Country handbooks describe the source and nature of foreign laws and compare contract principles and methods of doing business with conventional U.S. concepts. Issues and responses identified in these handbooks should be reviewed with cognizant counsel and tested against the facts and circumstances of specific transactions.

Sources and characteristics of Dutch contract law

The Dutch Civil Code (Burgerlijk Wetboek, hereinafter also referred to as “DCC”), the Code of Commerce (Wetboek van Koophandel) and a large number of acts, decrees and regulations codify and regulate Dutch contract law. Also EU Law is an important source of Dutch contract law. Moreover, codified rules of contract law are often specified or clarified in case law. The Civil Code is divided into nine different sections, each referred to as a “Book”. For Dutch contract law especially the Books 3, 6, 7 and 7A are relevant. Book 3 deals with the general principles and the law of patrimony. Book 6 contains the law of obligations and related general principles. Book 7 and 7A deal with “special contracts”, i.e. contracts that are subject to specific statutory rules.
No distinction is made between civil contracts and commercial contracts. No distinction is made on the basis that one or more contract parties is foreign, or (for instance) is a Government agency. The relevant (statutory) provisions of contract law apply to all transactions which constitute contracts, and to all persons who are a party to such transactions.

Klik hier voor het hele artikel.