary

Duur partneralimentatie

Duration of Spousal Maintenance

The statutory maximum duration of the obligation to pay spousal maintenance.

PTSS

PTSD

Post-traumatic stress disorder resulting from a traumatic experience.

Pacht

Lease

Pacht is a special form of tenancy under which agricultural land or an agricultural enterprise is let. It affords the tenant specific statutory protection and is governed by Book 7 of the Civil Code.

Pacta sunt servanda

Agreements must be observed.

Pacta sunt servanda is the fundamental legal principle that agreements must be observed.

Pactum

Pact

A pactum is a Latin term for a binding agreement or arrangement between parties in law.

Pandgever

Pledgor

The pledgor is the party that creates a pledge over a movable asset or right in order to secure a claim of the pledgee.

Pandhouder

Pledgee

A pledgee is the creditor who holds a right of pledge over movable assets or receivables of the debtor as security for the performance of a claim.

Pandhouder aandelen

Pledgee of Shares

The party holding a pledge on shares as security for a claim.

Pandovereenkomst

Pledge Agreement

Agreement establishing a pledge on a movable property or claim.

Pandrecht

Pledge

A pledge is a proprietary security right in a movable asset or a right, entitling a creditor, in the event of default, to enforce the pledged property and recover its claim.

Pandrecht bij faillissement

Pledge in Bankruptcy

The position of the pledgee in the bankruptcy of the pledgor.

Par conditio creditorum

Equality of creditors

Par conditio creditorum is the principle that all creditors must be treated equally in bankruptcy or insolvency proceedings.

Parafering

Initialling

Placing initials on each page of a document for confirmation.

Parate executie

Extrajudicial enforcement

Parate execution is the right of a mortgagee or pledgee to sell the collateral upon default without obtaining a prior court judgment.

Particuliere huur

Private Rental

Renting residential property from a private landlord in the free sector.

Partijautonomie

Party Autonomy

The principle that parties are free to determine the content of their agreement.

Partijperikelen

Party Disputes

Procedural complications surrounding the parties in a lawsuit.

Partneralimentatie

Spousal Maintenance

Financial maintenance contribution to the ex-partner after divorce.

Partnerschapsregistratie

Registered Partnership

Legal cohabitation form comparable to marriage.

Passende arbeid

Suitable employment

Suitable work is work that may reasonably be expected of an employee, having regard to his education, experience, health and personal circumstances.

Passiva

Liabilities

Liabilities are the debts and obligations of an enterprise or person that are shown opposite the assets on the balance sheet.

Patent

A patent is an exclusive right granted by the government to an inventor in respect of a technical invention, thereby preventing others from using, manufacturing or selling it without authorization.

Pauliana-vordering

Actio Pauliana

Claim to annul legal acts that prejudice creditors.

Payrolling

Arrangement where a payroll company is the formal employer of the employee.

Peildatum

Reference Date

The valuation date is the reference date on which the value of assets or the factual situation is determined for the purposes of legal calculations or decisions.

Peilmoment

Reference Date

The moment at which a legal assessment or valuation takes place.

Penalty-clausule

Penalty Clause

Contractual clause imposing a penalty for non-performance of an obligation.

Penitentiair recht

Prison Law

Area of law governing the rights and obligations of prisoners.

Pensioen

Pension

Income after retirement built up through the employer or government.

Pensioenopbouw

Pension Accrual

Building up pension rights during one's career.

Pensioenrecht EU

EU Pension Law

European legislation regarding pensions and cross-border pension rights.

Pensioenverevening

Pension Equalisation

Division of pension accrued during marriage upon divorce.

Pensioenverzekeraar

Pension Insurer

Insurer that executes pension insurance policies.

Per se

By itself.

Per se is a Latin term denoting that conduct or an agreement is prohibited or unlawful in itself, without any need to establish further consequences.

Percentage invaliditeit

Degree of Disability

The percentage expressing the degree of incapacity for work.

Peremptoir stellen

To set peremptorily.

Setting a peremptory term means the court imposing a strict deadline within which a procedural act must be performed. Exceeding that deadline causes the party to forfeit the right to perform the act at a later stage.

Permanente bewoning

Permanent Habitation

Permanently inhabiting a holiday home contrary to the zoning plan.

Persona non grata

Unwelcome person

A person declared undesirable by a state and required to depart, particularly in the case of foreign diplomats.

Personeelsbeleid

Personnel Policy

An employer's policy regarding the management of personnel.

Personeelsdossier

Personnel File

The file maintained by the employer about an employee.

Personeelshandboek

Employee Handbook

Document containing the internal rules and guidelines of an employer.

Personeelsvergadering

Staff Meeting

A staff meeting is a meeting between an employer and its employees to discuss company matters or to provide information.

Personeelsvertegenwoordiging

Employee Representation

Employee representation is the formal representation of employees within an undertaking in consultations with the employer concerning working conditions, policy and reorganisations.

Persoonlijk letsel

Personal Injury

Physical or mental injury inflicted on a person.

Persoonlijke aansprakelijkheid

Personal Liability

Liability of a natural person with their personal assets.

Persoonlijkheidsrecht

Moral Rights

Non-transferable rights of the creator to their work in copyright law.

Persoonlijkheidsrechten

Personality rights

Personality rights are the rights that protect an individual against infringements on his or her identity, privacy and personal sphere. They include, inter alia, the right to one’s image, the right to honor and good name, and protection against the unauthorized publication of personal data.

Petita

Claims

Petita are the specific claims or requests that a claimant submits to the court in proceedings.

Petitum

Relief sought

The petitum is the relief sought in a writ of summons or application, in which the claimant precisely specifies what he requires from the defendant or the court.

Pijnbestrijding

Pain Management

Medical treatment of pain, legally relevant in personal injury cases.

Piraterij

Piracy

Illegal copying or distribution of copyrighted material.

Plaatsopneming

Judicial Inspection

Inspection by the judge of the location relevant to a dispute.

Plagiaat

Plagiarism

Plagiarism is the reproduction of another person’s work without permission or source attribution and the presentation of such work as one’s own. It constitutes an infringement of copyright.

Pleegouder

Foster Parent

Person who takes on the care and upbringing of another's child.

Pleidooi

Oral Argument

Oral presentation of positions by parties during a hearing.

Pleitnota

Plea Note

Written summary of the oral argument presented during the hearing.

Plichtsverzuim

Breach of duty

Non-performance is the failure to perform a statutory or contractual obligation, or to do so in a timely or correct manner.

Ploegendienst

Shift Work

Work pattern where employees work in alternating shifts.

Pluraliteit

Plurality

Plurality is the situation in which a single act falls under multiple penal provisions.

Poging tot

Attempt

The beginning of execution of a crime that is not completed.

Polis

Insurance Policy

The written evidence of an insurance contract.

Polisblad

Policy Schedule

Document with the specific details of an individual insurance policy.

Polisvoorwaarden

Policy Conditions

The general and special conditions applicable to an insurance policy.

Politierechter

Police Judge

Single judge who handles less serious criminal cases.

Polytrauma

Severe injury to multiple body regions, often from an accident.

Portacabin-arrest

Portacabin Judgment

The Portacabin judgment is a 1997 Supreme Court decision that clarifies the criteria for the existence of an employment contract, in particular the relationship of authority.

Portretrecht

Portrait rights

The right of portrait is the right of a person to determine whether and how his or her likeness is made public.

Positieve boedel

Positive estate

A positive estate is a bankruptcy or succession estate in which the value of the assets exceeds the debts and costs.

Possessio

Possession.

Possessio is the factual control over a thing exercised with the intention of holding it as owner.

Post factum

After the fact.

Post factum means 'after the fact' and refers to an act or assessment carried out retrospectively, after the occurrence of an event.

Postblokkade

Mail Interception

Measure whereby the bankrupt's mail is redirected to the trustee.

Pre-pack

A pre-pack is a preparatory phase preceding bankruptcy, in which a prospective trustee is already involved to arrange the continuation of the business.

Precontractuele fase

Pre-contractual phase

The pre-contractual phase is the negotiation period preceding the conclusion of an agreement, during which the parties must observe the principles of reasonableness and fairness.

Predispositie

Predisposition

Existing susceptibility of the victim that increases the damage.

Preferent schuldeiser

Preferential creditor

A preferential creditor is a creditor who, in the event of bankruptcy, enjoys statutory priority in the distribution of the proceeds of the estate.

Preferente aandelen

Preference Shares

Shares giving priority in the distribution of dividends.

Preferente schuld

Preferential Debt

Claim that has priority over concurrent debts in bankruptcy.

Preferente vordering

Preferential claim

A preferential claim is a debt claim that enjoys statutory priority over ordinary claims in the event of bankruptcy or attachment.

Preferentie

Preference

Priority of a creditor in the distribution of proceeds.

Prejudiciële procedure

Preliminary Ruling Procedure

Procedure in which a court refers preliminary questions to a higher judicial authority.

Prejudiciële vraag

Preliminary Question

Legal question referred by a court to a higher judicial authority.

Prejudiciële vraag

Preliminary question

A prejudicial question is a question that a lower court refers to the Supreme Court concerning the interpretation of a legal rule in order to ensure uniformity in the administration of justice.

Preliminair verweer

Preliminary Defence

Defence raised before the substantive hearing.

Premie

Premium

The amount the policyholder pays for insurance coverage.

Premiebetaling

Premium Payment

The payment of the due premium by the policyholder.

Premierestitutie

Premium Refund

Refund of (part of) the premium upon interim termination.

Premievrijstelling

Premium Exemption

Exemption from premium payment in case of incapacity for work.

Preventiefunctie

Preventive Function

The preventive effect of the law to prevent undesirable behaviour.

Preventieve hechtenis

Pre-Trial Detention

Detention of a suspect prior to the substantive hearing of the criminal case.

Prijsafspraak

Price-Fixing Agreement

Prohibited agreement between competitors on the price of goods or services.

Prima facie

At first sight

Prima facie is a Latin term meaning "at first sight" and refers to evidence or an argument that appears sufficient on its face to support a fact or claim, unless the contrary is proved.

Primair EU-recht

Primary EU Law

The treaties forming the foundation of the European Union.

Primair besluit

Primary Decision

The original decision of an administrative body against which objection is possible.

Prior art

Prior Art

All knowledge publicly available before the filing date of a patent.

Prioriteit

Priority

Precedence of a right over other rights in case of concurrence.

Prioriteitsaandeel

Priority share

A priority share is a share that confers upon its holder special rights, such as priority in dividend distributions or the appointment of directors, as provided in the articles of association.

Privacy

The right to protection of personal life.

Pro bono

For the public good.

Pro bono is a Latin term referring to the provision of legal services by lawyers, without charge, to clients who cannot afford professional representation or to matters of public interest.

Pro deo

Legal aid

Pro deo is subsidized legal aid whereby a lawyer provides legal services to clients with insufficient financial means at a reduced rate or free of charge, with government reimbursement.

Pro forma

As a matter of form

A pro forma hearing is a formal hearing at which the case is not dealt with on its merits, but only procedural decisions are made.

Pro rata

Pro rata is a Latin term meaning “according to the rate” or “in proportion” and is used to denote a proportional distribution or calculation based on a person’s share or period of time.

Pro-forma bezwaar

Pro Forma Objection

Objection filed within the deadline without substantive grounds.

Procederen na faillissement

Litigation After Bankruptcy

The possibilities and limitations of litigation after declaration of bankruptcy.

Proces-verbaal

Official Report

Official report of an official act by a law enforcement officer or judge.

Proces-verbaal van oplevering

Minutes of Handover

A handover record is an official document in which the handover of a building or project is recorded, including its condition and any defects.

Procesbelang

Procedural Interest

The interest a party has in conducting legal proceedings.

Procesbesluit

Litigation Decision

Decision by an administrative body or legal entity to conduct proceedings.

Proceskosten

Costs of the proceedings

Costs of the proceedings are the costs incurred by the parties during legal proceedings, such as court fees and attorneys’ fees. The court may order the losing party to reimburse these costs to the prevailing party.

Procesreglement

Procedural Rules

Rules governing the course of judicial proceedings.

Procesverbaal

Official Record

Alternative spelling of official report.

Procesvolmacht

Procedural power of attorney

A specific power of attorney by which a litigant authorises a lawyer to act on their behalf in a lawsuit.

Procuratie

Procuration

Procuration is a special power of attorney by which a procurator is authorised to perform legal acts on behalf of a legal entity, often recorded in the commercial register.

Procuratiehouder

Holder of procuration

A procuratiehouder is a representative authorized by a company who is empowered to bind the company to legal acts, such as the execution of contracts.

Procureur

Procurator

Former litigation representative at the court, now replaced by the lawyer.

Productaansprakelijkheid

Product Liability

Product liability is the statutory liability of a producer for damage caused by a defect in its product. This applies irrespective of whether a contractual relationship exists between the producer and the injured party.

Producties

Exhibits

Documentary evidence attached to a procedural document.

Productnaam

Product Name

The name under which a product is marketed.

Proefperiode

Trial Period

Period at the start of an employment contract during which both parties may terminate immediately.

Proeftijd

Probationary Period

See trial period; statutory regulation of the probationary period in employment law.

Proeftijd (straf)

Probation Period (Criminal)

Period during which a convicted person must comply with conditions under a suspended sentence.

Proeftijdbeding

Probationary Period Clause

A probationary clause is a provision in an employment contract by which a probationary period is agreed, during which both the employer and the employee may terminate the contract with immediate effect.

Prolongatie

Prolongation

Extension of an agreement or deadline.

Proportionaliteitsbeginsel (EU)

Principle of Proportionality (EU)

EU principle that measures may not go beyond what is necessary for the intended objective.

Proportionele aansprakelijkheid

Proportional Liability

Liability in proportion to the probability that the damage was caused by the liable party.

Proportionele causaliteit

Proportional Causation

Doctrine whereby the causal connection is proportionally established in case of uncertainty.

Prorogatie

Prorogation

Agreement between parties to submit a dispute to a different court.

Protocollen

Protocols

Supplementary treaties or rules accompanying a main treaty or regulation.

Provinciale Staten

Provincial Council

The representative body of a province in the Netherlands.

Provisie

Commission

Fee received by an intermediary for arranging an agreement.

Psychisch letsel

Psychological Injury

Mental damage resulting from a traumatic event or unlawful conduct.

Psycholoog

Psychologist

Healthcare professional who diagnoses and treats mental health conditions.

Publicatieplicht

Publication obligation

The publication obligation is the statutory duty of legal persons to make certain information, such as the annual accounts, publicly available through the Trade Register.

Publicatierecht

Right of Publication

The right to make a work public or to publish it.

Publiekrecht

Public Law

Public law is the body of legal rules governing the relationship between the public authorities and citizens, including constitutional law, administrative law and criminal law.

Puntenstelsel

Points System

System for determining the maximum rent of social housing.