Stilzwijging

Stilzwijging is a Dutch term that refers to a phenomenon in which one party in a social, contractual, or legal context remains silent or does not object, and that silence is interpreted as an indicator of consent, assent, or acceptance. The interpretation of stilzwijging is highly contextual and depends on norms, prior conduct, and the specific legal framework involved.

In legal and contractual settings stilzwijging can take the form of tacit consent or tacit acceptance; however, in many cases silence alone is not sufficient to establish a binding agreement, and explicit consent is preferred. When a party has a duty to respond or to object within a specified timeframe, silence may be legally significant only if the applicable rules recognize it as consent.

In organizational and administrative contexts stilzwijging describes a communication pattern in which concerns, objections, or refusals are not voiced, often due to power imbalances, perceived futility, or social norms. This can lead to misunderstandings or a drift toward unwritten terms, policies, or practices. Critics warn that relying on silence as a signal can undermine accountability and informed decision-making; clear procedures for objections, amendments, or approvals help reduce these risks.

Stilzwijging is related to concepts such as tacit consent, tacit approval, and inaction. Its relevance and effect differ by jurisdiction and context, and it is not a universal substitute for explicit agreement.