rechtsbevoegdheid

Rechtsbevoegdheid is a term in Dutch law that denotes the legal authority and capacity to perform acts with legal consequences. It concerns who may take binding legal actions, represent another person or entity, or decide in a given matter. The concept applies to natural persons as well as to legal persons and is defined by statute, charter, or appointment.

The term is distinct from related notions such as handelingsbekwaamheid (capacity to act) and from general bevoegdheid (competence or authority). In practice, rechtsbevoegdheid is exercised through roles, offices, or instruments such as employment, appointment, or authorization. A company has legal capacity, and its directors have the right to represent the company, typically to the extent allowed by the corporate charter and by law, often via volmacht (power of attorney).

Acquisition and limits: For individuals, basic legal capacity is established by birth, though restrictions can apply (such as guardianship or minors’ limitations). For organizations, rechtsbevoegdheid arises from registration or incorporation. Acts beyond granted rechtsbevoegdheid may be void or subject to annulment unless supported by a valid mandate or power of attorney.

Examples: The court’s rechtsbevoegdheid to decide disputes; a notary’s rechtsbevoegdheid to draft and certify authentic instruments; an employee acting under a volmacht to sign contracts for the employer.

See also: jurisdiction, mandate, power of attorney, capacity to contract.