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Book 1 Dutch Civil Code
Law of Persons
and Family Law
Title 1.1 General Provisions
(Articles 1-3)
Article 1:1 Personal freedom and legal capacity
Article 1:2 Legal capacity of an unborn child
Article 1:3
Degree of consanguinity and affinit
y
Title 1.2 Right to a name
(Articles 4-9)
Article 1:4 Forename
Article 1:5 Surname
Article 1:6 Proof of surname
Article 1:7 Change and determination of names by the King
Article 1:8 Using someone else’s name without his permission
Article 1:9 Use of the surname of the spouse or registered partner
Title 1.3 Domicile
(Articles 10-15)
Article 1:10 Domicile of a natural person and legal person
Article 1:11 Loss and change of domicile
Article 1:12 Dependant domicile of persons without full legal capacity
Article 1:13 Last address of the deceased
Article 1:14 Domicile in connection with a head office or a branch office
Article 1:15 Elected domicile
Title 1.4 Civil Status
(Articles 16 - 29f)
Section 1.4.1 Registrar of Civil Status
(16-16d)
Article 1:16 Registrar and Extraordinary Registrar of Civil Status
Article 1:16a Specification of duties
Article 1:16b Right to perform procedural acts in court
Article 1:16c Access for the public to the Registry of Civil Status
Article 1:16d Delegation
Section 1.4.2 Preservation of the Registers of Civil Status
(17-17c)
Article 1:17 Registers of Civil Status
Article 1:17a Moving the registers to the municipal archives
Article 1:17b Duty of the administrator of the municipal archives
Article 1:17c Delegation
Section 1.4.3
Certificates of Civil Status and parties to these instruments
(18-18c)
Article 1:18 Certificates of Civil Status
Article 1:18a Parties to a certificate of Civil Status
Article 1:18b Grounds of refusal for drawing up a certificate
Article 1:18c Doubling and replacement of certificates
Section 1.4.4 Certificates of birth, death and life ('attestatie de vita')
(19-19j)
Article 1:19 Birth certificate
Article 1:19a Birth of a child during a journey
Article 1:19b Special cases (foundling I)
Article 1:19c Special cases (foundling II)
Article 1:19d Special cases (gender)
Article 1:19e Report of birth
Article 1:19f Death certificate
Article 1:19g Death of a person during a journey
Article 1:19h Report of death
Article 1:19i Stillborn child
Article 1:19j Delegation
Article 1:19k Issuance of a life certificate ('attestatie de vita')
Section 1.4.5 Subsequent marks on certificates of Civil Status
(20-20h)
Article 1:20 Additional marks to already registered certificates
Article 1:20a Other additional marks on already registered certificates
Article 1:20b Foreign certificates and foreign court orders
Article 1:20c Refusal to register a later report of foreign certificates or court orders
Article 1:20d Delegation
Article 1:20e Providing information to the Registrar by official bodies and notaries
Article 1:20f Providing information to the Registrar by other Registrars
Article 1:20g Registration of facts in the public custody register
Article 1:20h
[repealed]
Section 1.4.6
Certificates of registration of certain judicial decisions
(21)
Article 1:21 Foreign marriages and foreign registered partnerships
Section 1.4.7 Evidential (probative) value of certificates of Civil Status as well as of copies and extracts of such certificates
(22-22a)
Article 1:22 Evidential value of certificates of Civil Status
Article 1:22a Evidential value of authentic copies and extracts
Section 1.4.8 Publication of certificates of Civil Status
(23-23c)
Article 1:23 Right of access to certificates of Civil Status
Article :23a Limited right of inspection
Article 1:23b True copies and extracts
Article 1:23c The making of original doubles
Section
1.4.9 Additions to the Registers of Civil Status and corrections of the certificates and later marks registered there
(24-24b)
Article 1:24 Additions and corrections
Article 1:24a Mistakes and writing or spelling errors
Article 1:24b Implementation of additions, corrections and removals
Section 1.4.10 Registration of foreign certificates and the judicial order to draw up a substitute birth certificate
(25-25g)
Article 1:25 Registration of foreign certificates
Article 1:25a Corrections of obvious mistakes in foreign certificates
Article 1:25b Later marks added to a certificate of registration
Article 1:25c Establishing of data which are necessary to draw up a substitute birth certificate
Article 1:25d Correction of incorrect or incomplete data
Article 1:25e
[repealed]
Article 1:25f Certificate of registration on the basis of a court order to establish the necessary data for a subsequent birth certificate
Article 1:25g Applicability of the statutory provisions of this Sectiontion
Section 1.4.11 Declaratory judgment on the legal validity of foreign certificates or court orders in the Netherlands
(26-26f)
Article :26 Declaratory court order
Article 1:26a Later marks
Article 1:26b No certificate present in a Dutch Register of Civil Status
Article 1:26c
[repealed]
Article 1:26d Authentic duplicate of a foreign certificate or court order
Article 1:26e Providing information to the Registrar by the court’s clerk
Article 1:26f
[repealed]
Section
1.4.12 Legal remedy against a refusal to draw up a certificate of Civil Status or to perform another act
(27-27c)
Article 1:27 Remedy against a refusal of the Registrar
Article 1:27a Additional orders of the District Court
Article 1:27b Providing information to the interested parties and the Registrar by the court’s clerk
Article 1:27c
[repealed]
Section 1.4.13 Court order to change the description of gender on the birth certificate
(28-28c)
l>
Article 1:28 Transsexuality and a change of the birth certificate
Article 1:28a Content of the petition and the presentation of an expert report
Article 1:28b Honouring the request
Article 1:28c Legal effects of a legal gender change
Section 1.4.14 Advisory Commission on matters of civil status and nationality
(29 - 29f)
Article 1:29 Advisory Commission
Article 1:29a Composition of the Advisory Commission
Article 1:29b Duties of the Advisory Commission
Article 1:29c Situations in which a Registrar must seek advice of the Advisory Commission
Article 1:29d Registrar not following the advice of the Advisory Commission
Article 1:29e Delegation
Article 1:29f Review of the work of the Advisory Commission every four year
Title 1.5 Marriage
(Articles 30 - 80)
Articl 30 Statutory provisions only affect the spuses
Section 1.5.1 Requirements for entering into a marriage
(31-42)
Article 1:31 Minimum age
Article 1:32 Mental disturbance
Article 1:33 Monogamy
Article 1:34
[repealed]
Article 1:35 Required approval for a marriage of a minor
Article 1:36 Substitute authorization of the Subdistrict Court
Article 1:37 Required approval for an adult who is placed under guardianship for dissipating property or excessive drinking
Article 1:38 Required authorisation for an adult who is placed under guardianship because of a mental disorder
Article 1:39 Appeal against an authorisation granted by the Subdistrict Court
Article 1:40
[repealed]
Article 1:41 Familial relationship as an impediment to marriage
Article 1:42 Registered partnership
Section 1.5.2 Formalities preceding the contracting of a marriage
(43-49a)
Article 1:43 Giving notice of marriage
Article 1:44 Required documents for giving notice of marriage
Article 1:45 Alternatives in the absence of a birth certificate
Article 1:45a Alternatives in the absence of a death certificate
Article 1:46 Validity period of a formal notice of marriage
Article 1:47 Investigation of required approvals
Article 1:48 Remarriage of a parent and taking inventory of property
Article 1:49 Promise of marriage
Article 1:49a Certificate of legal capacity to marry
Section 1.5.3 Interruption of an intended marriage on the basis of a legal impediment to a marriage
(50-57)
Article 1:50 Grounds for interrupting an intended marriage
Article 1:51 Interruption of an intended marriage by blood relatives and other persons
Article 1:52 Interruption of an intended marriage by the current spouse or registered partner of one of the prospective spouses
Article 1:53 Interruption of an intended marriage by the Public ProSectionution Service
Article 1:54 Formalities to interrupt an intended marriage
Article 1:55 Removal of the interruption of an intended marriage
Article 1:56 Legal effects of the interruption of an intended marriage
Article 1:57 Registrar may not cooperate if he is aware of an impediment to a marriage
Section 1.5.4 Contracting of a marriage
(58-68)
Article 1:58 Validity period of a certificate of the chief of police as meant in Article 1:44 paragraph 1, under point k
Article 1:59
[repealed]
Article 1:60
[repealed]
Article 1:61
[repealed]
Article 1:62 Waiting period of fourteen days and an exemption from it
Article 1:63 Place where the marriage is contracted and the required witnesses
Article 1:64 Marriage contracted outside the town hall
Article 1:65 The prospective spouses must appear in person
Article 1:66 Marriage by means of representation
Article 1:67 The prospective spouses must explicitly give their consent to the marriage
Article 1:68 Religious ceremonies
Section 1.5.5 Annulment of a marriage
(69-77)
Article 1:69 Persons who may apply for an annulment of marriage
Article 1:70 Annulment because of an unauthorised Registrar or a shortage of witnesses
Article 1:71 Annulment of marriage on the grounds of threat or mistake
Article 1:71a Annulment of a sham marriage
Article 1:72 Adult guardianship over one of the spouses no ground for the annulment of a marriage
Article 1:73 Annulment of a marriage on account of a previous mental disorder
Article 1:74 Annulment of a marriage because a spouse was not of the required age
Article 1:75 Annulment of a marriage because the required approval of a third person is lacking
Article 1:76 Annulment of a marriage exclusively on the basis of the statutory provisions of the present Section
Article 1:77 Legal effects of an annulment of marriage
Section 1.5.6 Proof of the existence of a marriage
(78-80)
Article 1:78 Principal rule: proof of a marriage only by means of a marriage certificate
Article 1:79 Proof of a marriage in the absence of a marriage certificate
Article 1:80 Proof that children are born from a marriage
Title 1.5A Registered partnership
(Articles 80a-80g)
Article 1:80a Requirements for a registered partnership
Article 1:80b Rights and duties of the partners (marital property regime)
Article 1:80c The end of a registered partnership
Article 1:80d Termination of a registered partnership with mutual consent
Article 1:80e Dissolution of the registered partnership
Article 1:80f Former registered partners who again enter into a new registered partnership with each other
Article 1:80g Conversion of a registered partnership into a marriage
Title 1.6 Rights and duties of spouses
(Articles 81-92a)
Article 1:81 Duty to provide support and necessary means
Article 1:82 Duty to care for and raise their children
Article 1:83 Providing information about the administration (management) of property
Article 1:84 Household expenses
Article 1:85 Joint and several liability of the spouses for household debts
Article 1:86 Lifting the liability for household debts
Article 1:87 Compensation when assets have shifted from one spouse's property to the other one's property
Article 1:88 Juridical acts for which the approval of the other spouse is needed
Article 1:89 Nullification of a voidable juridical act
Article 1:90 Management (administration) of property during the marriage
Article 1:91 Court order assigning administration to the other spouse
Article 1:92 Protection of third persons
Article 1:92a No applicability of Title 1.6 DCC to a legal separation
Title 1.7 Marital community of property
(Articles 93-113)
Section 1.7.1 General provisons
(93-96b)
Article 1:93 Dergation by nuptial agreement
Article 1:94 Marital community of property
Article 1:95 Compensations between properties: acquiring assets
Article 1:96 Compensation between properties: satisfying debts
Article 1:96a Compensation between properties: payment of sum insurance premiums
Article 1:96b Size (amount) of the compensation fixed by agreement between the spouses
Section 1.7.2 Management (administration) of the marital community of property
(97-98)
Article 1:97 Right of management (administration)
Article 1:98
[repealed]
Section 1.7.3 Dissolution of the marital community of property
(99-108)
Article 1:99 Grounds for dissolution of the marital community of property
Article 1:100 Division of a dissolved marital community of property and the rights of recourse of creditors
Article 1:101 Pre-emptive right to claim the apportionment of specific assets
Article 1:102 Liability for community debts
Article 1:103 Renouncement of the marital community of property
Article 1:104 Legal requirement for a renunciation
Article 1:105 Renunciation by the heirs of one of the spouses
Article 1:106 Extending the period for registration of the certificate of renunciation
Article 1:107 Loss of the right to make a renunciation
Article 1:108 Renunciation by both spouses or their heirs
Section 1.7.4 Termination of the marital community of property by court order
(109-113)
Article 1:109 Grounds for termination of the marital community of property
Article 1:110 Publication of the request for termination of the marital community of property
Article 1:111 Legal effect of the court order to terminate the matrimonial community of property
Article 1:112
[repealed]
Article 1:113 Repair of the marital community of property
Title 1.8 Nuptial agreements
(Articles 114-148)
Section 1.8.1 Nuptial agreements in general
(114-131)
Article 1:114 Conclusion of a nuptial agreement before or during the marriage
Article 1:115 Notarial deed; written authorisation for representation
Article 1:116 Protection of third persons
Article 1:117 Legal incapacity to enter into a prenuptial agreement
Article 1:118 Legal incapacity of adults under guardianship
Article 1:119 Authorisation of the District Court for making a postnuptial agreement
Article 1:120 Postnuptial agreement made during the marriage (protection of third persons)
Article 1:121 Content of a nuptial agreement
Article 1:122
[repealed]
Article 1:123
[repealed]
Article 1:124
[repealed]
Article 1:125
[repealed]
Article 1:126
[repealed]
Article 1:127
[repealed]
Article 1:128
[repealed]
Article 1:129
[repealed]
Article 1:130 Evidence against third persons that an asset is personal property
Article 1:131 Lack of evidence between the spouses
Section 1.8.2 Marital equalization obligations
(132-145)
Subsection 1.8.2.1 General rules for marital equalization obligations
Article 1:132 Applicability of Section 1.8.2 DCC
Article 1:133 Mutual obligation to equalize specific income or property
Article 1:134 Exclusion clause made by a testator or donor
Article 1:135 Equalization to obtain equal parts in de value of the income or property
Article 1:136 Assets subject to equalization used for the acquisition of property
Article 1:137 debt-claims arisen from an equalization obligation are set in money
Article 1:138 No obligation to render account for administration of private property subject to equalization
Article 1:139 Cancellation of the mutual marital equalization obligations and damages
Article 1:140 Extension of payment of chargeable equalization sums
Subsection 1.8.2.2 Periodical equalization obligations
Article 1:141 Special statutory provisions for periodical marital equalization obligations
Subsection 1.8.2.3 Final equalization obligation
Article 1:142 Reference day for the composition and extent of the property subject to equalization
Article 1:143 Description of the property to be equalized
Article 1:144
[repealed]
Article 1:145
[repealed]
Section 1.8.3
[repealed]
(146-148)
Article 1:146
[repealed]
Article 1:147
[repealed]
Article 1:148
[repealed]
Title 1.9 Dissolution of a marriage
(Articles 149-167)
Section 1.9.1 General provisions for the dissolution of a marriage
(149)
Article 1:149 End of a marriage
Section 1.9.2 Divorce
(150-167)
Article 1:150 Application for a divorce
Article 1:151 Irretrievable breakdown of the marriage
Article 1:152
[repealed]
Article 1:153 Provisional measures in connection with to be expected benefits (pension)
Article 1:154 Divorce upon a joint application of both spouses
Article 1:155 Equalization of pension entitlements
Article 1:156
[repealed]
Article 1:157 Maintenance allowance for a spouse (alimony)
Article 1:158 Agreement between the spouses on the provision of maintenance (alimony) after the divorce
Article 1:159 Contractual stipulation that the divorce agreement cannot be changed
Article 1:159a Taking recourse against a (former) spouse on the basis of the Work and Aid Act
Article 1:160 End of the obligation to pay maintenance (alimony)
Article 1:161
[repealed]
Article 1:161a
[repealed]
Article 1:162
[repealed]
Article 1:162a
[repealed]
Article 1:163 Registration of the divorce decree
Article 1:164 Redress for damages inflicted to the marital community of property
Article 1:165 Use of the house of the other spouse
Article 1:166 Earlier divorced persons remarry with each other
Article 1:167
[repealed]
Title 1.10 Legal separation and dissolution of a marriage after a legal separation
(Articles 168-196)
Section 1.10.1 Legal separation
(168-178)
Article 1:168
[repealed]
Article1:169 Most rules for a divorce apply accordingly to a legal separation
Article1:170
[repealed]
Article 1:171
[repealed]
Article 1:171a
[repealed]
Article 1:172
[repealed]
Article 1:173 Moment on which a legal separation takes effect
Article 1:174 Liability when the marital community of property has been damaged
Article 1:175 Use of the house of the other spouse
Article 1:176 Ending of a legal separation on account of an official reconciliation
Article 1:177
[repealed]
Article 1:178
[repealed]
Section 1.10.2 Dissolution of a marriage after a legal separation
(179-196)
Article 1:179 Required duration of the legal separation
Article 1:180 Provisional measures in connection with to be expected benefits (pension)
Article 1:181 Dissolution of the marriage upon a joint application of the spouses
Article 1:182 Most rules for a divorce apply also to a dissolution of a marriage after a legal separation
Article 1:183 Dissolution takes effect as of its registration in the register of marriages
Article 1:184
[repealed]
Article 1:185
[repealed]
Article 1:186
[repealed]
Article 1:187
[repealed]
Article 1:188
[repealed]
Article 1:189
[repealed]
Article 1:190
[repealed]
Article 1:191
[repealed]
Article 1:192
[repealed]
Article 1:193
[repealed]
Article 1:194
[repealed]
Article 1:195
[repealed]
Article 1:196
[repealed]
Title 1.11 Consanguinity
(Articles 197-226)
Section 1.11.1 General provisions
(197-199)
Article 1:197 Legal familial relationships
Article 1:198 Mother of a child
Article 1:199 Father of a child
Section 1.11.2 Denial of marital paternity
(200-202)
Article 1:200 Denial of paternity and time limits
Article 1:201 Denial of paternity after the death of a parent or child
Article 1:202 Legal effects of a court order acknowledging a denial of marital paternity
Section 1.11.3 Recognition of paternity
(203-206)
Article 1:203 Ways to recognize paternity
Article 1:204 Null and void recognition
Article 1:205 Nullification of a recognition of paternity
Article 1:206 Legal effects of the nullification of a recognition of paternity
Section 1.11.4 Judicial determination of paternity
(207-208)
Article 1:207 Determination of paternity by the court
Article 1:208 Determination of child maintenance (child support) in the same legal proceedings
Section 1.11.5 Claiming or contesting a legal familial status
(209-211)
Article 1:209 Legal familial status as indicated on a birth certificate
Article 1:210 No prescription of a right or action to claim or contest a legal familial status
Article 1:211 Persons entitled to file a request to claim a legal familial status
Section 1.11.6 Special guardian
(212-226)
Article 1:212 Appointment of a special guardian to represent a minor child during proceedings
Article 1:213
[repealed]
Article 1:214
[repealed]
Article 1:215
[repealed]
Article 1:216
[repealed]
Article 1:217
[repealed]
Article 1:218
[repealed]
Article 1:219
[repealed]
Article 1:220
[repealed]
Article 1:221
[repealed]
Article 1:222
[repealed]
Article 1:223
[repealed]
Article 1:224
[repealed]
Article 1:225
[repealed]
Article 1:226
[repealed]
Title 1.12 Adoption
(Articles 227-232)
Article 1:227 Grounds for adoption
Article 1:228 Requirements for the adoption of a child
Article 1:229 Legal effects of adoption: legal familial relationship
Article 1:230 Moment on which an adoption takes effect
Article 1:231 Revocation of the adoption
Article 1:232 Legal effects of a revocation of an adoption
Title 1.13 Infancy (minority of age)
(Articles 233-244)
Section 1.13.1 General provisions
(233-234)
Article 1:233 Minors
Article 1:234 Limited legal capacity of minors
Section 1.13.2 Judicial emancipation of a minor
(235-237)
Article 1:235 Minor with full legal capacity to perform certain juridical acts
Article 1:236 Revocation of a decreed emancipation by the court
Article 1:237 Publication of the emancipation of a minor
Section 1.13.3 The Child Protection Board
(238-243)
Article 1:238 Duties and powers of the Child Protection Board
Article 1:239 Power to act on behalf of minors and complaints procedure
Article 1:240 Setting aside a professional secret
Article 1:241 Child protection remedies (custodial control and interim guardianship)
Article 1:241a Article 1:243 applies accordingly to a Foundation exercising interim guardianship
Article 1:242 Duty of the Child Protection Board to keep itself informed
Article 1:243 Services to the Child Protection Board are to be provided free of charge
Section 1.13.4 Registers for authority exercised over minors
(244)
Article 1:244 Public authority registers
Title 1.14 Authority over minor children
(Articles 245-377)
Section 1.14.1 General provisions
(245-250)
Article 1:245 Basic principles regarding authority over minors
Article 1:246 Incapacity to exercise authority over minors
Article 1:246a
[repealed]
Article 1:247 Extent of parental authority
Article 1:247a Parenting plan at the end of a marked cohabitation
Article 1:248 Article 1:247 (2) applies accordingly to a legal guardian or stepparent
Article 1:249 Duties of the minor child
Article 1:250 Appointment of a special guardian
Section 1.14.2 Parental authority
(251-253m)
Subsection 1.14.2.1 Joint authority of parents during and after their marriage and authority of one of the parents after a divorce
Article 1:251 Joint authority of parents during and after their marriage
Article 1:251a Request to convert joint authority into exclusive authority after the marriage has ended
Article 1:252 Parents who after their divorce still A child born from the relationship of the former parents after their divorce
Article 1:253 Reactivation of authority when former spouses remarry with each other
Article 1:253a Court arrangement for the exercise of parental authority
Subsection 1.14.2.1a Joint authority of parents within a registered partnership
Article 1:253aa Authority over a child born during a registered partnership
Subsection 1.14.2.2 The authority of one parent in another situation than after a divorce
Article 1:253b Exercise of authority solely by the mother
Article 1:253c Request of the father to entrust him with authority over his child
Article 1:253d Authority over the child has fallen away
Article 1:253e Loss of authority over a child
Article 1:253f Authority after one of the parents has died
Article 1:253g Authority after the death of the parent who exclusively exercised authority
Article 1:253h Adjustment of the appointment of a guardian after the death of one of the parents
Subsection 1.14.2.2a Authority after the emancipation of an underage mother
Article 1:253ha Emancipation of an underage mother
Subsection 1.14.2.3 Administration of the child's property by the parents
Article 1:253i Administration and representation
Article 1:253j Parents must administer as a good administrator (liability for poor administration)
Article 1:253k Statutory provisions for the right of administration of a legal guardian apply accordingly
Article 1:253l Parental usufruct
Article 1:253m Exclusion of parental usufruct in last will or when making a gift
Section 1.14.3 Common provisions for the exercise of authority by both parents or by one of them
(253n-253s)
Article 1:253n Ending of the joint authority of non-married parents
Article 1:253o Change of authority that is exercised only by one parent
Article 1:253p Moment on which authority takes effect
Article 1:253q Effects of legal incapacity to exercise authority over minors
Article 1:253r Situations to which Article 1:253q applies accordingly
Article 1:253s Required approval of stepparents who care for and raise the child without having authority
Section 1.14.3A Joint authority of a parent together with another person who is not a parent of the child
(253sa-253y)
Subsection 1.14.3A.1 Joint authority of a parent and another person than a parent by operation of law
Article 1:253sa Joint authority of a parent together with another person by operation of law
Subsection 1.14.3A.2 Joint authority of a parent and another person than a parent by court order
Article 1:253t Request for joint authority
Article 1:253u Moment on which the requested joint authority takes effect
Article 1:253v Statutory provisions applying accordingly to a joint authority in the meaning of this Subsection
Subsection 1.14.3A.3 Common provisions for joint authority of a parent and another person than a parent
Article 1:253w Maintenance obligation for a person with authority who is not the parent of the child
Article 1:253x Legal effects of the death of the parent who jointly exercised authority with another person not being a parent
Article 1:253y End of a joint authority as meant in Article 1:253sa and 1:253t
Section 1.14.4 Custodial control remedies for minors
(254-265)
Article 1:254 Grounds for ordering custodial control over minors
Article 1:255 Interim guardianship
Article 1:256 Duration, extension and ending of custodial control
Article 1:257 Tasks of the Juvenile Care Bureau: provision of assistance and support
Article 1:258 Instructions of the Foundation (given by the family guardian that is employed at this foundation)
Article 1:259 Request filed at the Juvenile Court to cancel a written instruction
Article 1:260 Request at the Foundation for a withdrawal of an instruction
Article 1:261 Placement of the minor away from home (placement in care)
Article 1:262 Duration of an authorisation for a placement away from home
Article 1:263 Ending of a placement away from home
Article 1:263a Restrictions in the contacts between the child and its parent during a placement away from home
Article 1:263b Changing an arrangement for parental access
Article 1:264 Necessary medical treatment of the minor
Article 1:265 Procedural rules
Section 1.14.5 Removal and deprivation of parental authority
(266-278)
Article 1:266 Grounds for a removal of parental authority
Article 1:267 Persons who may request for a removal of parental authority
Article 1:268 Voluntary or forced removal of parental authority
Article 1:269 Grounds for a deprivation of parental authority
Article 1:270 Persons entitled to request for a deprivation of parental authority
Article 1:271 Suspension of parental authority and the institution of an interim guardianship
Article 1:271a Custodial control instead of suspension and interim guardianship
Article 1:272 Urgently required measures
Article 1:272a Custodial control instead of a removal or deprivation of parental authority
Article 1:273
[repealed]
Article 1:274 Only one of the parents is removed or deprived from parental authority
Article 1:275 No authority exercised by parents; appointment of a guardian
Article 1:276 Administration of the child’s property after a removal or deprivation of parental authority
Article 1:277 Restoration of parental authority
Article 1:278 Request for a restoration of parental authority; probationary period
Section 1.14.6 Guardianship of minors
(279-377)
Subsection 1.14.6.1 Guardianship of minors in general
Article 1:279
[repealed]
Article 1:280 Start of guardianship
Article 1:281 End of guardianship
Article 1:282 Joint guardianship
Article 1:282a End of a joint guardianship
Article 1:282b Death of one of the joint guardians
Article 1:283 Requests of a Youth Care Act Foundation
Article 1:284
[repealed]
Article 1:285
[repealed]
Article 1:286
[repealed]
Article 1:287
[repealed]
Article 1:288
[repealed]
Article 1:289
[repealed]
Article 1:290
[repealed]
Article 1:291
[repealed]
Article 1:291a
[repealed]
Subsection 1.14.6.2 Authority over a child delegated by one of the parents to a third person
Article 1:292 Guardianship of a minor delegated by last will
Article 1:293 Delegation of guardianship of a minor by last will without legal effect
Article 1:294
[repealed]
Subsection 1.14.6.3 Guardianship of a minor established by court order
Article 1:295 Jurisdiction of the District Court to appoint a guardian
Article 1:296 Temporary guardianship in expectation of the establishment of a guardianship
Article 1:297 Temporary guardianship in order to replace an appointed guardian
Article 1:298 Suspension to exercise actual guardianship
Article 1:299 Applicants who may request for the establishment of a guardianship
Article 1:299a Foster parents requesting for guardianship
Article 1:300
[repealed]
Article 1:301 Providing information by the Registrar of Civil Status to the District Court
Subsection 1.14.6.4 Guardianship by legal persons
Article 1:302 Delegation of guardianship of a minor to a legal person
Article 1:303 Powers and duties of a legal person exercising guardianship over minors
Article 1:304 Liability of the members of the Board of Directors of the Foundation
Article 1:305 Care proceedings (placement of minors away from home)
Article 1:306 Placing a minor in care at a location outside the Netherlands
Article 1:306a Interim guardianship
Article 1:307
[repealed]
Article 1:308
[repealed]
Article 1:309
[repealed]
Article 1:310
[repealed]
Article 1:311
[repealed]
Article 1:312
[repealed]
Article 1:313
[repealed]
Article 1:314
[repealed]
Article 1:315
[repealed]
Article 1:316
[repealed]
Article 1:317
[repealed]
Article 1:318
[repealed]
Article 1:319
[repealed]
Subsection 1.14.6.5 Discharge of guardianship
Article 1:320
[repealed]
Article 1:321
[repealed]
Article 1:322 Grounds for discharge
Article 1:323 End of a joint guardianship because of a discharge
Subsection 1.14.6.6 Legal incapacity to exercise guardianship over minors
Article 1:324 Discharge of a guardian due to legal incapacity to act as such
Article 1:325
[repealed]
Subsection 1.14.6.7 Custodial control over a minor who is placed under guardianship
Article 1:326 Custodial control over a minor under the guardianship of a guardian
Subsection 1.14.6.8 Removal of guardianship
Article 1:327 Grounds for a removal of guardianship
Article 1:328 Removal from guardianship of a Foundation in the meaning of the Youth Care Act
Article 1:329 Rules of procedural law
Article 1:330
[repealed]
Article 1:331 Interim guardianship during proceedings to remove a guardian from exercising guardianship
Article 1:331a Placement under custodial control instead of a suspension of the guardian and an interim guardianship
Article 1:332 Suspension and interim guardianship
Article 1:332a Custodial control after a request for removal of guardianship has been denied
Article 1:333
[repealed]
Article 1:334 Legal effects of a removal from guardianship
Article 1:335 No re-establishment of removed guardianship
Subsection 1.14.6.9 Supervision by the guardian over the minor as a person
Article 1:336 Duty of the guardian
Article 1:336a Rights of foster parents
Subsection 1.14.6.10 Administration of the minor’s property by the guardian
Article 1:337 Representation of the minor and administration of his property
Article 1:337a Subsections 10 and 11 apply accordingly to a joint guardianship
Article 1:338 Taking inventory
Article 1:339 Declaration instead of a written inventory
Article 1:340 Lengthening of the period within which a written inventory or declaration must be submitted
Article 1:341 Debt-claims of the guardian against the minor
Article 1:342 Duty to make an inventory when the minor later on acquires property
Article 1:343 Guardian’s power to act on behalf of the minor
Article 1:344 Deposit of stock exchange securities of the minor
Article 1:345 Authorisation of the Subdistrict Court
Article 1:346 Approval of the Subdistrict Court when the guardian wants to buy or lease property of the minor
Article 1:347 Nullification of a voidable juridical act
Article 1:348 Acquiring outstanding debt-claims against the minor or limited property rights on his property
Article 1:349 Guardian’s right to act in court on behalf of the minor
Article 1:350 Investment of property
Article 1:351 Continuation of the enterprise of the minor
Article 1:352 Lack of authorisation
Article 1:353 Renouncement of a share in a dissolved marital community of property
Article 1:354 Hearing of the guardian
Article 1:355 Making an inventory of the minor’s property when his parent enters into a marriage again
Article 1:356 Instructions and authorisation of the Subdistrict Court
Article 1:357 Costs of the implementation of legal measures
Article 1:358 Expense allowance and remuneration for the guardian
Article 1:359 Periodically rendering account for the way in which the guardian has exercised his right of administration
Article 1:360 Corrections and examination of the account of administration
Article 1:361 Preservation of written accounts
Article 1:362 Liability for poor administration
Article 1:363 Providing security by the guardian
Article 1:364 Ending of the obligation to provide security
Article 1:365 Notification to the Child Protection Board when the guardian is in default
Article 1:366 Notification to the Child Protection Board of poor administration by the guardian
Article 1:367 Possible removal from guardianship
Article 1:368
[repealed]
Article 1:369 Joint assets of two or more minors under guardianship
Article 1:370 Constitution of a protective administration of the minor’s property
Article 1:371 Notification of a change of the guardian’s domicile
Article 1:371a Duty of the clerk of the Court when the guardian moves to another district
Subsection 1.14.6.11 Rendering account at the end of the guardianship
Article 1:372 Rendering account for performed administration
Article 1:373 Persons to whom account must be rendered
Article 1:374 Rendering account before the Subdistrict Court
Article 1:375 Voidable juridical acts performed with or towards the guardian by a child after it has become of age
Article 1:376 No interest charged over a debt of the minor to the guardian
Article 1:377 Prescription
Title 1.15 Right of contact with the child and the provision of information
(Articles 377a-377h)
Article 1:377a Right of contact and visitation arrangements
Article 1:377b Information and consultation
Article 1:377c Information to be provided by professional third persons
Article 1:377d Start of exercising right of contact [right of access]
Article 1:377e Change of a court order or a visitation arrangement for having contact with the child
Article 1:377f
[repealed]
Article 1:377g Minor himself may ask the court to take certain decisions
Article 1:377h
[repealed]
Title 1:16. Guardianship of adults
(Articles 378-391)
Article 1:378 Grounds for ordering an adult guardianship
Article 1:379 Request for an adult guardianship order
Article 1:380 Interim administration
Article 1:381 Start of adult guardianship and of the legal incapacity of the adult
Article 1:382 Performing acts of family law
Article 1:383 Appointment of a legal guardian over an adult
Article 1:384 Legal effects of a revision of an adult guardianship order
Article 1:385 Statutory provisions for guardianship of minors that apply accordingly to an adult guardianship
Article 1:386 Right of administration of and remuneration for the legal guardian
Article 1:387
[repealed]
Article 1:388
[repealed]
Article 1:389 End of an adult guardianship
Article 1:390 Publication of judicial decisions concerning adult guardianships
Article 1:391 Public register for adult guardianships
Title 1.17 Maintenance
(Articles 392-408)
Section 1.17.1 General provisions
(392-403)
Article 1:392 Maintenance debtors (child support)
Article 1:393
[repealed]
Article 1:394 Maintenance obligation for begetter of a child or life companion of the mother
Article 1:395 Maintenance obligation of a stepparent
Article 1:395a Maintenance obligation towards children between the age of 18 and 21 years
Article 1:395b Conversion of a maintenance allowance on behalf of a minor child when he has reached legal majority
Article 1:396 Maintenance obligation to children-in-law and of parents-in-law
Article 1:397 Determination of the amount for maintenance
Article 1:398 Providing maintenance by taking in the maintenance debtor
Article 1:399 Moderation of maintenance obligation
Article 1:400 Ranking order of maintenance debtors
Article 1:401 Grounds for changing or revoking a maintenance obligation
Article 1:402 Day on which the maintenance allowance is claimable and terms of payment
Article 1:402a Annual indexation of the maintenance allowance
Article 1:403 Peremptory time limit
Section 1.17.2 Provision for the costs of care and upbringing of minor children and stepchildren
(404-408)
Article 1:404 Maintenance obligation in proportion to financial capacity
Article 1:405
[repealed]
Article 1:406 Determining the amount of an obligation to provide for care and upbringing of minor children
Article 1:406a Applicants
Article 1:406b
[repealed]
Article 1:406c
[repealed]
Article 1:406d
[repealed]
Article 1:407 Change of the amount
Article 1:408 The way in which an allowance for costs of care and upbringing must be paid
Title 1.18 Absence, missing persons and the determination of death
(Articles 409-430)
Section 1.18.1 A fiduciary administration in the interest of an absent person
(409-411)
Article 1:409 Appointment of a legal administrator in the absence of the proprietor
Article 1:410 Applicability of the statutory provisions for protective administration and guardianship of minors
Article 1:411 End of a fiduciary administration in the interest of an absent person
Section 1.18.2 Persons whose existence is uncertain
(412-425)
Article 1:412 Authorisation to exercise the rights of an heir or legate
Article 1:413 Court order for a declaration that a missing person is presumably dead
Article 1:414 Process of calling the missing person to court
Article 1:415
[repealed]
Article 1:416 No appeal open against a court order as meant in Article 1:413
Article 1:417 Death certificate
Article 1:418 Obligations for the heirs and legatees of the missing person
Article 1:419 Documents to be deposited at the Registry of the District Court
Article 1:420 Appointment of a legal administrator
Article 1:421 Obligations of the spouse or registered partner
Article 1:422 Return of the missing person or an incorrect date of his death in his death certificate
Article 1:423 Incorrect death certificate
Article 1:424
[repealed]
Article 1:425 Civil status and authority over the children of the missing person who has returned
Section 1.18.3 Determination of death in certain cases
(426-430)
Article 1:426 Declaration of death
Article 1:427 Content of the court order
Article 1:428
[repealed]
Article 1:429 Registration in the register of death
Article 1:430 Legal effects of a registration in the Register of Death
Title 1.19 Fiduciary administration for adults
(Articles 431-449)
Article 1:431 Grounds for a fiduciary administration of adults
Article 1:432 Persons entitled to file a request for a fiduciary administration
Article 1:433 Substitution of assets placed under fiduciary administration
Article 1:434 Specification of the assets to be placed under fiduciary administration
Article 1:435 Persons to be appointed as legal administrator
Article 1:436 Duties of the legal administrator
Article 1:437 Two or more legal administrators
Article 1:438 Administrative acts and power of disposition
Article 1:439 Protection of third persons
Article 1:440 Recovery of debt-claims from property under fiduciary administration
Article 1:441 Duties of the legal administrator
Article 1:442 Protection of a party acting with or towards a legal administrator
Article 1:443 Authorisation to start legal proceedings
Article 1:444 Liability of the legal administrator
Article 1:445 Rendering accounts
Article 1:446 Periodical distribution of benefits and the return of assets when final accounts are rendered
Article 1:446a After five years: report to the Subdistrict Court regarding continuation
Article 1:447 Remuneration of the legal administrator
Article 1:448 End of the duties of the legal administrator
Article 1:449 End of the fiduciary administration
Title 1.20 Protective mentorship
(Articles 450-462)
Article 1:450 Grounds for a protective mentorship
Article 1:451 Persons entitled to file a request for the establishment of a protective mentorship
Article 1:452 Appointment of a legal mentor
Article 1:453 Legal incapacity of the adult under mentorship to perform specific juridical acts
Article 1:453a Incapability to exercise parental authority
Article 1:454 Duties and liability of the legal mentor
Article 1:455 Liability of the involved adult for debts incurred in his name by the legal mentor
Article 1:456 Authorisation to start legal proceedings
Article 1:457 Nullification of voidable juridical acts
Article 1:458 Fiduciary administration and protective mentorship at the same time
Article 1:459 Report to the Subdistrict Court
Article 1:460 Compensation for costs and remuneration for the legal mentor
Article 1:461 End of the duties of the legal mentor
Article 1:462 End of the protective mentorships