Dutch legal terms in English: a glossary for businesses

Published on 13 November 2026

Dutch legal terms in English do not always map onto a term from your own legal system, so this glossary explains 32 terms from Dutch summonses, contracts and court documents, each with its legal basis. As a Dutch litigation lawyer at MAAK Advocaten in Amsterdam, I help foreign companies decide what a term means for their case before they act.

This glossary is for foreign business owners and in-house counsel who receive a Dutch document and want to know what it requires. Each entry is short; where we have a page on the term, the entry links to it. For the wider picture, see commercial contracts in the Netherlands.

Which court and procedure terms will you meet in a Dutch summons?

A Dutch civil case can start with a writ of summons served by a bailiff and is heard by a district court, with appeal to a court of appeal. The terms below follow that route (Article 111 Dutch Code of Civil Procedure).

Rechtbank (district court)

The rechtbank is the Dutch district court, where most court cases start. The Netherlands has eleven district courts, each covering its own region. Our guide to civil court proceedings in the Netherlands follows a case from summons to judgment.

Kantonrechter (cantonal judge)

The kantonrechter is a judge of the district court who hears smaller claims and certain types of case, including claims up to EUR 25,000 and cases about agency, rental and consumer sale contracts (Article 93 Dutch Code of Civil Procedure).

Gerechtshof (court of appeal)

A gerechtshof is a Dutch court of appeal. The Netherlands has four courts of appeal. An appeal against a district court judgment is called hoger beroep, and the term is three months from the judgment (Article 339(1) Dutch Code of Civil Procedure). See appeal proceedings in the Netherlands.

Hoge Raad (Supreme Court)

The Hoge Raad is the highest court of the Netherlands in civil, criminal and tax cases. As a court of cassation it checks whether the lower court applied the law correctly and followed the right procedure (Rechtspraak.nl).

Dagvaarding (writ of summons)

A dagvaarding is the writ of summons that brings a claim before a court (Article 111). The period is at least one week, and for a defendant abroad at least four weeks in certain European states and three months elsewhere, unless the writ is served in the Netherlands in person or at a chosen domicile (Articles 114 and 115). See Dutch writ of summons.

Verstek (default judgment)

Verstek means that the defendant did not appear as the summons prescribed. The court then rules in default and grants the claim unless it seems unlawful or unfounded (Article 139 Dutch Code of Civil Procedure). Our page on default and default judgments under Dutch law explains the consequences.

Verzet (opposition)

Verzet is opposition against a default judgment, brought by a writ of summons. The term is four weeks after the judgment was served on you in person, or after an act that shows you knew of it, and eight weeks if you are known to live abroad (Article 143(2) Dutch Code of Civil Procedure).

Kort geding (summary proceedings)

Kort geding means summary proceedings: a fast court procedure for urgent matters in which an immediate provisional measure is needed. The voorzieningenrechter, the judge in summary proceedings, can order it (Article 254(1) Dutch Code of Civil Procedure). An appeal against a kort geding judgment must be filed within four weeks (Article 339(2)). See summary proceedings in the Netherlands.

Procesvertegenwoordiging (representation by a lawyer)

Procesvertegenwoordiging means that in most Dutch civil cases you cannot appear in person: an advocaat must act for you. Before the cantonal judge, parties may conduct the case themselves; in all other cases they must act through an advocaat (Article 79 Dutch Code of Civil Procedure). Read more on legal representation in the Netherlands.

Griffierecht (court fee)

Griffierecht is the court fee. In a case started by summons, each claimant and each defendant who appears pays it per instance on the first docket date (Article 3 Court Fees in Civil Cases Act). The amounts can be changed every January (Article 2). See legal costs in the Netherlands.

Proceskostenveroordeling (costs order)

A proceskostenveroordeling is a court order to pay the other side’s costs of the proceedings, in the amount the court sets. The party that loses is ordered to pay them, although the court may offset the costs in certain cases, for example when each side loses on some points (Article 237(1) Dutch Code of Civil Procedure).

Has your company received a Dutch summons or a kort geding? Send me the document through our page for a Dutch contract lawyer. I will tell you which date counts first and which step to take before it.

Which contract and liability terms decide a Dutch commercial dispute?

Most commercial disputes turn on a few Civil Code concepts: failure to perform, notice of default, termination and damages. They sit in Book 6, starting with the liability rule in Article 6:74 Dutch Civil Code.

Wanprestatie (breach of contract)

Wanprestatie is the usual Dutch term for breach of contract; the Code speaks of a tekortkoming. Any failure to perform an obligation obliges the debtor to compensate the creditor’s loss, unless the failure cannot be attributed to the debtor (Article 6:74(1) Dutch Civil Code). See breach of contract under Dutch law.

Ingebrekestelling (notice of default)

An ingebrekestelling is a written notice that gives the debtor a reasonable period to perform. Default (verzuim) begins if performance still does not follow within that period (Article 6:82(1) Dutch Civil Code). Our page explains how to write a demand letter under Dutch law.

Overmacht (force majeure)

Overmacht is the term usually translated as force majeure. In the Civil Code the question is whether a failure can be attributed to the debtor. It cannot if it is not due to the debtor’s fault and does not fall at its risk by law, by a legal act or by prevailing views (Article 6:75 Dutch Civil Code). See force majeure in the Netherlands.

Ontbinding (termination for breach)

Ontbinding is termination of a contract for breach, in whole or in part. Any failure to perform gives the other party that power, unless the failure, given its special nature or minor significance, does not justify termination and its consequences (Article 6:265(1) Dutch Civil Code). Our page covers the legal criteria for termination for breach.

Schadevergoeding (damages)

Schadevergoeding is compensation for loss. Financial loss covers both loss suffered and lost profit, and reasonable costs of preventing or limiting the loss also qualify (Article 6:96(1) and (2)(a) Dutch Civil Code). See our page on claims for damages under Dutch law.

Eigen schuld (own fault of the injured party)

Eigen schuld means that the loss is partly the result of a circumstance attributable to the injured party. The court then divides the loss in proportion to each side’s contribution, and may depart from that if fairness requires (Article 6:101(1) Dutch Civil Code). See our page on limiting your loss under Dutch law.

Algemene voorwaarden (general terms and conditions)

Algemene voorwaarden are one or more clauses drawn up to be included in a number of contracts, other than clauses that state the core of the performances in a clear and understandable way (Article 6:231(a) Dutch Civil Code). Read general terms and conditions in the Netherlands.

Redelijkheid en billijkheid (reasonableness and fairness)

Redelijkheid en billijkheid is the Dutch standard of reasonableness and fairness. It can add legal effects to a contract, and it can set aside a rule that applies between the parties as a result of the contract if applying it would be unacceptable in the circumstances (Article 6:248(1) and (2) Dutch Civil Code). See reasonableness and fairness in Dutch law.

Dwaling (mistake)

Dwaling is mistake. A contract concluded under the influence of a mistake, and that would not have been concluded on a correct view of the facts, can be annulled in the cases listed in Article 6:228(1) Dutch Civil Code, for example when the mistake is due to information from the other party.

Which company terms matter when your counterparty is a Dutch company?

A Dutch limited liability company is a BV or an NV. Shareholders are not personally liable for what is done in the company’s name (Article 2:175(1) and Article 2:64(1) Dutch Civil Code), but the directors carry duties.

BV (private limited liability company)

A BV, short for besloten vennootschap met beperkte aansprakelijkheid, is a company whose capital is divided into transferable registered shares. It is formed by notarial deed (Article 2:175 Dutch Civil Code). Our guide explains setting up a Dutch BV.

NV (public limited liability company)

An NV, short for naamloze vennootschap, is a company with its capital divided into transferable shares. Like the BV it is formed by notarial deed (Article 2:64(2) Dutch Civil Code), but it has its own set of rules in Book 2.

KvK (Chamber of Commerce)

The KvK, the Kamer van Koophandel, keeps the handelsregister, the Dutch trade register of businesses and legal entities (Article 3 Trade Register Act 2007). See the Dutch business register or the KvK website.

Bestuurder (managing director)

A bestuurder is a managing director, a member of the management board. Unless the articles of association limit it, the board runs a BV (Article 2:239(1) Dutch Civil Code), and each director owes the company proper performance of the task (Article 2:9). See director liability in the Netherlands.

Which debt collection and enforcement terms apply when a Dutch debtor does not pay?

Enforcement in the Netherlands requires an executoriale titel, such as a court judgment, that has been served on the debtor (Article 430 Dutch Code of Civil Procedure). The terms below cover the steps before and after that title.

Faillissement (bankruptcy)

Faillissement is bankruptcy. A debtor who has stopped paying is declared bankrupt by court judgment, on its own filing or at the request of creditors (Article 1(1) Bankruptcy Act). The judgment appoints a supervisory judge, the rechter-commissaris, and a trustee, the curator (Article 14(1)). See bankruptcy in the Netherlands.

Surseance van betaling (suspension of payments)

Surseance van betaling is suspension of payments. A debtor who foresees that it cannot keep paying its due debts can apply for it (Article 214(1) Bankruptcy Act). The court grants it provisionally and appoints an administrator, the bewindvoerder (Article 215(2)). It is not the right to suspend your own performance.

Beslag (attachment)

Beslag is attachment: seizure of assets. Conservatory attachment, which secures a claim before judgment, needs leave from the judge in summary proceedings of the district court (Article 700(1) Dutch Code of Civil Procedure). Read about prejudgment attachment in the Netherlands.

Executoriale titel (enforceable title)

An executoriale titel is an enforceable title: a Dutch judgment, court order or authentic deed that can be enforced once served (Article 430). A foreign judgment can be enforced in the Netherlands only if a treaty or statute allows it, by the procedure that applies (Articles 431(1) and 985 Dutch Code of Civil Procedure). See enforcement of a judgment in the Netherlands.

Gerechtsdeurwaarder (bailiff)

A gerechtsdeurwaarder is a bailiff, a public officer. The bailiff serves writs of summons and carries out attachments, evictions and executory sales (Article 2(1) Court Bailiffs Act). See bailiffs and debt collection in the Netherlands.

Which terms cover legal representation and ways to settle a dispute?

In the Netherlands you act in court through an advocaat, enrolled on the register of the Netherlands Bar Association (Article 1(1) Advocatenwet). A dispute can end in a court judgment or in a settlement, with or without a neutral third party.

Advocaat (lawyer)

An advocaat is a Dutch lawyer on the register of the Netherlands Bar Association. In most civil cases only an advocaat can act for you in court (Article 79). Only a lawyer enrolled on that register may use the title (Article 9a Advocatenwet), so check it before you instruct someone.

Mediation

Mediation is a voluntary negotiation in which a neutral mediator helps the parties reach their own settlement; the mediator does not decide. A settlement reached through mediation can take the form of a settlement agreement, a vaststellingsovereenkomst (Article 7:900(1) Dutch Civil Code). See mediation in the Netherlands and binding advice.

Bindend advies (binding advice)

Bindend advies is binding advice: the parties agree in advance to be bound by the decision of a third party, such as an expert. A settlement can rest on a decision entrusted to a third party (Article 7:900(2) Dutch Civil Code). Arbitration falls outside that title (Article 7:900(4)).

When should you instruct a Dutch lawyer?

As soon as a document uses one of these terms together with a date or a deadline: a summons, a notice of default, an attachment or a bankruptcy petition. In most civil cases a Dutch advocaat must act for you in court (Article 79).

My first step with a Dutch document is to find the date, not the term. The legal words come second, and we explain them to you. What a term requires from you depends on your contract and the facts, so I assess that per file.

How does MAAK Advocaten work with foreign companies on Dutch documents?

For foreign companies with a Dutch summons, contract or notice, we work in four steps:

1. we read the document with you and note every date;
2. we explain the terms in English and what each requires from you;
3. we secure the deadlines and prepare the reply;
4. we negotiate or act in summary proceedings and proceedings on the merits, at first instance and on appeal.

Frequently asked questions about Dutch legal terms

What is a kort geding?

A kort geding is a Dutch summary proceeding: a fast court procedure in which a judge can order an immediate provisional measure in urgent matters (Article 254(1) Dutch Code of Civil Procedure). An appeal against the judgment must be filed within four weeks (Article 339(2)).

What does verstek mean on a Dutch summons?

Verstek means default. If you do not appear as the summons prescribes, the court grants the claim in default unless it seems unlawful or unfounded (Article 139 Dutch Code of Civil Procedure). Opposition, called verzet, has a term of four weeks in the usual case (Article 143(2)).

Do I need a Dutch lawyer to defend a claim in the Netherlands?

In most civil cases you do. Parties cannot appear in person and must act through an advocaat, except before the cantonal judge (Article 79 Dutch Code of Civil Procedure).

What do a BV and an NV have in common?

Both are Dutch limited liability companies with transferable shares, and in both the shareholder is not personally liable for what is done in the company’s name (Article 2:175(1) and Article 2:64(1) Dutch Civil Code). Each has its own set of rules in Book 2.

When should I have a Dutch lawyer look at a Dutch legal document?

Before a date in the document passes, and before you reply, sign or pay. Which term applies and what it requires of you depends on the document and the facts, so it needs a legal assessment. At MAAK Advocaten in Amsterdam we make that assessment and act at first instance and on appeal.

Primary sources

• Dutch Code of Civil Procedure, Articles 79, 93, 111, 114, 115, 139, 143, 237, 254, 339, 430, 431, 985 and 700
• Dutch Civil Code, Book 6, Articles 6:74, 6:75, 6:82, 6:96, 6:101, 6:228, 6:231, 6:248 and 6:265
• Dutch Civil Code, Book 2, Articles 2:9, 2:64, 2:175, 2:239 and 2:248; Book 7, Article 7:900
• Bankruptcy Act, Articles 1, 14, 214 and 215
• Court Fees in Civil Cases Act, Articles 2 and 3
• Court Bailiffs Act, Article 2
• Advocatenwet, Articles 1 and 9a
• Trade Register Act 2007, Article 3
• Rechtspraak.nl: district courts, courts of appeal and Supreme Court

Is a Dutch document on your desk with terms you do not recognise? Put it to me before a date passes: call +31 20 210 31 38 or send your question through our page for a Dutch contract lawyer.