This content is exclusively provided by FAO / FAOLEX

Civil Code of the Netherlands.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
The most important Act of Dutch civil law is the Civil Code, whose original version was based upon the Napoleonic Code and largely revised in 1992. It deals with the core areas of national private law and is for this purpose classified into ten Books, as follows: 1) Persons and Family Law; 2) Legal Persons; 3) Property Law in General; 4) Succession (Inheritance); 5) Real Property Rights; 6) Obligations and Contracts; 7) Particular Contracts; 8)Transport Law; 9) Intellectual Property; 10) Private International Law.
OWNERSHIP AND PROPERTY RIGHTS. Book 3 lays down general provisions on property law, including: bookkeeping and registration of registered property, acquisition and loss of property, possession, community of property, fiduciary administration of property. Specific rules apply to usufruct; real security rights cover pledge and mortgage. Book 5 concerns real propery rights, namely: easement, long leasehold, right of superficies and aparments rights.
INHERITANCE. Book 4 on law of succession is structured into six Titles, as follows: I) General provisions; II) Intestate succession; III) Intestate succession in the relation between the spouse and the children of the deceased; IV) The last will of the deceased; V) Last wills of various types; VI) Consequences of a succession.
OBLIGATIONS AND CONTRACTS. Book 6 concerns the law of obligations. It defines the concept of "obligation2 as follows: "a specific legal relationship between in principle two persons, the creditor on the one hand and the debtor on the other, that is created either by agreement (contract) or by operation of law, in the latter case as soon as an event occurs which makes it desirable to standards of social opinion, as captured in law, that one person obtains a right to a performance which has to be carried out by another person (tortious act, benevolent intervention in another's affairs, undue performance, unjustified enrichement)." Contracts are regulated by general provisions under Book 6 and by special provisions under Book 7. The latter contains rules applicable to sale and exchange, donation, credit contracts for consumers, lease, loan and employment, among others. It is worth noticing articles 311-399 relating to farm lease: under a farm lease agreement one of the parties (the lessor) is engaged towards the other party (the lessee) to grant the use of an immovable thing or a part of such a thing in order to run a farm on it, opposite to which the lessee engages himself to perform a counter performance.
WATER. As to water resources, Book 5 on property rights contains provisions concerning waterways (the State is presumed to be the owner of the bottom of public waterways), wastewater (water that by nature streams downwards from higher located premises must be received by lower located premises) and the necessary water supply system (the owner of land who wants to receive by means of a supply system water that is at his disposal at another place, may demand that the owners of the neighbouring lands tolerate that the pipes of this system go under, through or over their lands, against the payment in advance of compensatory damages or the provision of security for this purpose).
Repealed
No
Source language

English

Legislation Amendment
No