Dutch Civil Code

8/10/2019 Dutch Civil Code

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the observance is of such importance to a 'tate for the

preservation of its public interests% such as its political% social

or economic organisation% that they must be applied to everycase falling within the scope of such provisions% regardless

which law is applicable apart from that! ". The application

of the law which is designated by a conflict of law rule% shall

be ignored to the e"tent that% in the given case% provisions of

special mandatory law of the etherlands are applicable! $.

In the application of the law which is designated by a conflict

of law rule% effect may be given to provisions of special

mandatory law of a foreign 'tate with which the case isclosely connected! *hen deciding whether effect has to be

given to such foreign provisions% account is taken of the

nature and intention (purpose) of these provisions and of the

outcome of the application or non&application thereof!

Article 10: Close connection o! a case wit& a -tate 1.

The law that is designated by a legal rule which itself is

based on a presumed close connection with that law% shall%

by way of e"ception% remain inapplicable if% in view of all

circumstances of the case% the close connection presumed in

that legal rule% obviously only e"ists to a small e"tent% while

there e"ists a much closer connection with another law! ".

aragraph 1 does not apply where parties have made a valid

choice of law!

Article 10:2 3naccepta)le violation o! parties4

con!idence or o! leal certainty*here a fact has certain

legal effects under the law that is applicable according to the

private international law of a foreign 'tate involved% a #utch

court may% even when the law of that foreign 'tate is not be

applicable according to #utch private international law%

attach the same legal effects to that fact% as far as a non&

attachment of these legal effects would be an unacceptable

violation of the parties+ ,ustified confidence or of legal


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certainty!

Article 10:10 C&oice o! lawTo the e"tent that a choice oflaw is allowed% it must have been made e"plicitly or it must

appear otherwise sufficiently clear!

Article 10:11 Leal incapacity o! minors 1.*hether a

natural person is a minor (under age) and to what e"tent he

has the legal capacity to perform ,uridical acts% shall be

determined by his national law! If the person involved

possesses the nationality of more than one 'tate and his

habitual residence is located in one of these 'tates% then the

law of that 'tate shall be his national law! *here his habitual

residence is not located in one of these 'tates% then his

national law shall be the law of the 'tate of his nationality

with which he% taken into consideration all circumstances% is

most closely connected! ".In regard of a more&sided

(multilateral) ,uridical act falling outside the scope (field of

application) of the -egulation of the .uropean arliament

and Council of 1/ une 002 on the 3aw 4pplicable toContractual 5bligations (6the -ome I -egulation+)% (.C) o

789:002% 4rticle 1/ of that -egulation shall apply

accordingly to the right to invoke the legal incapacity or legal

incompetence of a natural person who is a party to a ,uridical

act!

Article 10:1" 5uridical act su)6ect to !ormal

re(uirements 1. In terms of formal re$uirements% a

,uridical act shall be valid if it meets the formal re$uirements

of the foreign law that is applicable to the ,uridical act itself

or of the law of the 'tate where the ,uridical act is

performed! ".4 ,uridical act performed between two

persons who find themselves in different 'tates is% in terms

of formal re$uirements% valid if it meets the formal

re$uirements of the law that is applicable to the ,uridical act

itself% or of the law of one of those different 'tates% or of the


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in a 'tate or where they% in the given circumstances% do not

lead to a designation of an applicable legal system% the legal

system of the 'tate shall be applied with which the personinvolved% taking into account al circumstances% is most

closely connected!

Article 10:1 9atural person wit&out 7an ascertained8

nationality 1.If the national law of a natural person is

applicable and the person involved is stateless or his

nationality cannot be ascertained% the law of the 'tate where

his habitual residence is located is deemed to be his national

law! ".The rights ac$uired by such person in the past and

which result from his civil status% in particular the rights

resulting from marriage% shall be respected!

Article 10:1/ Civil status o! aliens 1.The civil status of

an alien (foreigner) to whom a residence permit as meant in

4rticle 2 or 99 of the 4liens 4ct 000 is granted and of an

alien (foreigner) who has obtained an according resident

status in a foreign country% is governed by the law of the'tate where his domicile is located or% when he has no

domicile% by the law of the 'tate where his habitual

residence is located! ".The rights ac$uired by such alien

(foreigner) in the past and which result from his civil status%

in particular the rights resulting from marriage% shall be

respected!

Title 10." 9ame

Article 10:1 Implementation o! t&e +unic&

Convention on 9amesThe present Title (Title 10!)

implements also the Convention on the 3aw 4pplicable to

'urnames and orenames concluded at ;unich on 7


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'eptember 1820 (Treaty 'eries 1821% /)!

Article 10:12 Applica)le law !or t&e determination o!t&e names o! an alien 7!oreiner8 1.The surname and

forenames of an alien (foreigner) shall be determined by the

law of the 'tate of his nationality! The law of that 'tate

includes the rules of private international law of that 'tate!

or this purpose e"clusively% the situations on which

surnames and forenames depend shall be assessed in

accordance with the law of that 'tate! ". *hen an alien

(foreigner) has more than one nationality% the law of the

'tate of which he has the nationality and with which he%

taken all circumstances into account% is most closely

connected% shall be applicable!

Article 10:"0 Applica)le law !or t&e determination o!

t&e names o! a person o! %utc& nationalityThe surname

and the forenames of a person of #utch nationality shall be

determined% regardless whether he has another nationality

as well% by #utch law! This will even be the case whenforeign law is applicable to the familial relationship and the

e"istence or ending of that relationship may have effect on

the surname!

Article 10:"1 Additional mark in t&e )irt& certi!icate o!

a person wit& more t&an one nationality4 person who

possesses more than one nationality% may re$uest the

-egistrar of Civil 'tatus to add a later mark to his birth

certificate of the name that is used by him in accordance

with the law of one of the 'tates of which he has the

nationality% but which law has not been applied!

Article 10:"" Applica)le law in case o! a c&ane o!

nationality 1.In case of a change of nationality% the law of

the 'tate of the new nationality shall apply% including the

rules of law of that 'tate concerning the effects of the


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change of nationality on names! ". *hen an alien

(foreigner) obtains the #utch nationality% this shall not result

in a change of his surname or forename(s)% e"cept where itconcerns the provisions of 4rticle 10enship 4ct)

Article 10:"$ Application o! %utc& law w&en it is

impossi)le to determine t&e !orein law applica)le 1.

If the -egistrar of Civil 'tatus% when drawing up a certificate

in which the surname and forename(s) of an alien

(foreigner) must be inserted% applies #utch law because he

is unable to establish the contents of the law which is

applicable to the determination (assessment) of these

names% he shall report his decision without delay to the

public prosecutor at the #istrict Court within the territory of

which the certificate is registered in the -egisters of Civil

'tatus! ".4 certificate drawn up in the way meant in the

previous paragraph may% upon the re$uest of any interested

person or of the ublic rosecution 'ervice% be corrected

under the application of 4rticle 1ed in the etherlands! 'uch

recognition cannot be refused as being incompatible with

public order on the sole ground that another law has been


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applied than the law that would have been applicable

pursuant to the provisions of the #utch Civil Code! ".The

provisions of paragraph 1 shall not affect the application of4rticle 10ed by a

person of #utch nationality or that has become% without such

recognition% by legitimation the child of a person of #utch

nationality% has obtained by option (choice) #utch nationality%

while at the time that this option is e"ercised it stands into a

legal familial relationship to both of its parents% then itsparents may declare ,ointly% at the occasion of the e"ercise

of that option% which of their two surnames the child will

have! *here the child% at the time that the option is

e"ercised% has reached the age of si"teen years% it shall

declare itself whether it wants to have the surname of its

father or its mother!c.if a child due to an adoption that was

decreed outside the etherlands has obtained the #utch


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nationality and if the surname of that child has not yet been

determined after this adoption pursuant to a choice of name

as meant in 4rticle 1


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a choice of name as presented under the present paragraph%

under (a) up to and including (f)% it is indifferent whether the

child has another nationality besides its #utch nationality!".In the situation meant in paragraph 1% under (b)% the

declaration on the choice of name is made in front of the

-egistrar of Civil 'tatus of the municipality where the option

for the #utch nationality is received! In the other situations%

the declaration on a choice of name may be made in front of

any -egistrar of Civil 'tatus in the etherlands!

Article 10:" Transitional law@pon the re$uest of an

interested party% the surnames and forenames mentioned on

certificates of civil status which are registered prior to 1

anuary 1880 in the -egisters of Civil 'tatus% will be changed

in accordance with the provisions of the present Title (Title

10!)! *here the re$uest relates to an alien (foreigner)% the

change must appear from a document drawn up by a

competent authority of the 'tate of his nationality! The

changes will be made in the relevant certificates of civil

status by adding a later mark to it!

Title 10.$ +arriae

Section 10.3.1 Contracting and

recognition of the validity of marriages

Article 10:"/ -cope o! applicationThe present 'ection

('ection 10!9!1) implements the Convention on Celebration

and -ecognition of the Aalidity of ;arriages% concluded at the

ague on 1? ;arch 18/2 (Treaty 'eries 182/%19/)! It is

applicable to the contracting of marriages in the etherlands

if% in relation to the nationality or residence of the

prospective spouses% a choice has to be made with regard to


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the $uestion which national law governs the legal

re$uirements for entering into a marriage% and it is

applicable also to the recognition of marriages contractedabroad! It does not apply to the power (competence) of the

-egistrar of Civil 'tatus!

Article 10:" econition o! t&e contractin o! a

marriae4 marriage is contracted


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nationality% if that impediment cannot be accepted on the

basis of 4rticle 10


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incompatible with #utch public order!

Article 10:$$ Applica)ility o! Articles 10:$1 and 10:$"to principal and preliminary issues4rticles 10


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terms of formal re$uirements% a designation as meant in the

present 4rticle shall be valid if the formal re$uirements for

such designation have been observed of the law which isapplicable to the marital property regime of the spouses!

Article 10:$ %esination )y law w&en no c&oice is

made In the absence of a designation of the applicable law

by the spouses% personal legal relations between spouses

themselves are governed


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moment on which they entered into that obligation% by the

law of that 'tate and% in the absence of such situation% by

the law applicable to the obligation!

Article 10:'0 Leally re(uired approval o! t&e ot&er

spouse !or per!ormin 6uridical actsThe $uestion

whether a spouse needs the other spouseDs approval for the

performance of a ,uridical act% and if so% in which form this

approval should be granted% and whether the re$uired

approval can be replaced by a decision of a court or another

authority% and which legal effects arise when the re$uired

approval is lacking% is governed by the law of the 'tate

where the other spouse has his habitual residence at the

moment on which the ,uridical act in $uestion was

performed!

Article 10:'1 Law applica)le to t&e marital property

reime or to t&e personal leal relations is indi!!erent

The provisions of 4rticles 10


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the situation meant in 4rticle 7% paragraph % or 4rticle /%

paragraph % of that Convention% the marital property regime

of spouses who both% at the moment that they entered intotheir marriage% possessed the #utch nationality% shall be

governed by #utch law% irrespective of whether they both or

one of them has another nationality also! *here both

spouses have more than one common nationality% they are

deemed not to have a common nationality for the purpose of

the present 4rticle!

Article 10:'' Leal e!!ects towards t&ird personsThe

legal effects of the marital property regime in respect of

legal relations between the spouses on the one hand and a

third person on the other% are governed by the law applicable

to the marital property regime!

Article 10:'* eistration t&at !orein law is

applica)le to t&e marital property reime4 spouse

whose marital property regime is governed by foreign law

may re$uest for the registration of a notarial deed in thepublic register meant in 4rticle 1


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performed the ,uridical act knew or ought to have known

that the marital property regime of the spouses was

governed by foreign law! This is deemed to be the case if the,uridical act was performed at a moment on which fourteen

days have passed since the notarial deed meant in 4rticle

10


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Article 10:*1 i&t to e(ualisation o! accrued pension

entitlements*hether a spouse is entitled% at the occasion

of a divorce or legal separation% to a part of the pensionrights accrued on behalf of the other spouse% is governed by

the law applicable to the marital property regime of the

spouses% e"cept where it concerns 4rticle 1% paragraph /% of

the 4ct on the .$ualisation of ension .ntitlements after

'eparation!

Article 10:*" Transitional law 1. The present 'ection

('ection 10!9!9) is applicable to the marital property regime

of spouses who have entered into their marriage after 1

'eptember 188! ". In derogation from paragraph 1% 4rticle

10


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E) This is the day that the aforementioned Convention% containing

rules in regard of conflicts of law with respect to the legal effectsof a marriage for the rights and obligations between spouses

within their personal legal relations and for their property% ceasedto be in force for the etherlands!

Section 10.3. !issolution of marriage

and legal separation

Article 10:*' Implementation o! t&e ;aue and

Lu#em)our ConventionThe present 'ection ('ection

10!9!?) also implements the< a.Convention on the

-ecognition of #ivorces and 3egal 'eparations% concluded atthe ague on 1 une 18/0 (Treaty 'eries 18/8% 191)% and).

Convention on the -ecognition of #ecisions -elating to the

Aalidity of ;arriages concluded at 3u"embourg on 2

'eptember 18=/ (Treaty 'eries 18/8% 190)!

Article 10:**


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Article 10:*/ econition o! !orein decisions

reardin a dissolution o! a marriae or a leal

separation 1.4 dissolution of a marriage (divorce) or legalseparation decreed outside the etherlands after a proper

administration of ,ustice is recogni>ed in the etherlands if it

has been decreed by a decision of a court or other authority

to whom ,urisdiction on this matter has been granted! ". 4

dissolution of a marriage (divorce) or legal separation

decreed outside the etherlands% that does not meet one or

more of the conditions stated in the previous paragraph%

shall nevertheless be recogni>ed in the etherlands if it isclear that the other party in the foreign legal proceedings

e"plicitly or tacitly during these proceedings has consented

to the dissolution of the marriage or legal separation or if it

is clear that the other party after those proceedings has

accepted the dissolution of the marriage (divorce) or the

legal separation!

Article 10:* epudiation o! t&e wi!e )y t&e &us)and4

dissolution of a marriage (divorce) that has been proclaimed

outside the etherlands solely by means of a one&sided

(unilateral) declaration of the man shall be recogni>ed if


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Title 10.' eistered partners&ip

Section 10..1 "ntering into a registeredpartnership in the #etherlands

Article 10:0 Law applica)le to t&e constitution o! a

reistered partners&ip 1.The entry into a registered

partnership in the etherlands is sub,ect to the provisions of

4rticle 1


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not allowed to enter into such registered partnership in the

'tate where this action took place! $. or the purposes of

paragraph 1 and % the word 6law+ includes rules of privateinternational law! '.4 registered partnership is presumed

to be valid if a certificate of registered partnership has been

issued by a competent authority! *.Irrespective of what is

provided in paragraph 1 and % a registered partnership

which is entered into outside the etherlands can only be

recognised as such if it concerns a legally regulated form of

cohabitation of two persons maintaining a close personal

relationship with each other% that at least


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personal legal relations between partners themselves are

governed by the law designated by the partners prior to or

during their registered partnership% whether or notsimultaneously with a change of a previous designation! ".

The partners can only designate a legal system which

provides for a registered partnership itself! $.In terms of

formal re$uirements% a designation as meant in the present

4rticle shall be valid if the formal re$uirements for such

designation set under the law which is applicable to the

partnership property regime have been observed!

Article 10:* Law applica)le to t&e personal leal

relations )etween t&e partnersIn the absence of a

designation of the applicable law by the partners% the

personal legal relations between partners who have entered

into their registered partnership in the etherlands% shall be

governed by #utch law! *here the partners have entered

into their registered partnership outside the etherlands% the

personal legal relations between them shall be governed by

the law% including the private international law% of the 'tate

where the registered partnership was entered into!

Article 10: +oment o! applica)ility o! anot&er

desinated law*here a designation as referred to in 4rticle

10


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law!

Article 10: Leally re(uired approval o! t&e ot&erpartner !or per!ormin 6uridical actsThe $uestion

whether a partner needs the other partner+s approval for the

performance of a ,uridical act% and if so% in which form this

approval should be granted% and whether the re$uired

approval can be replaced by a decision of a court or another

authority% and which legal effects arise when the re$uired

approval is lacking% is governed by #utch law if the other

partner% at the moment on which the ,uridical act in $uestion

was performed% has his habitual residence in the

etherlands!

Article 10:2 Law applica)le to t&e partners&ip

property reime or to t&e personal leal relations is

indi!!erentThe provisions of 4rticles 10


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paragraph 1% the law of the place ('tate) where that

property is located! $.In any event% partners can only

designate a legal system that provides for a registeredpartnership itself!

Article 10:/1 Law applica)le to t&e partners&ip

property reime w&en t&e partners &ave not made a

c&oice o! law 1.*here the registered partnership is

entered into in the etherlands and the partners have not

designated the applicable law before they entered into that

registered partnership% their partnership property regime

shall be governed by #utch law! ".*here the registered

partnership is entered into outside the etherlands and the

partners have not designated the applicable law before they

entered into that registered partnership% their partnership

property regime shall be governed by the law% including the

private international law% of the 'tate where they entered

into their registered partnership!

Article 10:/" A c&ane o! t&e applica)le law durin t&ereistered partners&ip 1.The partners may submit their

partnership property regime during their registered

partnership to another internal (national) law than the one

that applied to it up until then! ".4rticle 10


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reac&ed consensus a)out a c&oice o! lawThe

re$uirements to determine whether the partners have

reached consensus on the designation of the law thatgoverns their partnership property regime% are determined

by that law!

Article 10:/* %esination o! t&e applica)le law 7c&oice

o! law8The designation of the law that governs the

partnership property regime (choice of law) must be agreed

e"plicitly or result otherwise unambiguously from the terms

and conditions governing the registered partnership!

Article 10:/ >alidity o! t&e terms and conditions

overnin t&e reistered partners&ipIn terms of formal

re$uirements% the terms and conditions governing the

registered partnership are valid if they are in conformity

either with the internal (national) law applicable to the

partnership property regime or with the internal (national)

law of the place ('tate) where these terms and conditions

were entered into! They must always be written down in adated document that is signed by both partners!

Article 10:// =ormal re(uirements !or a c&oice o! law

The e"plicitly agreed designation of the law governing their

partnership property regime (choice of law)% must be done in

the same form as the one that has to be observed for the

terms and conditions that govern the registered partnership

either pursuant to the designated internal (national) law or

pursuant to the internal (national) law of the place ('tate)

where this designation was made! The designation must

always be written down in a dated document that is signed

by both partners!

Article 10:/ Law applica)le to t&e property relations

o! a partner towards t&ird personsThe effects of the

partnership property regime on the legal relations between a


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partner and a third person are governed by the law

applicable to the partnership property regime!

Article 10:/2 eistration t&at t&e partners&ip

property reime is overned )y !orein law4 partner

whose partnership property regime is governed by foreign

law may re$uest for the registration of a notarial deed in the

public register meant in 4rticle 1


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of private international law of the 'tate where this asset is

located% while this advantage would not have been en,oyed

under the law designated on the basis of the provisions ofthe #utch Civil Code% then the other partner may claim an

e$ualisation or compensation of that advantage at the final

settlement of the account made between the partners in

connection with the ending or alteration of their partnership

property regime!

Article 10:" Application o! Article 1:2"7$8 w&en

recourse is taken aainst t&e partners4rticle 1


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partnership in the #etherlands

Article 10: Law overnin t&e endin o! a %utc&reistered partners&ip*hether a registered partnership

that has been entered into in the etherlands can be ended

by mutual consent of the partners or through a dissolution

and% if so% on what grounds% is governed by #utch law!

Article 10:/ Law overnin t&e endin o! a !orein

reistered partners&ip 1.*hether a registered

partnership that has been entered into outside the

etherlands can be ended by mutual consent of the partners

or through a dissolution and% if so% on what grounds% is

governed by #utch law! ". In derogation from paragraph 1%

the law of the 'tate where the registered partnership has

been entered into shall be applicable when the partners have

chosen for that law in their contract in which they have

ended their registered partnership by mutual consent! $.In

derogation from paragraph 1% the law of the 'tate where the

registered partnership has been entered into shall beapplicable where in the legal proceedings


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-tate 1.*here a registered partnership has been ended

outside the etherlands by mutual consent of the partners%

the ending will be recognised in the etherlands if theregistered partnership has been ended validly according to

the law of that other 'tate! ".*here a registered

partnership has been ended through a dissolution that has

been decreed outside the etherlands after a proper

administration of ,ustice% the ending will be recogni>ed in the

etherlands if it has been decreed by a decision of a court or

other authority to which ,urisdiction on this matter has been

granted! $. The ending of a registered partnership obtainedoutside the etherlands through a dissolution% that does not

meet one or more of the conditions stated in the previous

paragraph% shall nevertheless be recogni>ed in the

etherlands if it is clear that the other party in the foreign

legal proceedings e"plicitly or tacitly during these

proceedings has consented to the ending of the registered

partnership or if it is clear that the other party after those

proceedings has accepted the dissolution of the registered

partnership!

Article 10:2 Con!lict wit& %utc& pu)lic order#espite of

4rticle 10


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law applicable to maintenance obligations% concluded at the

ague on 9 ovember 00/ (b.@ 3 991:1/)% or).the

Convention on the 3aw 4pplicable to ;aintenance5bligations% concluded at the ague on 5ctober 18/9

(Treaty 'eries 18/?% 2=)!

Section 10..* Transitional law

Article 10:21 Transitional law 1. The present Title (Title

10!?) does not apply to registered partnerships that have

been entered into before 1 anuary 007! ".In derogation

from paragraph 1% 4rticle 10

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