stilzwijgende

Stilzwijgende is a Dutch adjective describing something that is tacit, implied, or accepted without an explicit statement or formal agreement. The term derives from stil (silent) and zwijgen (to remain silent) and is used to indicate understanding or consent that arises from conduct or surrounding circumstances rather than from a direct declaration.

In usage, stilzwijgende describes consent, agreement, or authority inferred from actions or inactions. The concept is common in contract law, administrative practice, and everyday negotiation, where parties may establish a stilzwijgende overeenkomst or stilzwijgende toestemming by continuing to act in accordance with assumed terms.

In legal contexts, stilzwijgende consent can be binding if the parties’ conduct reasonably indicates assent and there is no contrary indication. It also carries risks: silence can be ambiguous, and different interpretations may lead to disputes about whether true consent or authorization existed. Because of this ambiguity, many jurisdictions emphasize explicit consent for significant actions, while stilzwijgende arrangements are more reliably inferred in routine or long-standing practices.

Related terms include impliciet (implied), tacit, and inferred. Stilzwijgende forms appear in phrases such as stilzwijgende toestemming, stilzwijgende goedkeuring, and stilzwijgende verlenging van een contract, where the absence of protest or explicit objection effectively finalizes an arrangement. Usage tends to be more common in formal Dutch writings, legal opinions, and policy discussions than in casual speech.