What is a declaratory judgment (verklaring voor recht) under Dutch law?

Dutch term: Verklaring voor recht | Legal basis: Article 3:302 BW

A declaratory judgment (verklaring voor recht) under article 3:302 of the Dutch Civil Code is a court ruling that establishes a legal relationship or a legal fact without ordering any specific performance or payment. The claimant must have a sufficient interest in the declaration, and the declaration must relate to a legal relationship involving the claimant.

Declaratory judgments are commonly used to establish liability in principle before proceeding to a separate damages assessment, to confirm the validity or invalidity of a contract, to establish ownership or other property rights, or to resolve a dispute about the interpretation of a contractual provision.

Why it matters for international businesses

For international businesses, a declaratory judgment can be a strategic tool to obtain legal certainty on a contested point without the cost and commitment of a full performance or damages claim.