Book 3 Dutch Civil Code
Property law in general

• Title 3.1 General Provisions
  (Articles 1-31)
  • Section 3.1.1 Terminology (1-15)
    • Article 3:1 Definition of ‘property’ as a legal object
    • Article 3:2 Definition ‘things’
    • Article 3:2a 'Animals'
    • Article 3:3 ‘Immovable’ and ‘movable’
    • Article 3:4 ‘Components’
    • Article 3:5 ‘Household effects’
    • Article 3:6 ‘Property rights’
    • Article 3:7 ‘Dependant rights’
    • Article 3:8 ‘Limited property rights’
    • Article 3:9 ‘Natural fruits’ and ‘civil fruits’ (benefits)
    • Article 3:10 ‘Registered property’
    • Article 3:11 ‘Good faith’
    • Article 3:12 The principle of ‘reasonableness and fairness’
    • Article 3:13 ‘Abuse of right’
    • Article 3:14 No violation of public law.
    • Article 3:15 Extension of applicability
  • Section 3.1.1A Legal aspects of electronic communication within the law of property (15a-15f)
    • Article 3:15a Legal effects of an electronic signature
    • Article 3:15b Qualified certificate
    • Article 3:15c Extension of application
    • Article 3:15d Accessibility of data and information
    • Article 3:15e Obligations when using commercial communication
    • Article 3:15f Contact points
  • Section 3.1.1B Bookkeeping (15i-15j)
    • Article 3:15i Duty of keeping books and accounting records
    • Article 3:15j Opening of books and accounting records on demand
  • Section 3.1.2 Registration of registered property (16-31)
    • Article 3:16 Public registers for registered property
    • Article 3:17 Facts that can be registered in the public registers for registered property
    • Article 3:18 Offering of documents
    • Article 3:19 Time of registration
    • Article 3:20 Rejection of a registration
    • Article 3:21 Order of precedence of registrations
    • Article 3:22 No observance of the required formalities
    • Article 3:23 Absence of good faith
    • Article 3:24 Protection against incomplete public registers for registered property
    • Article 3:25 Protection against incorrect facts in registered notarial or other authentic deeds
    • Article 3:26 Protection against incorrect public registers
    • Article 3:27 Court’s declaration concerning a right to registered property
    • Article 3:28 Declaration of worthlessness
    • Article 3:29 Court order to repeal a registration
    • Article 3:30 Liability of the Central Government of the Netherlands
    • Article 3:31 Dutch notary
• Title 3.2 Juridical acts
  (Articles 32-59)
  • Article 3:32 Legal capacity to perform juridical acts
  • Article 3:33 Will (intention) expressed through a statement
  • Article 3:34 Mental disturbance
  • Article 3:35 Reasonable assumption of the intention to perform a juridical act
  • Article 3:36 Reasonable assumption of a third party of the existence of a legal situation
  • Article 3:37 Form and effect of a statement that is recognized as a juridical act
  • Article 3:38 Time stipulations (effective date and expiration date) and conditions subsequent or precedent
  • Article 3:39 Effect when formal requirements for a juridical act are not fulfilled
  • Article 3:40 Violation of law (statutes), public morality or public order
  • Article 3:41 Partial nullity
  • Article 3:42 Conversion
  • Article 3:43 Incompetence to perform acts of law
  • Article 3:44 Defective will for performing a juridical act
  • Article 3:45 Fraudulent conveyance
  • Article 3:46 Legal presumption of the existence of fraudulent conveyance
  • Article 3:47 Legal presumption of fraudulent conveyance when juridical acts are performed gratuitously
  • Article 3:48 Extension of the scope of the term ‘debtor’ within the principle of fraudulent conveyance
  • Article 3:49 Ways to nullify a voidable juridical act
  • Article 3:50 Extrajudicial nullification
  • Article 3:51 Judicial nullification
  • Article 3:52 Prescription of legal actions based on the voidabillity of a juridical act
  • Article 3:53 Effects of the nullification of a voidable juridical act
  • Article 3:54 Offer to repair the disadvantageous effects of the voidable juridical act
  • Article 3:55 Confirmation of a voidable juridical act and the construction of a time-limit for the nullification of a voidable juridical act
  • Article 3:56 The term ‘party’ in the Articles 3:55 to 3:55 DCC
  • Article 3:57 Required approval of a third party
  • Article 3:58 Ratification
  • Article 3:59 Extension of the applicability of Section 3.2 DCC
• Title 3.3 Procuration (power of attorney)
  (Articles 60-79)
  • Article 3:60 Definition of 'procuration'
  • Article 3:61 Opposite party acted in good faith
  • Article 3:62 General and specific procurations
  • Article 3:63 Assignment of authority for representation and legal incapacity to perform juridical acts
  • Article 3:64 Substitution
  • Article 3:65 Joint procuration
  • Article 3:66 Effects of representation and the validity of the performed juridical act
  • Article 3:67 The name of the principal is to be revealed later
  • Article 3:68 Representative performs the involved juridical act with himself
  • Article 3:69 Ratification
  • Article 3:70 Vouching for the existence of an adequate procuration
  • Article 3:71 Proof of the existence of a procuration
  • Article 3:72 End of a procuration
  • Article 3:73 Remaining powers of the former representative after a procuration has ended
  • Article 3:74 Irrevocable procuration
  • Article 3:75 Means of proof and the ending of a procuration
  • Article 3:76 Rules for protection of third persons after a procuration has ended
  • Article 3:77 Juridical acts validly performed by a representative after the principal's death
  • Article 3:78 Applicability of some provisions to forms of representation not grounded on a procuration
  • Article 3:79 Applicability of the present Section to forms of representation outside the field of property law
• Title 3.4 Acquisition and loss of property
  (Articles 80-106)
  • Section 3.4.1 General provisions (80-82)
    • Article 3:80 Acquisition under universal or particular title and loss of property rights
    • Article 3:81 Creation and ending of limited property rights
    • Article 3:82 Dependant property rights
  • Section 3.4.2 Transfer of property rights and waiver of limited property rights (83-98)
    • Article 3:83 Transferable property rights
    • Article 3:84 Requirements for a transfer
    • Article 3:85 Transfer of property for a fixed period or at a future date
    • Article 3:86 Lack of power of disposition (movable property and debt-claims to order or bearer)
    • Article 3:86a Protection of cultural heritage
    • Article 6:86b Protection of cultural heritage under the 1970 UNESCO-Convention
    • Article 3:87 Obligation to provide information about the alienator
    • Article 3:87a Observance of the necessary diligence (prudence) at the acquisition of a cultural object
    • Article 3:88 Lack of power of disposition (immovable property and debt-claims to name)
    • Article 3:89 Formal delivery of immovable property
    • Article 3:90 Forma l delivery of movable property
    • Article 3:91 Transfer under a condition precedent
    • Article 3:92 Retention of title
    • Article 3:92a [repealed on 01-05-2008]
    • Article 3:93 Fromal delivery of debt-claims to order or to bearer
    • Article 3:94 Fromal delivery of debt-claims to name c.a.
    • Article 3:95 Formal delivery of other property rights
    • Article 3:96 Formal delivery of a share in joint property
    • Article 3:97 Formal delivery of future property
    • Article 3:98 Transfer, encumbrance and waiver of limited property rights
  • Section 3.4.3 Acquisition and loss of property due to prescription (99-106)
    • Article 3:99 Acquisitive prescription
    • Article 3:100 Taking possession of the estate of a deceased
    • Article 3:101 Start of the acquisitive prescription period
    • Article 3:102 Continuation of the original acquisitive prescription period
    • Article 3:103 Involuntary loss of possession
    • Article 3:104 Interruption or extension of the acquisitive prescription period
    • Article 3:105 Acquisition by a possessor through an acquisitive prescription
    • Article 3:106 Ceasing of a limited property right
• Title 3.5 Possession and keepership
  (Articles 107-125)
  • Article 3:107 Possession and the keeping of assets
  • Article 3:108 Holding an asset as possessor or as keeper
  • Article 3:109 Presumption to hold an asset as possessor
  • Article 3:110 Holding an obtained asset immediately for another person
  • Article 3:111 Continuation of keepership
  • Article 3:112 Acquisition of possession
  • Article 3:113 Occupation of possession
  • Article 3:114 Transfer of possession
  • Article 3:115 Transfer of possession solely by means of a two-sided declaration
  • Article 3:116 Possession and keepership obtained under universal succession
  • Article 3:117 Loss of possession
  • Article 3:118 Possession in good faith
  • Article 3:119 Possession includes the legal presumption of an entitlement
  • Article 3:120 Possession in good faith (fruits, costs, damage and possessory lien)
  • Article 3:121 Possession not in good faith (fruits, costs and damage)
  • Article 3:122 Proprietor wants to transfer of the asset instead of paying a compensation
  • Article 3:123 Right of the possessor to remove changes or additives he introduced to the asset
  • Article 3:124 Corresponding application of Articles 3:120 – 3:123 to keepership
  • Article 3:125 Legal actions of the possessor and keeper of an asset against third persons
• Title 3.6 (Fiduciary) administration of property
  (Articles: none)
  • The enactment of Title 3.6 has been postponed
• Title 3.7 Community of property
  (Articles 166-200)
  • Section 3.7.1 General provisions (166-188)
    • Article 3:166 Definition of a 'community of property'
    • Article 3:167 Replacement of community assets
    • Article 3:168 Arrangement for enjoyment, use and administration of community assets
    • Article 3:169 Right to use community assets
    • Article 3:170 Administration of joint property
    • Article 3:171 Competence to start legal proceedings
    • Article 3:172 Fruits, other benefits and expenses
    • Article 3:173 Rendering account
    • Article 3:174 Realisation of community debts and community assets
    • Article 3:175 Power of disposition with regard to shares in community assets
    • Article 3:176 Acquisition of a share
    • Article 3:177 Transfer of a community asset while a share in it is burdened with a limited property right
    • Article 3:178 Right of action to claim the apportionment of a community asset
    • Article 3:179 Legal claim to apportion the entire community of property
    • Article 3:180 A creditor may claim the apportionment of the community of property
    • Article 3:181 Appointment of a neutral person determined by the court that has appointed him
    • Article 3:182 Apportionment
    • Article 3:183 Way in which an apportionment is performed
    • Article 3:184 Imputation
    • Article 3:185 Apportionment performed by the court
    • Article 3:186 Delivery
    • Article 3:187 Documents and other papers to prove someone's property
    • Article 3:188 Compensation for damages
  • Section 3.7.2 Some particular communities of property (189-194)
    • Article 3:189 Particular communities of property
    • Article 3:190 Power of disposition over a share in a community asset
    • Article 3:191 Power of disposition over a share in the entire community of property
    • Article 3:192 Recovery of debts from the community of property
    • Article 3:193 Objection of a creditor against an apportionment
    • Article 3:194 Inventory of the community of property
  • Section 3.7.3 Null and void and voidable apportionments (195-200)
    • Article 3:195 A null and void apportionment
    • Article 3:196 A voidable apportionment
    • Article 3:197 Offer of the other co-proprietors to compensate damages
    • Article 3:198 Adjustment of a voidable apportionment
    • Article 3:199 Exclusion of the applicability of the general provisions for mistake
    • Article 3:200 Statutory time-limit for the right of action to appeal to a nullification of a voidable apportionment
• Title 3.8 Usufruct
  (Articles 201-226)
  • Article 3:201 Definition of 'usufruct'
  • Article 3:202 Coming to existence of a usufruct
  • Article 3:203 Establishment of a usufruct
  • Article 3:204 [repealed]
  • Article 3:205 Inventory of the property subject to usufruct
  • Article 3:206 Providing security on behalf of the main proprietor
  • Article 3:207 Right to use or to use up the property subject to usufruct
  • Article 3:208 Change of the function (intended application) of the encumbered property; right to take away additives
  • Article 3:209 Insurance obligation
  • Article 3:210 Debt-claims and contracts subject to usufruct
  • Article 3:211 Assets only indicated by type
  • Article 3:212 Right of the usufructuary to dispose of the assets subject to usufruct
  • Article 3:213 Replacement of assets subject to usufruct
  • Article 3:214 Investment of encumbered money and bank accounts
  • Article 3:215 Right to dispose of and to consume the property subject to usufruct
  • Article 3:216 Perception of fruits
  • Article 3:217 Right of the usufructuary to lease out assets subject to usufruct
  • Article 3:218 Possibility for the usufructuary and main proprietor to exercise a right of action
  • Article 3:219 Voting rights
  • Article 3:220 Ordinary duties and repairs
  • Article 3:221 Non-compliance by the usufructuary
  • Article 3:222 Group of connecting assets
  • Article 3:223 Right to convey (transfer or encumber) the right of usufruct itself
  • Article 3:224 Waiver of the right of usufruct by the usufructuary
  • Article 3:225 Return of the property subject to usufruct to the main proprietor
  • Article 3:226 Right of common and right of habituation
• Title 3.9 Real security rights: pledge and mortgage
  (Articles 227-275)
  • Section 3.9.1 General provisions for real security rights (227-235)
    • Article 3:227 A 'pledge' and a 'mortgage' are real security rights
    • Article 3:228 Possibilities to establish a real security right
    • Article 3:229 Substitution of pledged or mortgaged assets
    • Article 3:230 Indivisible real security rights
    • Article 3:231 Security for existing and future debt-claims
    • Article 3:232 [repealed]
    • Article 3:233 Liability of the pledgor or mortgagor who himself is not the debtor
    • Article 3:234 Encumbered asset of the debtor must be first sold by foreclosure
    • Article 3:235 Prohibition of appropriation
  • Section 3.9.2 Pledge (236-258)
    • Article 3:236 Establishment of an ordinary pledge ('possessory pledge')
    • Article 3:237 Establishment of a 'non-possessory pledge'
    • Article 3:238 Pledgor lacking power of disposition when establishing a (second) pledge
    • Article 3:239 'Undisclosed pledge' on a debt-claim to name
    • Article 3:240 Pledge on a share in a community asset
    • Article 3:241 Declaration of the pledgee about the nature and amount of the secured debt-claim
    • Article 3:242 The pledgee may not establish a pledge on an asset pledged to him
    • Article 3:243 Obligation to take care of the pledged asset properly
    • Article 3:244 Pledge as security for accrued interest
    • Article 3:245 Right of action to be exercised by the pledgee or pledgor against third persons
    • Article 3:246 Right to collect debt-claims that are encumbered with a pledge
    • Article 3:247 Voting right attached to the pledged asset
    • Article 3:248 Foreclosure without recourse to the courts
    • Article 3:249 Notification of the start of the foreclosure procedure (release from a foreclosure of pledged assets)
    • Article 3:250 Foreclosure sale is to be held in public
    • Article 3:251 Alternative way to accomplish a sale by foreclosure
    • Article 3:252 Notification that the sale by foreclosure has been completed
    • Article 3:253 Distribution of the proceeds of the foreclosure sale
    • Article 3:254 Foreclosure sale of pledged assets in accordance with the rules for the foreclosure on a mortgage
    • Article 3:255 A pledge on money
    • Article 3:256 Ending of a pledge
    • Article 3:257 Failure to take care properly for the pledged asset
    • Article 3:258 End of the pledge and waiver by the pledgee
  • Section 3.9.3 Pledges established on behalf of certificate holders (259)
    • Article 3:259 A pledge established by operation of law on behalf of specific certificate holders
  • Section 3.9.4 Mortgage (260-275)
    • Article 3:260 Establishing a mortgage
    • Article 3:261 A mortgage as security for an unpaid purchase price
    • Article 3:262 Changed mutual ranking order of mortgages and other limited property rights
    • Article 3:263 A mortgage as security for accrued interest on the secured debt-claim
    • Article 3:264 'Lease clause' in a mortgage deed
    • Article 3:265 Non-alteration clause
    • Article 3:266 The right of removal ('ius tollendi')
    • Article 3:267 Administration clause (right of the mortgagee to take over the administration of the mortgaged asset)
    • Article 3:268 Foreclosure without recourse to the courts (public or private foreclosure sale)
    • Article 3:269 Getting released from an intended foreclosure on a mortgage
    • Article 3:270 Payment of the purchase price by a buyer who has bought mortgaged property at a foreclosure sale
    • Article 3:271 Establishing the ranking order (distribution of the net sale proceeds)
    • Article 3:272 Rendering account by the selling mortgagee
    • Article 3:273 Ending of mortgages, seizures and limited property rights after a foreclosure
    • Article 3:274 Crossing-out a registered mortgage
    • Article 3:275 Procuration (authority for representation) for making a declaration in order to cross-out a mortgage
• Title 3.10 Right of a creditor to take recourse against his debtor
  (Articles 276-295)
  • Section 3.10.1 General provisions for a creditor’s right of recourse (276-282)
    • Article 3:276 Right to foreclose on the entire property of the debtor
    • Article 3:277 Equality of creditors
    • Article 3:278 Grounds for priority and special and general privileges
    • Article 3:279 Ranking order of pledges and mortgages in relation to privileges
    • Article 3:280 Ranking order of special privileges in relation to general privileges
    • Article 3:281 Mutual ranking order of privileges
    • Article 3:282 Compensation for limited proprietors who have lost their limited property right due to a foreclosure
  • Section 3.10.2 Privileges attached to specific assets (283-287)
    • Article 3:283 Substitution of assets to which a privilege is attached
    • Article 3:284 Privilege attached to a preserved asset (in relation to a debt-claim for costs of preservation)
    • Article 3:285 Privilege attached to constructed things (in relation to a debt-claim derived from a construction contract)
    • Article 3:286 Privilege attached to an apartment right (in relation to a debt-claim on contribution against the owner of an apartment right)
    • Article 3:287 Privilege attached to an insurance debt-claim (in relation to a debt-claim for compensatory damages)
  • Section 3.10.3 Privileges attached to an entire property (to all assets belonging to a person) (288-289)
    • Article 3:288 Privileges attached to an entire property (in relation to certain debt-claims)
    • Article 3:289 Privilege attached to the entire property (in relation to debt-claims levied pursuant to the ECSC)
  • Section 3.10.4 Right of retention ('possessory lien') (290-295)
    • Article 3:290 Definition of a 'right of retention'
    • Article 3:291 Effect of a right of retention against third parties
    • Article 3:292 Recovery right with priority attached to a right of retention
    • Article 3:293 Costs for taking care of the thing
    • Article 3:294 End of a right of retention
    • Article 3:295 Loss of control over the thing
• Title 3.11 Rights of action (legal actions)
  (Articles 296-326)
  • Article 3:296 Legal action to claim specific performance
  • Article 3:297 Consequence of a court decision to carry out a specific performance
  • Article 3:298 Conflicting debt-claims for the delivery of the same asset
  • Article 3:299 A specific performance to do or not to do something
  • Article 3:300 A specific performance to complete a juridical act
  • Article 3:301 Registration of a judicial decision in the public registers
  • Article 3:302 Declaratory judgment
  • Article 3:303 Sufficient interest needed to start a legal action
  • Article 3:304 No separated legal action
  • Article 3:305 Applicability of the previous statutory provisions to arbitration
  • Article 3:305a Collective actions ( 'Class actions')
  • Article 3:305b Legal persons under public law
  • Article 3:305c Cross-border class actions
  • Article 3:305d Specific condemnations by the Court of Appeal at The Hague
  • Article 3:306 Liberative prescription
  • Article 3:307 Prescription of a right of action to claim performance of a contractual obligation
  • Article 3:308 Prescription of debt-claims to obtain periodic performances
  • Article 3:309 Prescription of debt-claims derived from an undue performance
  • Article 3:310 Prescription of debt-claims for damages or a contractual penalty
  • Article 3:310a Prescription of claims for the return of cultural objects
  • Article 3:310b Prescription of claims for reclaiming objects of national heritage
  • Article 3:310c Prescription of the right of action to claim the return of cultural objects in the meaning of the 1970 UNESCO Convention
  • Article 3:311 Prescription of a right to rescind a contract or to claim the correction or undoing (reversal) of a performance
  • Article 3:312 Prescription of subsidiary rights that are based on a non-performance
  • Article 3:313 Start of the prescription period for a right of action to claim that something is given or done
  • Article 3:314 Prescription of claims to remove an unlawful situation or to end someone's possession
  • Article 3:315 Prescription of claims to an inheritance
  • Article 3:316 Interruption of a prescription by starting a legal action
  • Article 3:317 Interruption of a prescription by a letter of formal notice
  • Article 3:318 Interruption because of an acknowledgement of the other person's right
  • Article 3:319 Start of a new prescription period
  • Article 3:320 Extension of a running prescription period
  • Article 3:321 Grounds for extension of a prescription period
  • Article 3:322 Appeal to a prescription of a right of action
  • Article 3:323 Effects of a prescription on a pledge and mortgage
  • Article 3:324 Prescription of a right to enforce a judicial or arbitral decision
  • Article 3:325 Application of the previous statutory provisions to the prescription of judicial decisions
  • Article 3:326 Applicability of Title 3.11 to legal relationships outside the field of property law