This second edition of The Civil Code of the Netherlands will be an invaluable tool for lawyers, businessmen and students in their practice of, research or study into Dutch Law. The first edition, published in 2009, reflected the Civil Code as in effect on 1 October 2008. Since then it has been supplemented by significant new statutory provisions, the most important of which is the addition of Book 10 (Private International Law), which entered into force on 1 January 2012. The translators, who continually strive to update, improve and modernise their translation, are Hans Warendorf, a Dutch advocaat and former senior partner of a leading Dutch law firm; Richard Thomas, a solicitor of the Supreme Court of England and Wales and London partner of the international law firm Vedder Price, both experienced cross-border legal practitioners who have worked together as a translation team for more than twenty years; and Dr. Ian Curry-Sumner, founder of the Dutch legal advice firm Voorts Legal Services in Utrecht, with more than 10 years' experience translating and lecturing Dutch family and inheritance law.

This work consists of an English translation, alongside the Dutch text, of the new law of property, rights and interests and the law of obligations (Book 3), the law of real rights (Book 5), the general part of the law of obligations (Book 6) and the law of special contracts (Book 7) of the Netherlands Antilles Civil Code, which entered into force in the Netherlands Antilles on 1 January 2001 and in Aruba on 1 January 2002. It also contains the transitional law enacted on introduction of this new legislation. It is published in Kluwer Law International's "Series of Legislation in Translation". For the non-Dutch speaking residents of the Netherlands Antilles and Aruba, practitioners advising on Netherlands Antilles law and persons or companies interested in the regulation of civil law this work will be essential. The authors, who are experienced legal translators, are authors of Netherlands Business Legislation , a Kluwer Law International publication, which contains a translation of the corresponding Dutch law and other statutory regulations.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Netherlands covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

A standard legal resource since its first edition in 1978, this matchless book has proven itself the ideal overview of Dutch law for foreign lawyers. This Sixth Edition fully updates its systematic description of the legal sources, institutions, and concepts in all major fields of law. Recent developments covered include the progressive implementation of standards set by international conventions, the reorganization of the judiciary, the statute on environmental law, and the (re)codification of private international law. The continuing influence of European law is evident in many fields, perhaps most notably in family law. The various chapters are written by experts - scholars and lawyers - in particular fields, and provide an authoritative overview of each field. The historical sources of Dutch law are discussed, as well as Dutch legal culture, legal philosophy, judicial organization, legal education, and the legal profession. These chapters are followed by introductions to essential issues of private and public law and labour law. The last chapter examines financial law. The only resource of its kind available, this book is unmatched as a thorough guide to further research. It offers practitioners, particularly foreign lawyers, a quick and reliable way into any area of Dutch law that they may be required to research. It will also be of great value to comparatists (especially those studying the influence of European law on national legal systems), scholars, and students. Like previous editions, the Sixth Edition has been prepared under the auspices of the Netherlands Comparative Law Association.

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

". First integrated English translation of all Dutch statutory provisions in the field of family law."--Page ix.