1. 25.euro 



The euro is referred to in English as follows:


As a rule, the euro symbol is used instead of the currency code EUR. For other currencies, the currency code is used.


The term eurocents is not used in English.


The term euro is not normally capitalized. This is in line with the non-capitalization of dollar and pound.


    1. 26.gender 



A company is always ‘it’ in English and never ‘she’.


You should avoid writing ‘he, she or it’. For example, you can define the term shareholder to include natural persons and legal entities and then always use the term shareholder.


It is inappropriate to use the personal pronouns ‘he’ or ‘his’ to refer to a person whose gender might be male or female. English has a number of gender-neutral words such as ‘person’, as well as a number of gender-neutral pronouns such as ‘anyone’, ‘everyone’ and ‘no one’. There are several ways to avoid this:


    1. 27.gevestigd te 



In its Articles of Association, a Dutch company identifies a municipality in the Netherlands as the zetel (i.e. the seat) where it is gevestigd (i.e. established).


Statutair does not mean statutory. It means under the Articles of Association.


For gevestigd te, it may be clearer to say ‘having its seat at’. You could also say ‘corporate seat’ or ‘official seat’ instead of just seat.


For statutair gevestigd te, it may be clearer to say ‘having its seat at X under its articles of association’ or ‘pursuant to its articles of association having its seat at X’.


    1. 28.here-, there- and where- words 



Words like hereof, thereof and whereof (and further derivatives ending in –at, -in, -after, -before, -with, -by, -above, -on, -upon, etc) are not often used in ordinary English. They are used in legal English primarily as a way of avoiding repetition of names of things in the document.


E.g., the parties hereto; instead of: the parties to this contract.


Or, the provisions contained hereinafter; instead of: the provisions referred to later on in this contract.


However, in most cases the use of such words is strictly unnecessary or can be rendered unnecessary by the use of definitions. Here-, there- and where- words persist in modern legal usage largely as a consequence of legal tradition rather than usefulness.


Here is a list of some of these words and the way in which they are used.


Hereafter means from now on or at some time in the future. E.g., the contract is effective hereafter.


Hereat means (1) at this place or point or (2) on account of or after this. E.g., hereat the stream divided.


Hereby means by this means; as a result of this. E.g., the parties hereby declare.


Herefrom means from this place or point. E.g., the goods shall be collected herefrom.


Herein means in this document or matter. E.g., the terms referred to herein.


Hereinabove means previously in this document or matter. E.g., hereinafter referred to as the Company.


Hereinafter means later referred to in this matter or document. E.g., hereinafter referred to as the Company.


Hereinbefore means previously in this document or matter. E.g., the products hereinbefore described.


Hereof means of this matter or document. E.g., the parties hereof.

Hereto means to this place or to this matter or document. E.g., the parties hereto.


Heretofore means before now. E.g., the parties have had no business dealings heretofore.


Hereunder means later referred to in this matter or document. E.g., the exemptions referred to hereunder.


Herewith means with this letter or document. E.g., I enclose herewith the plan.


Thereof means of the thing just mentioned. E.g., the contract was signed on 1 May 1999. The parties thereof …


Thereafter means after that time. E.g., the products shall be transported to The Grange. Thereafter, they shall be stored in a warehouse.


Thereat means (1) at that place or (2) on account of or after that. E.g., thereat, payments shall cease.


Thereby means by that means; as a result of that. E.g., the parties hereby agree.


Therein means in that place, document or respect. E.g., the parties shall refer to the contract dated 1 May 1999. It is agreed therein that …


Thereinafter means later referred to in that matter or document. E.g., thereinafter, it is agreed that …


Thereof means of the thing just mentioned. E.g., reference is made in paragraph 5 to the contract dated 1 May 1999. The parties thereof agreed that …


Thereon means on or following from the think just mentioned. E.g., the machine rests on a wooden block. There is place thereon a metal bracket …


Thereto means to that place or to that matter or document. E.g., the parties thereto.


Therefor means for that. E.g., the equipment shall be delivered on 13 September 2003. The Company agrees to pay therefore the sum of € 150,000.


Thereupon means immediately or shortly after that. E.g., delivery shall take place on 13 September 2003. Thereupon the equipment shall be stored in the Company’s warehouse.


Whereabouts means the place where someone or something is. E.g., the Company shall be kept informed as to the whereabouts of the products.


Whereat means at which. E.g., the seller attempted to charge extra interest on later payment, whereat the buyer objected.


Whereby means by which. E.g., the contract dated 1 May 1999, whereby the Company agreed to purchase the products.


Wherefore means as a result of which. E.g., the buyer breached the contract, wherefore the seller suffered damage.


Wherein means (1) in which, or (2) in which place or respect. E.g., the contract dated 1 May 1999, wherein it is stated that …


Whereof means of what or of which. E.g., the Company one of the directors whereof is a foreign national.  


    1. 29.hyphens 



Avoid the practice of leaving a hyphen at the end of a word.




    1. 30.in case / in the case of 



In case = voor het geval dat


Don’t fall into the common trap of using ‘in case’ when you mean ‘if’.


Use of ‘in case’ in legal sentences:


‘In case of’ means ‘in the event of’, whereas ‘in the case of’ has a broader usage.



    1. 31.kort geding 



Translations of kort geding include:


There is no equivalent of a kort geding in the Anglo-American legal system. It is recommended that an explanation be included.


    1. 32.Latin 



Black’s law Dictionary is the best place to look up unfamiliar Latin expressions.


Here is a list of some common Latin terms used by English-speaking lawyers.

* a posteriori                        * a priori                        * ad hoc

* ad infinitum                        * alibi                                * ca.       

* cf.                                * consensus ad idem                * corpus delicti

* de facto                        * de novo                        * de jure

* de minimis                        * e.g.                                * et al.

* etc.                                * ex gratia                        * ex officio

* ex parte                        * ex post facto                        * i.e.

* ibid.                                * in camera                        * in re

* in rem                        * in situ                        * inter alia

* ipso facto                        * male fides                        * mea culpa       

* mens rea                        * modus operandi                * mutatis mutandis

* non sequitur                        * op. cit.                        * pari passu

* per capita                        * per diem                        * per se

* persona non grata                * post mortem                        * prima facie

* pro bono                        * pro forma                        * pro rata

* quorum                        * sine die                        *sine qua non

* status quo                        * sui generic                        * ultra vires       

* verbatim                        * vice versa                        * vide


Latin terms that could appear in correspondence include:

* carpe diem   * caveat emptor  * quid pro quo


The Latin expressions used by English lawyers are not the same as those used by Dutch lawyers. For example, casu quo isn’t defined in English dictionaries.


Latin and other non-English terms should be italicised.


    1. 33.may 



‘May’ is used in legal English in two ways: to express entitlement or to express possibility.


May to express entitlement

In contracts ‘may’ is used to indicate discretion.


As a matter of style, ‘may’ is preferred to similar terms such as ‘is entitled to’ and ‘is allowed to’. In legal English, ‘can’ is best reserved for use in the sense of ‘is able to’ or ‘is capable of’.


May to express possibility

‘May’ is also used in English to mean ‘possibly’, ‘possibly is’ or ‘possibly will’.


‘’May not’ can mean either ‘not entitled to’ or ‘perhaps will not’ and it is unclear which verb the ‘not’ modifies. It is therefore better to use:



    1. 34.names in international correspondence / titles 



The usual convention in English is not to include degrees and titles with your name in daily correspondence. ‘Prof.’ and ‘Dr’ are the only titles generally used in English.


Most English speakers would not know what to make of ‘mw. mr. drs. W.G.L.A. van de Ven’ or ‘mrs Jan Smit en Pieter Bode’.


It is recommended that you use a professional name for your international work and use it consistently, such as: Wilhelmina van de Ven. Many international lawyers use both their first and last names and not a long series of initials.


Women should indicate whether they wish to be addressed as Mrs, Miss or Ms.


English speakers usually use their first names almost immediately.


    1. 35.notaris  



There is no consensus in the Netherlands on what a notary is to be called in English. KNB uses the term notary on the English section of its website and provides no guidance on this issue.


Many Dutch notary’s prefer to be called a ‘civil-law notary’ in English to distinguish their profession from that of common-law notaries.


    1. 36.onder andere 



A good translation of onder andere, is ‘amongst other things’, set in commas.


In formal legal writing, inter alia is often used.


The abbreviations a.o. and i.a. are not used in English.


The position of the phrase ‘inter alia’ or ‘amongst others’ in the sentence is important. The following sentences have different meanings:





    1. 37.ondernemer 



‘Undertaker’ is not a good translation for ondernemer. An undertaker is a person whose business is preparing dead bodies for burial.


‘Entrepreneur’ is often used to translate ondernemer, but the core meaning of entrepreneur is a person who sets up a business taking greater than normal financial risks to do so. The term entrepreneur is not often used for an established business owner.


Other suggested translations for ondernemer are:



    1. 38.onderneming 



The appropriate English translation for onderneming depends on the context.


Undertaking is the term used to translate onderneming in the English versions of the Dutch Civil Code and some EC legislation.


Although an undertaking can be defined as a company or business, English-speaking lawyers usually think of an undertaking as a formal pledge or promise to do something.


Enterprise can also mean company or business, although it is usually used in the context of a project or undertaking that is difficult or requires effort.


Suggestions for the translation of onderneming include:


    1. 39.Phrasal verbs  



Phrasal verbs are phrases which consist of a verb used together with an adverb (e.g. break down) or a preposition (e.g. call for) or both (e.g. put up with). They are often found in legal English. For example, account for, enter into, serve upon and put down.


Phrasal verbs can cause particular problems for non-native speakers of English where the verbs used have ordinary meanings when used without an adverb or preposition, but form an idiom when used with an adverb or preposition. In such cases the literal meaning of the words differs from the real meaning. For example, the phrasal verb to brush up on means to practise or study something in order to get back the skill or knowledge you had in the past but have not used for some time.

    1. 40.procedure / proceedings 



Procedure refers to the formal manner in which legal proceedings are conducted. Do not use procedure to refer to a law suit.


Proceedings is a useful and acceptable translation for the Dutch term procedure. However, there are other terms such as litigation, action, case, suit, application, prosecution, hearing, trial, motion, etc.


Terms to use with proceedings: