bilijkheidseis

Bilijkheidseis is a term used in Dutch-language legal discourse to describe a claim or demand grounded in the principle of billijkheid, or fairness. The word combines billijkheid (fairness, equity) with eis (claim, demand), and is employed to seek a remedy that aligns with reasonable and just outcomes when strict application of the law would produce an inequitable result.

In practice, a billijkheidseis serves as a basis for adjusting rights or obligations to avoid an unjust outcome. It is often discussed in relation to but distinct from codified rights and contractual clauses; where the letter of the law may be rigid, the fairness principle allows courts to tailor relief. A closely related concept is the billijkheidsvordering, a court-initiated or requested remedy that implements equity in remedy or burden distribution, sometimes invoked through a billijkheidseis.

Contexts where a billijkheidseis might be invoked include contract performance under changing circumstances, disproportionate burdens on one party, or adjustments in situations of co-ownership, unjust enrichment, or procedural fairness. Critics caution that equity-based claims can introduce uncertainty unless anchored in doctrine or jurisprudence, while supporters argue they provide necessary flexibility to achieve just results.

The term emphasizes a balancing function in Dutch civil and administrative practice, complementing explicit legal rights with the broader aim of fair treatment. See also billijkheid, billijkheidsvordering, and equity in Dutch law.