Book 10 Dutch Civil Code
Private International Law

• Title 10.1 General provisions
  (Articles 1-17)
  • Article 10:1 Conventions and Community legislation remain effective
  • Article 10:2 Application ex officio
  • Article 10:3 Dutch law of civil procedures
  • Article 10:4 Preliminary question to be answered first
  • Article 10:5 Meaning of 'application of the law of a State'
  • Article 10:6 Conflict with Dutch public order
  • Article 10:7 Application of special mandatory law
  • Article 10:8 Close connection of a case with a State
  • Article 10:9 Unacceptable violation of parties’ confidence or of legal certainty
  • Article 10:10 Choice of law
  • Article 10:11 Legal incapacity of minors
  • Article 10:12 Juridical act subject to formal requirements
  • Article 10:13 Legal presumption and burden of proof
  • Article 10:14 Prescription and existence of rights and legal claims (rights of action)
  • Article 10:15 More legal systems within one State
  • Article 10:16 Natural person without (an ascertained) nationality
  • Article 10:17 Civil status of aliens
• Title 10.2 Name
  (Articles 18 - 26)
  • Article 10:18 Implementation of the Munich Convention on Names
  • Article 10:19 Applicable law for the determination of the names of an alien (foreigner)
  • Article 10:20 Applicable law for the determination of the names of a person of Dutch nationality
  • Article 10:21 Additional mark in the birth certificate of a person with more than one nationality
  • Article 10:22 Applicable law in case of a change of nationality
  • Article 10:23 Application of Dutch law when it is impossible to determine the foreign law applicable
  • Article 10:24 Recognition of names and a change of name established outside the Netherlands
  • Article 10:25 Determination of names of a child that has the Dutch nationality (choice of name)
  • Article 10:26 Transitional law
• Title 10.3 Marriage
  (Articles 27 - 59)
  • Section 10.3.1 Contracting and recognition of the validity of marriages (27 – 34)
    • Article 10:27 Scope of application
    • Article 10:28 Recognition of the contracting of a marriage
    • Article 10:29 Contracting of a marriage in conflict with public order
    • Article 10:30 Necessary formal requirements in the Netherlands for the contracting of a marriage
    • Article 10:31 Recognition of foreign marriages
    • Article 10:32 Recognition of a foreign marriage incompatible with Dutch public order
    • Article 10:33 Applicability of Articles 10:31 and 10:32 to principal and preliminary issues
    • Article 10:34 Transitional law
  • Section 10.3.2 Legal relations between spouses mutually (35 – 41)
    • Article 10:35 Law applicable to personal legal relations between the spouses
    • Article 10:36 Designation by law when no choice is made
    • Article 10:37 Common nationality
    • Article 10:38 Change in designation made by parties or by law
    • Article 10:39 Law applicable to obligations regarding costs of the household
    • Article 10:40 Legally required approval of the other spouse for performing juridical acts
    • Article 10:41 Law applicable to the marital property regime or to the personal legal relations is indifferent
  • Section 10.3.3 The marital property regime (42 – 53)
    • Article 10:42 The Hague Marital Property Convention
    • Article 10:43 Law applicable to marital property regime
    • Article 10:44 Legal effects towards third persons
    • Article 10:45 Registration that foreign law is applicable to the marital property regime
    • Article 10:46 Protection of third persons against application of foreign marital property regime
    • Article 10:47 Advantage enjoyed in connection with the law applicable to an asset abroad
    • Article 10:48 Application of Article 1:92(3) when recourse is taken against the spouses
    • Article 10:49 [repealed]
    • Article 10:50 Applicability of Article for furnishing evidence of an entitlement to an asset
    • Article 10:51 Right to equalisation of accrued pension entitlements
    • Article 10:52 Transitional law
    • Article 10:53 Designation of applicable law before 1 September 1992
  • Section 10.3.4 Dissolution of marriage and legal separation (54 – 59)
    • Article 10:54 Implementation of the Hague and Luxembourg Convention
    • Article 10:55 Exclusive jurisdiction of Dutch courts within the Netherlands
    • Article 10:56 Applicable law
    • Article 10:57 Recognition of foreign decisions regarding a dissolution of a marriage or a legal separation
    • Article 10:58 Repudiation of the wife by the husband
    • Article 10:59 Conflict with Dutch public order
• Title 10.4 Registered partnership
  (Articles 60 - 91)
  • Section 10.4.1 Entering into a registered partnership in the Netherlands (60)
    • Article 10:60 Law applicable to the constitution of a registered partnership
  • Section 10.4.2 Recognition of a registered partnership from outside the Netherlands (61 - 63)
    • Article 10:61 Fundamental requirements for a registered partnership entered into outside the Netherlands
    • Article 10:62 Conflict with Dutch pubic order
    • Article 10:63 Application of statutory provisions to principal and preliminary issues
  • Section 10.4.3 Personal legal relations between registered partners (64 - 69)
    • Article 10:64 Law applicable to the personal legal relations between the partners mutually
    • Article 10:65 Law applicable to the personal legal relations between the partners
    • Article 10:66 Moment of applicability of another designated law
    • Article 10:67 Law applicable to obligations regarding costs of the household
    • Article 10:68 Legally required approval of the other partner for performing juridical acts
    • Article 10:69 Law applicable to the partnership property regime or to the personal legal relations is indifferent
  • Section 10.4.4 The partnership property regime (70 - 85)
    • Article 10:70 Law applicable to the partnership property regime
    • Article 10:71 Law applicable to the partnership property regime when the partners have not made a choice of law
    • Article 10:72 A change of the applicable law during the registered partnership
    • Article 10:73 Change of nationality or habitual residence has no effect on the applicable law
    • Article 10:74 Determining whether the partners have reached consensus about a choice of law
    • Article 10:75 Designation of the applicable law (choice of law)
    • Article 10:76 Validity of the terms and conditions governing the registered partnership
    • Article 10:77 Formal requirements for a choice of law
    • Article 10:78 Law applicable to the property relations of a partner towards third persons
    • Article 10:79 Registration that the partnership property regime is governed by foreign law
    • Article 10:80 Protection of third persons against application of foreign partnership property regimes
    • Article 10:81 Advantage enjoyed in connection with the law applicable to an asset abroad
    • Article 10:82 Application of Article 1:92(3) when recourse is taken against the partners
    • Article 10:83 [repealed]
    • Article 10:84 Applicability of Article for furnishing evidence of an entitlement to an asset
    • Article 10:85 Right to equalisation of accrued pension entitlements
  • Section 10.4.5 Ending of a registered partnership in the Netherlands (86 – 87)
    • Article 10:86 Law governing the ending of a Dutch registered partnership
    • Article 10:87 Law governing the ending of a foreign registered partnership
  • Section 10.4.6 Recognition of the ending of a registered partnership which ending has been brought about abroad (88 – 89)
    • Article 10.88 Recognition of an ending by mutual consent or through a dissolution proclaimed in another State
    • Article 10:89 Conflict with Dutch public order
  • Section 10.4.7 Maintenance obligations (90)
    • Article 10:90 Law applicable to maintenance obligations during or after the registered partnership
  • Section 10.4.8 Transitional law (91)
    • Article 10:91 Transitional law
• Title 10.5 Descendancy
  (Articles 92 - 102)
  • Section 10.5.1 Legal familial relationship by birth (92 – 94)
    • Article 10:92 Legal familial relationships arising from birth
    • Article 10:93 Annulment of legal familial relationships by a denial of (marital) paternity
    • Article 10:94 Entering into legal familial relationships by birth outside a marriage
  • Section 10.5.2 Legal familial relationships through recognition or a judicial determination of paternity (95 – 97)
    • Article 10:95 Arising of legal familial relationships through a recognition of the child
    • Article 10:96 Annulment of the recognition of a child
    • Article 10:97 Judicial determination of paternity
  • Section 10.5.3 Legal familial relationships by legitimation (98)
    • Article 10:98 Legal familial relationships arising from legitimation
  • Section 10.5.4 The content of legal familial relationships arising from descendancy (99)
    • Article 10:99 Determination of the content of legal familial relationships
  • Section 10.5.5 Recognition of foreign court decisions and legal facts (100 – 101)
    • Article 10:100 Recognition of foreign judicial decisions in the Netherlands
    • Article 10:101 Recognition of foreign legal facts and juridical acts in the Netherlands
  • Section 10.5.6 Transitional law (102)
    • Article 10:102 Transitional law
• Title 10.6 Adoption
  (Articles 103 - 112)
  • Section 10.6.1 General provisions (103 – 104)
    • Article 10:103 Hague Adoption Convention 1993
    • Article 10:104 Definition of 'adoption'
  • Section 10.6.2 Adoption decreed in the Netherlands (105 – 106)
    • Article 10.105 Applicable law
    • Article 10:106 Law governing the legal effects of an adoption decreed in the Netherlands
  • Section 10.6.3 The recognition of a foreign adoption (107 – 111)
    • Article 10:107 Applicability of the present Section to adoptions established abroad
    • Article 10:108 Recognition of foreign adoption orders (I)
    • Article 10:109 Recognition of foreign adoption orders (II)
    • Article 10:110 Additional legal effects of a recognition of a foreign adoption
    • Article 10:111 Conversion of a foreign adoption into an adoption under Dutch law
  • Section 10.6.4 Transitional law (112)
    • Article 10:112 Transitional provision
• Title 10.7 Other subject-matters of family law
  (Articles 113 - 116)
  • Section 10.7.1 Parental responsibility and protection of children (113)
    • Article 10:113 Protection of children
  • Section 10.7.2 International abduction of children (114)
    • Article 10:114 International abduction of children
  • Section 10.7.3 [reserved]
  • Section 10.7.4 Maintenance (116)
    • Article 10:116 Maintenance obligations
• Title 10.8 Cooperation
  (Articles 117 - 124)
  • Article 10:117 Definitions
  • Article 10:118 Applicable law
  • Article 10:119 Applicable law in regard of some particular subject-matters
  • Article 10:120 Transfer of seat to another State
  • Article 10:121 Liability of Directors and Supervisory Directors under Dutch law
  • Article 10:122 Declaratory judgement for the prohibition of a foreign cooperation
  • Article 10:123 Anti-terrorism measures
  • Article 10:124 Act on Formally Foreign Corporations
• Title 10.9 Representation
  (Articles 125)
  • Article 10:125 Power of representation
• Title 10.10 Real property law
  (Articles 126 - 141)
  • Section 10.10.1 General provisions (126)
    • Article 10:126 Scope of application
  • Section 10.10.2 Real property regime for things (127 - 133)
    • Article 10:127 Law applicable to things and real property rights in things
    • Article 10:128 Retention of title
    • Article 10:129 Right of retention
    • Article 10:130 Real property rights in things moved to another State
    • Article 10:131 Acquisition from a person without a right of disposition
    • Article 10:132 Involuntary loss of possession of a thing
    • Article 10:133 Thing transported under an international contract of carriage of goods
  • Section 10.10.3 Real property regime for debt-claims (134 - 136)
    • Article 10:134 Debt-claim embodied in a document
    • Article 10:135 Debt-claim to name
    • Article 10:136 Debt-claims to bearer
  • Section 10.10.4 Real property regime for shares in Corporations (137 - 139)
    • Article 10:137 Share certificate
    • Article 10:138 Registered shares
    • Article 10:139 Bearer shares
  • Section 10.10.5 Real property regime for negotiable securities transferable in book-entry form (140 - 141)
    • Article 10:140 Shares forming a part of a block of book-entry securities
    • Article 10:141 Law applicable to book-entry negotiable securities
• Title 10.11 Trust law
  (Articles 142 - 144)
  • Article 10:142 Definitions
  • Article 10:143 Registrations on the name of the trustee
  • Article 10:144 Recognition of a trust
• Title 10.12 Law of succession
  (Articles 145 - 152)
  • Article 10:145 Applicable law
  • Article 10:146 Capacity to make a last will
  • Article 10:147 Disadvantage due to the fact that another law applies to an asset located abroad
  • Article 10:148 Revocation of an earlier made choice of law of the deceased person
  • Article 10:149 Law applicable to the liquidation and apportionment of the deceased’s estate
  • Article 10:150 Applicable law regarding the duties and powers of a liquidator; provisional arrangements
  • Article 10:151 Law applicable to formal requirements for a last will (testamentary disposition)
  • Article 10:152 Transitional law
• Title 10.13 Contractual obligations
  (Articles 153 - 156)
  • Article 10:153 Definition 'Rome I Regulation'
  • Article 10:154 Rome I Regulation applicable to all contractual obligations
  • Article 10:155 Choice of law
  • Article 10:156 Mandatory insurance contracts
• Title 10.14 Non-contractual obligations
  (Articles 157 - 159)
  • Article 10:157 Definition of 'Rome II Regulation'
  • Article 10:158 Non-application of the Rome II Regulation to traffic accidents and products liability
  • Article 10:159 Rome II Regulation applicable to obligations arising from tort
• Title 10.15 Some provisions in regard of maritime law, the law on inland navigation and air law
  (Articles 160 - 165)
  • Article 10:160 Right of priority attached to debt-claims (maritime law)
  • Article 10:161 Contracts (of exploitation) that may be invoked to prevent liability for tort
  • Article 10:162 Goods transported under a bill of lading
  • Article 10:163 Law of the State where the harbour of unloading is located
  • Article 10:164 Liability for collision (and damage caused by a seagoing ship)
  • Article 10:165 Recognition of the rights mentioned in the Geneva Convention of 1948