Subbepalingen

Subbepalingen are subordinate provisions embedded within a main provision in legal texts, contracts, or regulations. They add detail, conditions, exceptions, or steps that apply to the principal obligation or rule. The term is commonly used in Dutch legal drafting as part of a hierarchical organization of text, where a hoofd-bepaling (main provision) may be accompanied by one or more subbepalingen.

Subbepalingen serve to clarify, qualify, or limit the effect of the main clause. They can specify timelines, responsibilities, risk allocation, payment terms, procedural steps, or criteria for fulfilment. They are usually numbered or lettered and cross-referenced so they are interpreted together with the associated main provision.

Interpretation and drafting: Subbepalingen must be consistent with the main provision; if there is a conflict, the main provision governs unless the subbepalingen states a clear and contrary rule. Good drafting aims for precision, avoids redundancy, and ensures that cross-references are accurate. In multilingual or international contexts, alignment with jurisdictional rules on interpretation is important.

Usage: Common in contract law, regulatory texts, company bylaws, and legislative drafting. Typical examples include definitions of delivery deadlines, conditions precedent, inspection rights, and remedies tied to the main obligation.

See also: bepaling, clausule, subclausule, hoofd-bepaling.