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Book 7 Dutch Civil Code
Particular agreements
Title 7.1 Sale and exchange
(Articles 1-50)
Section 7.1.1 General provisions for sale agreements
(1-8)
Article 7:1 Definition of a 'sale agreement'
Article 7:2 Sale of a dwelling house
Article 7:3 Registration of the buyer's debt-claim for the delivery of bought immovable property
Article 7:4 Purchase price
Article 7:5 Consumer sale agreements
Article 7:6 Mandatory law
Article 7:6a Given guarantees
Article 7:7 Unasked for goods and services
Article 7:8 Sale of a newly-built house
Section 7.1.2 Legal duties and obligations of the seller
(9-19)
Article 7:9 Main obligations of the seller
Article 7:10 Passage of risks
Article 7:11 Passage of risks in the event of a consumer sale agreement
Article 7:12 Costs of supply, taking delivery and legal transfer
Article 7:13 Costs of supply in the event of a consumer sale agreement
Article 7:14 Fruits (benefits) of the sold object
Article 7:15 Delivery without not accepted encumbrances and restrictions
Article 7:16 Support in legal proceedings
Article 7:17 Conformity with the sale agreement
Article 7:18 Conformity with a consumer sale agreement
Article 7:19 Foreclosure sale (sale under execution) or a claim of a third party
Section 7.1.3 Particular effects of a non-performance by the seller
(20-25)
Article 7:20 Non-performance because of a not accepted encumbrance or restriction
Article 7:21 Non-performance because of a lack of conformity
Article 7:22 Lack of conformity with a consumer sale agreement
Article 7:23 Duty of the buyer to report a lack of conformity
Article 7:24 Compensation for damages in the event of a consumer sale agreement
Article 7:25 Right of recourse against previous sellers in the distribution chain
Section 7.1.4 Obligations of the buyer
(26-30)
Article 7:26 Payment of the purchase price
Article 7:27 Withholding payment of the purchase price
Article 7:28 Prescription in the event of a consumer sale agreement
Article 7:29 Duty of the buyer who rejects the supplied object to preserve and to take care for it
Article 7:30 Duty to sell perishable or rapidly declining goods
Section 7.1.5 Particular effects of a default of the buyer
(31-32)
Article 7:31 The buyer is in default of specifying the bought goods
Article 7:32 Duty for the creditor to sell perishable or rapidly declining goods that the buyer has wrongfully rejected
Section 7.1.6 Particular rights of rescission
(33-35)
Article 7:33 Right of rescission when the buyer does not take delivery of the sold object
Article 7:34 Rescission based on an anticipatory breach of contract of the buyer
Article 7:35 Increasing the purchase price in the event of a consumer sale agreement
Section 7.1.7 Damages
(36-38)
Article 7:36 Assets with a current value
Article 7:37 Covering purchase
Article 7:38 The right to a possibly higher compensation for damages
Section 7.1.8 Right of Reclamation
(39-44)
Article 7:39 Seller's right of reclamation
Article 7:40 Bankruptcy of the buyer or a judicial suspension of payment under a moratorium
Article 7:41 The transferred thing(s) must still be in the same condition
Article 7:42 Protection of third parties
Article 7:43 The buyer has accepted a negotiable paper
Article 7:44 Expiration of the right of reclamation
Section 7.1.9 Sale on trial
(45-46)
Article 7:45 Trial sale is a sale under a condition precedent
Article 7:46 Passage of risk at a trial sale
Section 7.1.9A Distance contracts
(46a-46j)
Article 7:46a Definitions
Article 7:46b Exemptions to applicability
Article 7:46c Information to be provided in advance
Article 7:46d Consideration time and right of dissolution
Article 7:46e Dissolution of an accompanying loan agreement
Article 7:46f Non-performance by the seller
Article 7:46g Fraudulent use of payment cards
Article 7:46h Unasked for commercial communication
Article 7:46i Provision of services
Article 7:46j Mandatory law
Section 7.1.10 Sale of valuable rights
(47-48)
Article 7:47 Corresponding applicability of Title 7.1 to the sale of valuable rights
Article 7:48 Sale of a share in a deceased's estate
Section 7.1.10A
[repealed]
(48a-48g)
Article 7:48a
(repealed)
Article 7:48b
(repealed)
Article 7:48c
(repealed)
Article 7:48d
(repealed)
Article 7:48e
(repealed)
Article 7:48f
(repealed)
Article 7:48g
(repealed)
Section 7.1.11
[reserved]
Section 7.1.12 Exchange
(49-50)
Article 7:49 Definition
Article 7:50 Corresponding applicability of the provisions of Title 7.1 to exchange agreements
Title 7.1A Contracts of timesharing, long-term holiday products, assistance and exchange
(Articles 50a - 50i)
Article 7:50a Definitions
Article 7:50b Pre-contractual information
Article 7:50c Conclusion of the contract
Article 7:50d Right of dissolution
Article 7:50e Dissolution by operation of law of other linked contracts
Article 7:50f Undue payments made within the applicable dissolution period
Article 7:50g Long-term holiday product contract
Article 7:50h Contract for the provision of assistance in trade and exchange contract
Article 7:50i Final provisions / protection of consumers
Title 7.2 Financial collateral agreement
(Articles 51 - 56)
Article 7:51 Definitions
Article 7:52 Necessary parties to a financial collateral agreement
Article 7:53 Financial collateral agreement to establish a pledge
Article 7:54 Rights of the collateral taker with a pledge
Article 7:55 No prohibited fiduciary transfer of ownership
Article 7:56
[repealed]
Title 7.2A Credit contracts for consumers
(Articles 57 - 73)
Section 7.2A.1 General provisions
(57 – 58)
Article 7:57 Definitions
Article 7:58 Scope of application
Section 7.2A.2 Information and practices preliminary to the conclusion of the credit contract
(59 – 60)
Article 7:59 Standard information to be included in advertising
Article 7:60 Pre-contractual information
Section 7.2A.3 Information and rights regarding credit contracts
(61 – 70)
Article 7:61 Information to be included in credit contracts
Article 7:62 Information concerning the borrowing rate
Article 7:63 Obligations under a credit contract in the form of an overdraft facility
Article 7:64 Changes in coverage ratios and spreading requirements under a securities credit contracts
Article 7:65 Termination of a credit contract concluded for an indefinite period of time
Article 7:66 Right of dissolution
Article 7:67 Credit contract linked to other dissolved contracts
Article 7:68 Early repayment
Article 6:69 Assignment of rights to a third party
Article 7:70 Overrunning
Section 7.2A.4 Annual percentage rate of charge
(71)
Article 7:71 Reference to the Directive
Section 7.2A.5 Creditors and credit intermediaries
(72)
Article 7:72 Certain obligations of credit intermediaries towards consumers dissolution
Section 7.2A.6 Final provision
(73)
Article 7:73 Mandatory law / protection of consumers
Title 7.2D Contract of pawn
(Articles 130 - 140)
Article 7:130 Definition of a contract of pawn
Article 7:131 Other definitions
Article 7:132 Pawner is a non-professional natural person
Article 7:133 Information to be provided prior to the conclusion of the contract
Article 7:134 Formal requirements for the contract and its content
Article 7:135 Loan period/right to claim the return of the pawned thing
Article 7:136 Pawner regains ownership by operation of law
Article 7:137 Calculation of the pawn charges
Article 7:138 Applicability of the provisions regarding pledge
Article 7:139 Loss suffered by the pawnbroker
Article 7:140 Mandatory law
Title 7.3 Donation agreement
(Articles 175-188)
Article 7:175 Definition of a 'donation agreement'
Article 7:176 Voidability on the ground of an abuse of circumstances
Article 7:177 Donation to be performed after the death of the donor
Article 7:178 Donation to a confidential counsellor or care provider
Article 7:179 End of a revocable offer; offer for a reward
Article 7:180 Donation subject to a condition subsequent and a condition precedent
Article 7:181 Necessary existence of the donee
Article 7:182 Fiduciary administration of property
Article 7:183 Liability for legal and factual defects in the donated property
Article 7:184 Voidability of the donation agreement
Article 7:185 Nullification of a voidable donation agreement
Article 7:186 Corresponding applicability of Title 7.3 to other gifts; definition of 'gifts'
Article 7:187 Gifts against a counter performance; mixed agreements
Article 7:188 Appointment as beneficiary of a non-indemnity insurance
Title 7.4 Lease agreement
(Articles 201-310)
Section 7.4.1 General provisions
(201-202)
Article 7:201 Definition of a 'lease agreement'
Article 7:202 Entitlement to the fruits (benefits) of the leased thing
Section 7.4.2 Obligations of the lessor
(203-211)
Article 7:203 Placing the leased out property at the disposal of the lessee
Article 7:204 Defects in the leased property
Article 7:205 The rights (actions) and legal remedies of Book 6 of the Civil Code
Article 7:206 Remedy of defects
Article 7:207 Reduction of the rent
Article 7:208 Damages
Article 7:209 Mandatory law
Article 7:210 No agreed enjoyment left
Article 7:211 Rights of action (legal claims) of third persons against the lessee
Section 7.4.3 Obligations of the lessee
(212-225)
Article 7:212 Counter performance
Article 7:213 Prudent lessee
Article 7:214 Use in conformity with the intended purpose
Article 7:215 Changes to the leased property
Article 7:216 Right of removal and right of compensation
Article 7:217 Minor repairs
Article 7:218 Presumption of proof with regard to the liability of the lessee
Article 7:219 Liability of the lessee for behaviour of third persons
Article 7:220 Urgent works and renovations
Article 7:221 Sublease
Article 7:222 Duty to inform the lessor of defects
Article 7:223 Duty to allow potential lessees or buyers to make a visit
Article 7:224 Duty to return the leased property at the end of the lease
Article 7:225 No eviction in good time
Section 7.4.4 Passage of the lease agreement when the leased property is transferred and the ending of the lease
(226-232)
Article 7:226 Passage of the lease at a transfer of the leased property
Article 7:227 Lease has priority over a later established real property right
Article 7:228 End of the lease due to the expiry of the lease period or a termination
Article 7:229 Consequences of the death of one of the parties
Article 7:230 Actual continuation of the lease after it has ended
Article 7:230a Eviction at the end of the lease of constructed immovable property not being a residential space or a retail building
Article 7:231 Rescission of the lease agreement by the court
Section 7.4.5 Lease of residential spaces
(232-289)
Subsection 7.4.5.1 General provisions
Article 7:232 Applicability of statutory provisions and exceptions
Article 7:233 'Residential space'
Article 7:234 'Separate dwelling'
Article 7:235 'Mobile home'
Article 7:236 'Mobile home stand'
Article 7:237 'Lease price', rent' and 'service charges'
Article 7:238 'Rent committee'
Article 7:239 'Minister'
Article 7:240 Minor repairs of residential spaces
Article 7:241 Order in Council for defects
Article 7:242 Semi-mandatory law for the lease of residential spaces
Article 7:243 Demanding energy saving measures
Article 7:244 Subleasing of a residential space
Article 7:245 Implementation Act on Housing Rent
Subsection 7.4.5.2 Rent and other compensations
§ 1. Rent
Article 7:246 Freedom of contract
Article 7:247 Liberalized residential spaces
Article 7:248 Indexation clause
Article 7:249 Request of the lessee addressed to the rent committee
Article 7:250 Change of the rent upon a request of the lessor or lessee
Article 7:251 Rent increase at the most once a year
Article 7:252 Written proposition to change the rent
Article 7:252a Increase of rent related to the income of the lessee
Article 7:252b Decrease of rent related to a decrease of income of the lessee
Article 7:253 Objections against a proposal to increase the rent
Article 7:254 Decrease of the rent
Article 7:255 Increase of the rent after a housing improvement
Article 7:256
[repealed]
Article 7:257 Maintenance procedure
§ 2. Other compensations
Article 7:258 All-in lease price
Article 7:259 Service charges
Article 7:260 Service charge procedure
Article 7:261 Advance payment of service charges
§ 3. Final provisions
Article 7:262 Legal claim (right of action) to be filed at the Subdistrict Court
Article 7:263 Commencing date of the increased or reduced rent
Article 7:264 Stipulated unreasonable advantage for one of the parties or a third person
Article 7:265 Mandatory law
Subsection 7.4.5.3 Joint lease and continuation of the lease agreement
Article 7:266 Joint lease of the spouse or registered partner
Article 7:267 Joint lease of other persons living together
Article 7:268 Position of the co-lessee and other occupants after the death of the lessee
Article 7:269 Protection of the sublessee of a separate dwelling
Article 7:270 Exchange of houses
Article 7:270a Information duty
Subsection 7.4.5.4 The end of a lease agreement
Article 7:271 Termination of the lease of a residential space
Article 7:272 Legal effect of a termination (claim in court of the lessor)
Article 7:273 Legal effects when the legal claim of the lessor is rejected or granted
Article 7:274 Grounds for termination of the lease of residential spaces
Article 7:275 Moving expenses and settling-in costs
Article 7:276 Liability when the lessor was not urgently in need to use the residential space himself
Article 7:277 End of the lease agreement after it has been extended
Article 7:278 Legal effects of the end of the main lease agreement for a sublessee
Article 7:279 Rescission of a lease agreement with respect to a condemned or dangerous dwelling
Article 7:280 Respite period
Article 7:281 Rescission of a lease agreement to realize an allowed land use of the leased property
Article 7:282 Mandatory law
Articles 7:283 - 7:289
[reserved]
Section 7.4.6 Lease of retail spaces
(290-310)
Article 7:290 Application with regard to 'retail spaces'
Article 7:291 Semi-mandatory law
Article 7:292 Initial lease period and extended lease period
Article 7:293 Terms of notice and termination formalities
Article 7:294 Mentioning the grounds for termination
Article 7:295 Legal effects of a termination (claim in court of the lessor)
Article 7:296 Grounds for termination
Article 7:297 Moving expenses and settling-in costs
Article 7:298 Respite period to accept the offer of the lessor
Article 7:299 Liability when the proposed person never wanted to take permanent use of the leased retail space personally
Article 7:300 Termination of the lease after the second lease period has expired
Article 7:301 Lease period of two years or less
Article 7:302 Termination by the heirs, the spouse or the registered partner of the lessee
Article 7:303 Assessment of the rent by the court
Article 7:304 Expert opinion
Article 7:305 Increase of the rent after applying energy saving measures
Article 7:306 Legal effect of the end of the main lease agreement for a sublessee
Article 7:307 Subrogation (substitution) of the lessee of a retail space
Article 7:308 Compensation for goodwill and other benefits at the end of the lease agreement
Article 7:309 Demolition in the public interest and compensation for damages
Article 7:310 Rescission of a lease agreement in connection with the realization of a land use plan
Title 7.5 Farm lease agreement
(Articles 311-399e)
Section 7.5.1 General provisions
(311-316)
Article 7:311 Definition of 'farm lease agreement'
Article 7:312 Definition of ‘commercial farming'
Article 7:313 Definition of 'farm house' and of 'unbuilt farmland'
Article 7:314 Definition of 'foster-child'
Article 7:315 Leased farmland alongside water
Article 7:316 Perception of fruits (benefits)
Section 7.5.2 Form of the farm lease agreement
(317)
Article 7:317 Agreement in writing
Section 7.5.3 Approval to a farm lease agreement by the Agricultural Lease Authority
(318-324)
Article 7:318 Required approval of the Agricultural Lease Authority
Article 7:319 Grounds for disapproval
Article 7:320 Modification or nullification of an agreement by the Agricultural Lease Authority
Article 7:321 Obligation of parties to ask for the approval of the Agricultural Lease Authority
Article 7:322 Consequences when the farm lease agreement itself is not sent in for approval
Article 7:323 Consequences when an agreement to change or end the farm lease agreement is not sent in for approval
Article 7:324 First draft sent in for approval
Section 7.5.4 Duration of the lease period under the farm lease agreement
(325-326)
Article 7:325 Fixed lease period and extension of the duration of the farm lease
Article 7:326 Revision of the content of an existing farm lease agreement
Section 7.5.5 Farm rent
(327-335)
Article 7:327 Maximum farm rent
Article 7:328 Counter performance for the use of the farm or the land
Article 7:329 Specific public charges and duties are partly chargeable to the lessee
Article 7:330 Reduction of the farm rent because of extraordinary circumstances
Article 7:331 Increase of the farm rent because of beneficial works of public authorities
Article 7:332 Increase of the farm rent after beneficial works of the lessor
Article 7:333 Revision of the farm rent and reconsideration of the counter performance
Article 7:334
[repealed]
Article 7:335 No change of the counter performance on the basis of unforeseen circumstances
Section 7.5.6 Obligations of the lessor
(336-345)
Article 7:336 Placing the leased out property at the disposal of the lessee
Article 7:337 Defects in the leased property
Article 7:338 The rights (actions) and legal remedies of Book 6 of the Civil Code
Article 7:339 Remedy of defects
Article 7:340 Reduction of the farm rent
Article 7:341 Damages
Article 7:342 Mandatory law
Article 7:343 No agreed enjoyment left
Article 7:344 Rights of action (legal claims) of third persons against the lessee
Article 7:345 Obligation of the lessor to rebuild destroyed constructed immovable things
Section 7.5.7 Obligations of the lessee
(346-360)
Article 7:346 Counter performance
Article 7:347 Prudent lessee
Article 7:348 Changes to the leased property
Article 7:349 Right of removal
Article 7:350 Compensation for introduced improvements
Article 7:351 Minor repairs
Article 7:352 Presumption of proof with regard to the liability of the lessee
Article 7:353 Liability of the lessee for behaviour of third persons
Article 7:354 Urgent work and necessary improvements initiated by the lessor
Article 7:355 Sublease of the leased farm or land
Article 7:356 Duty to inform the lessor of defects
Article 7:357 Duty to allow potential lessees or buyers to make a visit
Article 7:358 Duty to return the leased property at the end of the lease
Article 7:359 No eviction in good time and compensatory farm rent
Article 7:360 Obligations of the leaving and upcoming lessees when taking over the leased property
Section 7.5.8 Passage of the farm lease agreement when the leased property is transferred
(361-362)
Article 7:361 Passage of the farm lease agreement at a transfer of the leased property
Article 7:362 Farm lease agreement has priority over a later established limited property right
Section 7.5.9 Subrogation (substitution) of the contractual position under a farm lease agreement
(363-365)
Article 7:363 Subrogation (substitution) of the lessee
Article 7:364 Appointment by the court of one or more related persons as co-lessee
Article 7:365 Co-lessee who is released or dismissed from the farm lease agreement
Section 7.5.10 End of a farm lease agreement
(366-377)
Article 7:366 Legal effects of the death of one of the parties
Article 7:367 Termination and term of notice
Article 7:368 Mentioning the grounds for termination
Article 7:369 Lessor may claim in court to end the farm lease agreement
Article 7:370 Grounds for termination are to be mentioned
Article 7:371 Respite period to accept the offer of the lessor
Article 7:372 Eviction of the premises and moving expenses and settling-in costs
Article 7:373 Liability of the lessor when the ground for termination in reality never existed
Article 7:374 End of the farm lease agreement for just a part of the leased property
Article 7:375
(repealed)
Article 7:376 Rescission of the farm lease agreement based on a failure in the performance by the lessee
Article 7:377 Plan to use the leased property for non-agricultural purposes
Section 7.5.11 The pre-emptive right of the lessee
(378-384)
Article 7:378 Requirements for the existence of a pre-emptive right
Article 7:379 Request to price (appreciate) the market value of the right to be alienated
Article 7:380 Situations in which no pre-emptive right exists
Article 7:381 A pre-emptive right excluded by administrative and public law
Article 7:382 Notification of a public sale of the leased property other than by foreclosure
Article 7:383 Consequences of a violation of the pre-emptive right of the lessee
Article 7:384 If the lessee alienates the acquired right within ten years he must pay a compensation to the lessor
Section 7.5.12 Specific farm lease agreements
(385-398)
Subsection 7.5.12.1 Public authorities leasing out a farm house or unbuilt land
Article 7:385 Approval of the Agricultural Lease Authority of derogating contractual provisions in the farm lease agreement
Article 7:386 Limited possibilities for the Agricultural Lease Authority to examine the derogating contractual provisions of the farm lease agreement
Article 7:387 The right of the lessee to an indemnity when the farm lease agreement is ended
Subsection 7.5.12.2 Leasing out property within a land reserve
Article 7:388 Definition of 'land reserve'
Article 7:389 Special obligations for the lessee in the farm lease agreement
Article 7:390 Lease period of six years
Article 7:391 The lease period is extended each time with six years; extra ground for termination
Article 7:392 Revision of the contractual provisions of the farm lease agreement by the Agricultural Lease Authority
Article 7:393 Additional compensation for the lessee
Article 7:394 Revision of the compensation by the Agricultural Lease Authority
Subsection 7.5.12.3 Farm lease agreements related to small areas of land
Article 7:395 Unbuilt land smaller than one hectare
Subsection 7.5.12.4 Farm lease for crop growing and liberalised farm lease agreements
Article 7:396 Cultivations for one or two years
Article 7:397 Lease period related to unbuilt land for f six years or shorter or for longer than six years
Article 7:398 Legal effect on the farm lease agreement of the death of the lessee or lessor
Section 7.5.13 Mandatory law in Title 7.5
(399-399c)
Article 7:399 Mandatory law for the protection of the lessee
Article 7:399a Financial charges levied by public authorities on the lessor
Article 7:399b Condition that the Agricultural Lease Agreement will not modify the farm lease agreement
Article 399c Other null and void contractual provisions
Section 7.5.14 Final provisions
(399d-399e)
Article 7:399d Real property rights vested on leased farm houses or unbuilt land
Article 7:399e Approval for the appointment of a farm manager
Title 7.6 Loan agreement
(Articles not yet incorporated)
Title 7.7 Service provision agreement
(Articles 400-468)
Section 7.7.1 Provision of services in general
(400-413)
Article 7:400 Definition of 'service provision agreement'
Article 7:401 Obligation to observe the care of a prudent service provider
Article 7:402 Obligation to follow the directions of the client
Article 7:403 Obligation to inform the client; rendering account
Article 7:404 The client intends that the service is to be performed by a specific person
Article 7:405 Remuneration of the service provider
Article 7:406 Expense allowance and compensation for damages
Article 7:407 Two or more clients or two or more service providers
Article 7:408 Termination of the service provision agreement
Article 7:409 Death of a particularly assigned service provider
Article 7:410 Death of the client
Article 7:411 Obligation to pay a remuneration (fee) when the service provision agreement ends prematurely
Article 7:412 Prescription period for the right to claim the handing over of documents
Article 7:413 Mandatory law
Section 7.7.2 Mandate agreement
(414-424)
Article 7:414 Definition of 'mandate agreement'
Article 7:415 Mandate to two or more mandatories
Article 7:416 Mandatory in the position of counterparty of the mandator
Article 7:417 One mandatory serving two or more mandators
Article 7:418 Other situations with a confusion of interests
Article 7:419 Mandator suffers damage because a third party fails to comply towards the mandatory
Article 7:420 Relationship between the mandator and a third person: powers and rights of the mandator
Article 7:421 Relationship between the mandator and a third person: powers and rights of the third person
Article 7:422 Premature ending of the mandate agreement
Article 7:423 Stipulation that the mandator himself is no longer entitled to perform the juridical act
Article 7:424 Section 7.7.2 applies accordingly to other similar agreements
Section 7.7.3 Intermediary agreement
(425-427)
Article 7:425 Definition of 'intermediary agreement'
Article 7:426 Fee (remuneration)
Article 7:427 Confusion of interests
Section 7.7.4 Commercial agency agreement
(428-445)
Article 7:428 Definition of 'commercial agency agreement'
Article 7:429 Liability of the agent
Article 7:430 Caring duty of the principal
Article 7:431 Commission (fee)
Article 7:432 Moment on which a right to commission (a remuneration) arises
Article 7:433 Overview of the calculated commission
Article 7:434 Moment on which the commission (remuneration) becomes due and demandable
Article 7:435 No commission, but another remuneration instead
Article 7:436 Continuation of the commercial agency agreement after the expiry of a fixed term
Article 7:437 Termination of the commercial agency agreement
Article 7:438 Death of the agent or principal
Article 7:439 Unlawful termination (compelling reason)
Article 7:440 Dissolution of the commercial agency agreement
Article 7:441 Compensation for damages
Article 7:442 Goodwill compensation
Article 7:443 Non-competition obligation (restraint of trade claus)
Article 7:444 Prescription
Article 7:445 Mandatory law
Section 7.7.5 Medical treatment agreement
(446-468)
Article 7:446 Definition of 'medical treatment agreement'
Article 7:447 Minors of 16 years and older
Article 7:448 Information duty
Article 7:449 Right to not know
Article 7:450 Necessary consent of the patient
Article 7:451 Consent of the patient put down in writing
Article 7:452 Information duty of the patient and duty to cooperate
Article 7:453 Observing the standards of a prudent care provider
Article 7:454 Filing duty
Article 7:455 Destruction of the file
Article 7:456 Inspection right regarding the patient's file and right to make copies
Article 7:457 Obligation of secrecy
Article 7:458 Data for scientific research
Article 7:459 Right to privacy
Article 7:460 Termination of the medical treatment agreement by the care provider
Article 7:461 Remuneration
Article 7:462 Joint liability of the hospital
Article 7:463 No limitation or exclusion of liability
Article 7:464 Medical actions other than on the basis of a medical treatment agreement
Article 7:465 Legal representation of patients who have no legal capacity to act for themselves
Article 7:466 Necessary consent in emergency situations
Article 7:467 Bodily materials for scientific research
Article 7:468 Mandatory law
Title 7.7A Travel agreement
(Articles 500-513)
Article 7:500 Definitions
Article 7:501 Information to be provided prior to the conclusion of the travel agreement
Article 7:502 Information to be provided immediately after the conclusion of the travel agreement
Article 7:503 Termination of the travel agreement by the traveller
Article 7:504 Termination of the travel agreement by the tour operator
Article 7:505 Change of the content of the travel agreement by the tour operator
Article 7:506 Substitution of the traveller
Article 7:507 Compliance in conformity with the travel agreement
Article 7:508 Exclusion clauses in the event of death or physical injury
Article 7:509 Exclusion clauses in other situations
Article 7:510 Compensation for immaterial loss ('pretio doloris')
Article 7:511 Amount of compensation for immaterial loss
Article 7:512 Protection against financial incapability of the tour operato
Article 7:513 Mandatory law
Title 7.7B Payment transactions
(Articles 514-551)
Section 7.7B.1 General provisions
(514-521a)
Article 7:514 Definitions
Article 7:515 Scope of Title 7.7B
Article 7:516 Accessibility of information and contractual provisions of the framework contract
Article 7:517 Changes in the contractual provisions of the framework contract or other applicable information and conditions
Article 7:518 Termination
Article 7:519 Currency and currency conversion
Article 7:520 Charges for information
Article 7:521 Derogation from information requirements for low-value payment instruments and electronic money
Article 7:521a Right of repayment of electronic money
Section 7.7B.2 Consent given to payment orders
(522-531)
Article 7:522 Consent and withdrawal of consent
Article 7:523 Limits of the use of the payment instrument
Article 7:524 Obligations of the payment service user in relation to payment instruments
Article 7:525 Obligations of the payment service provider in relation to payment instruments
Article 7:526 Notification of unauthorised or incorrectly executed payment transactions
Article 7:527 Evidence on authentication and execution of payment transactions
Article 7:528 Payment service provider's liability for unauthorised payment transactions
Article 7:529 Payer's liability for unauthorised payment transactions
Article 7:530 Refunds for payment transactions initiated by or through a payee
Article 7:531 Requests for refunds for payment transactions initiated by or through a payee
Section 7.7B.3 Executions of payment transactions
(532-548)
Subsection 7.7B.3.1 payment orders, expenses and amounts transferred
Article 7:532 Receipt of payment orders
Article 7:533 Refusal of payment orders
Article 7:534 Irrevocability of a payment order
Article 7:535 Amounts transferred and amounts received
Subsection 7.7B.3.2 Execution time of a payment transaction and value date
Article 7:536 Scope of this Subsection
Article 7:537 Payment transactions to a payment account
Article 7:538 Absence of payee's payment account with the payment service provider
Article 7:539 Cash placed on a payment account
Article 7:540 Shorter execution periods for national payment transactions by Order in Council
Article 7:541 Value date and availability of funds
Subsection 7.7B.3.3 Liability
Article 7:542 Incorrect unique identifiers
Article 7:543 Liability of the payer’s payment service provider for non-execution or defective execution
Article 7:544 Liability of the payee’s payment service provider for non-execution or defective execution
Article 7:545 Additional liability of the payment service providers for costs and interest
Article 7:546 Additional financial compensation
Article 7: 547 Right of recourse
Article 7:548 No liability (legal excuse)
Section 7.7B.4 Final provisions
(549-551)
Article 7:549 Additional provisions to be set by or pursuant to Order in Council
Article 7:550 Mandatory law (consumer transactions)
Article 7:551 Provisions set by Order in Council are mandatory (consumer transactions)
Title 7.8 Publishing agreement
(Articles not yet incorporated)
Title 7.9 Safe custody agreement
(Articles 600-609)
Article 7:600 Definition of 'safe custody agreement'
Article 7:601 Custody charges, expenses and damage
Article 7:602 Caring duty
Article 7:603 Use of the property and sub-depositary
Article 7:604 Handing over of fruits (benefits)
Article 7:605 Return of the kept property
Article 7:606 Two or more safekeepers
Article 7:607 Negotiable warehouse receipt
Article 7:608 Effect of the safe custody agreement on liability towards third persons
Article 7:609 Liability of a hotelkeeper
Title 7.10 Employment agreement
(Articles 610-692)
Section 7.10.1 General provisions
(610-615)
Article 7:610 Definition of 'employment agreement'
Article 7:610a Presumption of the existence of an employment agreement
Article 7:610b Presumption of the number of contracted working hours
Article 7:611 Act as a 'reasonable and fair' employer or employee
Article 7:612 Employees under age
Article 7:613 Change of existing conditions of employment
Article 7:613a
[repealed]
Article 7:613b
[repealed]
Article 7:613c
[repealed]
Article 7:614 Prescription of a right of action to nullify a voidable stipulation
Article 7:615 Employees in the public sector
Section 7.10.2 Wages
(616-633)
Article 7:616 Payment of wages on a specific date
Article 7:617 Allowed kind of fixed wages
Article 7:618 Usual wages
Article 7:619 Right of inspection of the employee
Article 7:620 Payment of wages in legal currency
Article 7:621 Legal consequences of a wrong payment of wages
Article 7:622 Place of payment
Article 7:623 Time of payment of wages fixed in money terms
Article 7:624 Time of payment of other wages in money
Article 7:625 Legal increase when wages are paid late
Article 7:626 Payslip
Article 7:627 When no work has been performed there is no entitlement to wages
Article 7:628 No work performed, but still an entitlement to wages
Article 7:628a Minimum claim to wages for each call to perform work
Article 7:629 Inability to work due to sickness, pregnancy or the delivery of a child
Article 7:629a Second opinion medical examination
Article 7:629b
[repealed]
Article 7:630 Employer who is prevented from paying out wages in kind
Article 7:631 Withholding wages and imposed spending
Article 7:632 Offsetting of wages
Article 7:633 Transfer of debt-claims (assignment) and establishing a pledge
Section 7.10.3 Holiday and leave
(634-645)
Article 7:634 Accrue of holiday entitlements
Article 7:635 Specific rules for the building up of holiday entitlements
Article 7:636 Days to be regarded as holiday
Article 7:637 Sickness and holiday
Article 7:638 Determination of holiday periods
Article 7:639 Right to wages during holiday leave
Article 7:640 Pay off of not used holiday entitlements
Article 7:641 Not used holiday entitlements at the end of the employment agreement
Article 7:642 Prescription of holiday entitlements
Article 7:643 Unpaid political leave
Article 7:644
[repealed]
Article 7:645 Mandatory law
Section 7.10.4 Equal treatment
(646-649)
Article 7:646 No discrimination on the basis of gender (equality between men and women)
Article 7:647 No adverse treatment of employees who invoke ä non-discrimination rule
Article 7:648 No discrimination on the basis of working time (full-time/part-time)
Article 7:649 No discrimination on the basis of indefinite or temporary employment agreements
Section 7.10.5 Some particular stipulations in an employment agreement
(650-653)
Article 7:650 Contractual penalty clause
Article 7:651 Contractual penalty and the right to claim damages
Article 7:652 Probationary period
Article 7:653 Non-competition clause
Section 7.10.6 Particular obligations for the employer
(654-658b)
Article 7:654 Costs of making a written employment agreement
Article 7:655 Duty of the employer to inform the employee of specific data
Article 7:656 Employee testimonial
Article 7:657 Duty to inform the employee of a job vacancy
Article 7:658 Care duty of the employer
Article 7:658a Reintegration to work of sick employees
Article 7:658b Second opinion of an impartial expert
Section 7.10.7 Particular obligations for the employee
(659-661)
Article 7:659 Obligation to perform the work personally
Article 7:660 Employer's right of instruction
Article 7:660a Duties of a sick employee
Article 7:661 Liability of the employee for damage inflicted on the employer or a third person
Section 7.10.8 Rights of the employee at a transition of the enterprise
(662-666)
Article 7:662 Definitions
Article 7:663 Safeguarding of employees' rights
Article 7:664 Pension entitlements
Article 7:665 Transition, change of circumstances and rescission of the employment agreement
Article 7:665a Duty to provide information
Article 7:666 Bankruptcy and the crew of a sea ship
Section 7.10.9. End of an employment agreement
(667-686)
Article 7:667 Ending of an employment agreement by operation of law or because of a termination
Article 7:668 Silent (tacit) continuation of a fixed-term employment agreement
Article 7:668a A chain of fixed-term employment agreements
Article 7:669 Notification of the reason of termination
Article 7:670 Termination ban
Article 7:670a Required authorisation of the Subdistrict Court for termination
Article 7:670b Exemptions to termination bans
Article 7:671
[repealed]
Article 7:672 Term of notice of termination
Article 7:673
[repealed]
Article 7:674 Death of the employee
Article 7:675 Death of the employer
Article 7:676 Termination during a probationary period
Article 7:677 Liability due to an irregular termination
Article 7:678 Urgent reasons for the employer to terminate the employment agreement immediately
Article 7:679 Urgent reason for the employee to terminate the employment agreement immediately
Article 7:680 Fixed compensation for damages
Article 7:680a Moderation of a legal claim for the payment of wages
Article 7:681 Obviously unreasonable termination
Article 7:682 Court order to restore the employment agreement
Article 7:683 Prescription
Article 7:684 Termination of an employment agreement with a duration of five years or more
Article 7:685 Dissolution of the employment agreement by the Subdistrict Court
Article 7:686 Rescission of the employment agreement on the ground of non-performance
Section 7.10.10 Particular provisions for a trade representative
(687-689)
Article 7:687 Definition of a 'trade representative'
Article 7:688 Application of various statutory provisions for intermediary agreements and commercial agency agreements
Article 7:689 Fixed compensation for damages
Section 7.10.11 Particular provisions for a secondment agreement
(690-692)
Article 7:690 Definition of 'secondment agreement'
Article 7:691 Ending of a secondment agreement
Article 7:692 Minimum wage and minimum holiday allowance for employees working in the Netherlands
Title 7.11 Collective labour agreement
(Articles not yet incorporated)
Title 7.12 Construction agreement
(Articles 750-769)
Section 7.12.1 Construction agreement in general
(750-764)
Article 7:750 Definition of 'construction agreement'
Article 7:751 Subcontractors
Article 7:752 Price has not been determined
Article 7:753 Cost-increasing circumstances
Article 7:754 Duty of the constructor to give a warning
Article 7:755 Additional work performed
Article 7:756 Dissolution of the construction agreement prior to the completion of the work
Article 7:757 Impossibility to perform the work
Article 7:758 Completion and delivery of the construction
Article 7:759 Repair of construction defects
Article 7:760 Liability for materials and equipment
Article 7:761 Prescription of legal actions based on construction defects
Article 7:762 Liability for concealed construction defects
Article 7:763 Death of the constructor or a long lasting inability to work
Article 7:764 Termination of the construction agreement
Section 7.12.2 Particular provisions for the construction of a house on behalf of a natural person who does not act in the course of a professional practice or business
(765-769)
Article 7:765 Applicability of Section 7.12.2
Article 7:766 Written agreement and period of reflection
Article 7:767 Payment of the contract price
Article 7:768 Withholding the last 5% of the contract price
Article 7:769 Mandatory law
Title 7.13 Commercial partnership agreement
(Articles net yet incorporated)
Title 7.14 Surety agreement
(Articles 850-870)
Section 7.14.1 General provisions
(850-856)
Article 7:850 Definition of 'surety agreement'
Article 7:851 Accessory right; security for future obligations
Article 7:852 Means of defence for the surety; right to withhold performance
Article 7:853 Prescription
Article 7:854 The object of the secured obligation is another performance than the payment of a sum of money
Article 7:855 Auxiliary character of the surety obligation
Article 7:856 Statutory interest and costs of suing the principal debtor
Section 7.14.2 Suretyship accepted outside the course of a professional practice or business
(857-864)
Article 7:857 Definition of 'private suretyship'
Article 7:858 Maximum amount of liability must be mentioned in the surety agreement
Article 7:859 Only a written document is allowed as means of proof
Article 7:860 More burdensome terms and conditions
Article 7:861 To be secured future obligations of the principal debtor
Article 7:862 Mandatory law for a private suretyship
Article 7:863 Application of Section 7.14.2 to other agreements
Article 7:864 Assignment to enter into a suretyship or a similar agreement
Section 7.14.3 The effects of a suretyship between the principal debtor and the surety and between sureties and non-debtors who are liable for someone else's obligation
(865-870)
Article 7:865 Reasonableness and fairness
Article 7:866 Right of recourse of the surety against the principal debtor
Article 7:867 Performance by the surety as well as by the principal debtor
Article 7:868 Means of defence
Article 7:869 Imputation of the irrecoverable part
Article 7:870 Sub-suretyship
Title 7.15 Settlement agreement
(Articles 900-910)
Article 7:900 Definition of 'settlement agreement'
Article 7:901 Requirements for the establishment of the new legal status
Article 7:902 Establishment in conflict with mandatory law
Article 7:903 No retroactive effect towards third persons
Article 7:904 Conflict with reasonableness and fairness; absence of a valid determination
Article 7:905 Rescission and dissolution of the settlement agreement
Article 7:906 Application of the statutory provisions of Title 7.15 to similar legal grounds
Article 7:907 Agreement on a financial settlement of mass damages debt-claims
Article 7:908 Legal effect of an agreement which is declared binding by the court
Article 7:909 The court's power to give a decision on the compensation
Article 7:910 Other debtors who are joint and several liable; distribution of a remaining sum
Title 7.16 Gambling and game agreement
(Articles not yet incorporated)
Title 7.17 Insurance agreement
(Articles 925-986)
Section 7.17.1 General provisions
(925-943)
Article 7:925 Definition of 'insurance agreement'
Article 7:926 'Insurance benefit' and 'beneficiary'
Article 7:927 Reinsurance agreements
Article 7:928 Pre-contractual information duty
Article 7:929 Legal effects of a non-observance of the pre-contractual information duty or the insurance agreement
Article 7:930 Legal effects of a non-observance of the pre-contractual information duty for the entitlement to insurance benefits
Article 7:931 Exclusion of normal grounds of voidability
Article 7:932 Handing over of a written insurance policy
Article 7:933 Communications from the insurer must be in writing
Article 7:934 No timely payment of subsequent insurance premiums
Article 7:935 Offsetting due and demandable debts with insurance benefits
Article 7:936 Payment of insurance premiums and the 'del credere clause'
Article 7:937 Acquittal of the insurer towards the beneficiary
Article 7:938 Return of premium when no risk has been run
Article 7:939 Reduction of premiums in the event of an in between termination
Article 7:940 Duration and ending of an insurance agreement
Article 7:941 Information duty at the materialisation of the risk
Article 7:942 Prescription
Article 7:943 Mandatory law
Section 7.17.2 Indemnity insurance
(944-963)
Article 7:944 Definition of 'indemnity insurance agreement'
Article 7:945 ‘Insured person’
Article 7:946 ‘Insured interests’
Article 7:947 Withdrawal of the appointment of a third party as beneficiary
Article 7:948 Transfer of insured interests
Article 7:949 Insurance policies put to order or to bearer
Article 7:950 Right of termination at the death of the policyholder
Article 7:951 Damage caused by the nature of or a defect in the insured object itself
Article 7:952 Own fault of the insured person
Article 7:953 Insurance against liability and the prohibition to acknowledge (admit) certain events or facts
Article 7:954 Direct rights of the injured person towards the insurer in case of an insurance against liability
Article 7:955 Insured sum
Article 7:956 Insured value
Article 7:957 Obligation to take measures to prevent or reduce damage
Article 7:958 Compensation for damage
Article 7:959 Compensation for costs
Article 7:960 Indemnity principle
Article 961 Multiple insurance coverage
Article 7:962 Subrogation of rights
Article 7:963 Mandatory law
Section 7.17.3 Sums insurance (non-indemnity insurance)
(964-986)
Subsection 7.17.3.1 General provisions
Article 7:964 Definition of 'sums insurance agreement' ('non-indemnity insurance agreement')
Article 7:965 Definition of 'insured person', 'beneficiary' and 'insurance benefit'
Article 7:966 Appointment of a beneficiary and change of such an appointment
Article 7:967 Ending of an appointment as beneficiary;
Article 7:968 Moment on which an appointment becomes irrevocable
Article 7:969 Acceptance of the appointment as beneficiary
Article 7:970 Transfer of an entitlement derived from a sums insurance (non-indemnity insurance)
Article 7:971 Establishment of a pledge on the entitlement or debt-claims derived from a sums insurance (non-indemnity insurance)
Article 7:972 Restrictions of the rights to be exercised by the policyholder
Article 7:973 Deliberately materialising the risk
Article 7:974 Mandatory law
Subsection 7.17.3.2 Life insurance (or 'life assurance')
Article 7:975 Definition of 'life insurance agreement'
Article 7:976 Burial and funeral insurances
Article 7:977 Termination, rescission and expiration of a life insurance
Article 7:978 Right of the policyholder to surrender the life insurance or to make it free of premium
Article 7:979 Right to borrow money on the life insurance policy
Article 7:980 Non-payment of subsequent insurance premiums
Article 7:981 Death caused by an event excluded as insured risk
Article 7:982 Incorrect information about age or gender
Article 7:983 Legal effects of non-compliance with the pre-contractual information duty of Article 7:928 or 7:929
Article 7:984 Pledging and foreclosure of the entitlement of the policyholder
Article 7:985 Prescription
Article 7:986 Mandatory law
Title 7.18 Life annuity agreement
(Articles 900-902)
Article 7:990 Definition of 'life annuity'
Article 7:991 Payment of a life annuity benefit; proof that the beneficiary is alive
Article 7:992 Payment of the last life annuity benefit
Title 7.19 Negotiable bills and other commercial documents
(Articles not yet incorporated)
Title 7.20 Cheques
(Articles not yet incorporated)