rechtsgronden

Rechtsgronden is a Dutch term referring to the legal grounds or bases on which a party relies to substantiate a claim or a defense in legal proceedings. They connect the facts alleged in a case to the applicable law and indicate which rules the court should apply. In Dutch civil procedure, a claim is typically founded on both facts (feiten) and rechtsgronden, with the latter specifying the legal basis for relief.

Rechtsgronden are used to show that the facts qualify under a recognized legal rule. Common examples include breach of contract (contractenrecht), an unjustified act causing harm (onrechtmatige daad), or a statutory entitlement arising from a specific law. Defendants likewise may invoke rechtsgronden to justify a defense, such as prescription, lack of legal basis, or the illegality of the contested decision under administrative law.

Types of rechtsgronden can derive from different sources: statutory provisions (wettelijke bepalingen), contractual clauses (overeenkomst en algemene voorwaarden), or general principles of law (algemene rechtsbeginselen). They may also incorporate relevant case law or regulatory principles. The precise articulation of the rechtsgronden is important for determining the applicable legal standard and the scope of the dispute.

In practice, the pleader must articulate the rechtsgronden clearly so the court can assess whether the facts sustain the requested remedy. If the grounds are lacking or improperly formulated, the claim or defense risks dismissal or dismissal of parts of the claim. Thus, rechtsgronden are fundamental to the structure, predictability, and efficiency of civil litigation.