Burgercorpse Code Book 10

Original Language Title: Burgerlijk Wetboek Boek 10

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Burgercorpse Code Book 10, International Private Law


Book 10. Private international law

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Title 1. General provisions

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Article 1

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The rules of private international law, set out in this Book and other statutory regulations, do not affect the operation of international and Community regulations binding on the Netherlands.


Article 2

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The rules of private international law and the law designated by those rules shall be automatically applied.


Article 3

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In the manner of litigating proceedings before the Dutch court, Dutch law is applicable.


Article 4

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Where the question of the legal effects of a fact must be answered on the basis of a preliminary question relating to another question subject to a foreign law, the question shall be regarded as a self-employed question.


Article 5

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The application of the law of a State shall mean the application of the rules of law applicable in that State with the exception of private international law.


Article 6

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Foreign law shall not be applied in so far as its application is manifestly incompatible with public policy.


Article 7

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  • 1 Provisions of a particularly binding nature are provisions of which a State attaches such importance to the maintenance of its public interests, such as its political, social or economic organisation, that they must be applied in any event falling within its scope, no matter which law is applicable.

  • 2 The application of the right to which a rule of reference refers does not continue to apply in so far as, in the case given, provisions of the Netherlands are of particular mandatory law.

  • 3 When applying the law to which a reference rule refers, provisions of a particularly compelling right of a foreign State to which the case is closely linked may be granted. The decision or effect of these provisions shall be taken into account, taking into account their nature and scope, and the consequences of the application or failure to apply those provisions.


Article 8

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  • 1 The law which is designated by a legal rule based on an assumed close link to that right shall, exceptionally, be excluded if, having regard to all the circumstances of the case, it appears that it is, as a rule, assumed in that rule There is only a very low level of close links, and a much closer link exists with another right. In that case, that other duty shall be applied.

  • 2 Paragraph 1 shall not apply in the case of a valid choice of law of the parties.


Article 9

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A fact which is subject to legal effect according to the law applicable under the private international law of a foreign State in question may, by way of derogation from the law applicable under Netherlands international law, be The same legal effects shall be granted to the Netherlands in so far as the non-award of such effects would be an unacceptable breach of the legitimate expectation of the parties or of legal certainty.


Article 10

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To the extent that a choice of law is permitted, it shall be made explicit or otherwise sufficient to be clearly apparent.


Article 11

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  • 1 Whether a natural person is a minor and the extent to which he is competent to carry out legal acts is determined by his national law. If the person concerned holds the nationality of more than one State and he has his habitual residence in one of those States, the law of that State shall be the law of that State as its national law. If he does not have his habitual residence in one of these States, his national law shall be subject to the law of the State of his nationality, which shall take into account all the circumstances in which he is most closely connected.

  • 2 With regard to a multi-sided legal act outside the scope of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (PbEU L 177), Article 13 of that Regulation shall apply mutatis mutandis to the occupation of legal capacity or capacity of action of a natural person party to that legal act.


Article 12

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  • 1 A legal act shall be valid as regards its form if it complies with the formal requirements of the law applicable to the act itself, or of the law of the State where the act is carried out.

  • 2 An act of law carried out between persons in different States shall be valid in terms of form if it complies with the formal requirements of the law applicable to the act itself, or of the right of a person to whom the law is applicable to the law. of those States, or of the law of the State in which any of those persons has his habitual residence.

  • 3 If the operation is carried out by a representative, a State referred to in paragraphs 1 and 2 shall be understood as the State where the representative is at the time of the exercise of the act, or where he or she is on that have a normal place of residence.


Article 13

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The law governing a legal or legal relationship shall also apply in so far as it establishes legal presumption or rules on the distribution of the burden of proof in respect of that legal relationship or that legal act.


Article 14

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The date of expiry of a right or of a right or of a legal claim shall be determined by the law applicable to the legal relationship of which that law or legal claim arose.


Article 15

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  • 1 Where the national law of a natural person applies and the State of the nationality of the person concerned has two or more systems of law applicable to different categories of persons or to different categories of persons; the territories, determine the rules in force in that State as to which of those legal systems shall apply.

  • 2 Where the law of the habitual residence of a natural person applies and the state of the habitual residence of the person concerned has two or more systems of law applicable to different categories of persons, determine the rules in force in that State as to which of those legal systems shall apply.

  • 3 If the rules referred to in paragraphs 1 and 2 are not in a state or in the circumstances do not lead to the designation of an applicable legal system, the legal system of that State shall be applied to the person concerned of all taken into account, the strictest being taken into account.


Article 16

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  • 1 If the national law of a natural person applies and the person concerned is stateless or cannot be determined by nationality, his national law applies to the law of the State in which he habitual residence This is

  • 2 The rights acquired by this person in the past and which result from the personal state, in particular the rights arising from marriage, shall be respected.


Article 17

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  • 1 The personal state of a foreigner to whom a residence permit as referred to in Article 28 or Article 33 of the Aliens Act 2000 shall be granted, from a foreigner to whom a residence document has been issued to which an endorsement as referred to in Article 45c of that Act is placed, and of a foreigner who has obtained a corresponding residence status abroad, is governed by the law of his place of residence or, if he has no residence, by the law of his place of residence.

  • 2 The rights acquired by this foreigner in the past and which result from the personal state, in particular the rights arising from marriage, shall be respected.


Title 2. The Name

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Article 18

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This Title also gives effect to the Convention on the law applicable to sex names and names (Trb), which was established in Munich on 5 September 1980. 1981, 72).


Article 19

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  • 1 The sex name and the surname of a foreigner shall be determined by the law of the State of which he is a national. The rules of private international law include, inter alia, the law. Only for the determination of the generic name and the first name are the circumstances of which they depend on that right.

  • 2 If the alien holds the nationality of more than one State and he has his habitual residence in one of these States, the law of that State shall apply as its national law. Where the person concerned is not habitual to any of these States, his national law shall be subject to the law of the State of his nationality, taking into account all the circumstances, the strictest link.


Article 20

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The generic name and the names of a person holding the nationality of the Netherlands shall be determined by Dutch law, irrespective of whether he or she still has a nationality. This is also true if foreign law is applicable to the family relationship of which the origin or the nullifying effect may be caused by the generic name.


Article 21

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A person who holds the nationality of more than one state may ask the civil servant of civil status to place on his birth certificate a later entry of the name he conducts in accordance with the not applied right of any of those States.


Article 22

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  • 1 In the event of a change of nationality, the law of the State of the new nationality shall apply, including the rules of that law relating to the effects of the change of nationality in the name of the name.


Article 23

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  • 1 If the civil servant of civil status applies the Netherlands law when drawing up a deed in which the generic name and the names of a foreigner are to be included, because he applies the content of the law to the establishment of the law those names cannot establish such names, shall without delay notify his decision to the district attorney in the district in which the court is situated where the deed is entered in the records of the civil status.

  • 2 The act thus made up may, by analogy, apply: Article 24 of Book 1 shall be improved at the request of any interested party or on the application of the public prosecutor's office. The application of an interested party shall be dealt with free of charge by application of the Law on Legal Aid.


Article 24

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  • 1 If the generic name or the surname of a person on the occasion of birth has been recorded outside the Netherlands or as a result of a change made outside the Netherlands in the personal state have been amended and lodged in a have been recognised by a competent authority in accordance with local rules, the generic name or fornames thus established or amended shall be recognised in the Netherlands. Recognition may not be refused on grounds of incompatibility with public policy on the sole ground that a law other than that of the provisions of that law would have been applied.

  • 2 Paragraph 1 shall be without prejudice to the application of Article 25 of this book.


Article 25

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  • 1 In respect of the application of Article 5 of Book 1 The following applies:

    • a. If a child has been validly recognised or justified outside the Netherlands by such recognition or legal status in family relations, and having obtained or preserving the Netherlands, and if the child has acquired the right to the sex name of that child is not determined by reference to a choice of name within the meaning of Article 5 (2) of Book 1 , the mother and the expert can still, until two years after the recognition or the legal act, declare which of their gender names the child will have. If, at the time of recognition or by the law, the child reaches the age of sixteen, it may, until two years after the recognition or legal act, declare the name of the generic one of the two parents.

    • b. If a child who was recognised by a Dutchman during his minority or without recognition by law became the child of a Dutchman, obtains, by option, the Netherlands and at the time of the option, until both parents are admitted to the Netherlands In family relations, parents may jointly state the option of the child's names for the sex names of their parents on the occasion of the option. If at the time of option, the child reaches the age of sixteen years, then it declares itself whether it will have the sex name of the father or mother.

    • c. If a child has acquired the Netherlands as a result of adoption outside the Netherlands, and if the sex name of that child after adoption is not determined by reference to a choice of name within the meaning of the Article 5 (3) of Book 1 The parents can still, up to two years after the pronunciation has been res judiced, jointly state which of their gender names the child will have. If the child reaches the age of sixteen years at the time when the judgment is in force of res judiced, it may, up to two years after that date, declare itself whether it will have the sex name of the father or the mother.

    • d. The Article 5 (4) of Book 1 The statement containing name choice may be made before the birth of the child, if at least one of the parents holds the Netherlands at the time of the declaration.

    • e. If a child born outside the Netherlands is subject to the family law by birth to both parents and the Netherlands, and if the sex name of that child in the birth certificate is not determined taking into account the birth certificate of the birth certificate, Choice of name within the meaning of Article 5 (4) of Book 1 , until two years after the birth, parents can still explain which of their gender names the child will have.

    • f. If the parenthood of a child is legally valid outside the Netherlands and has thereby acquired or retained the Netherlands, and if the sex name of that child after the establishment of the parenthood is not determined by observance of a choice of name within the meaning of Article 5, 2nd paragraph, of Book 1 of the Civil Code , the mother and the person whose parenting is judicial may still, up to two years after the time when the judicial decision establishing the parenthood goes into force, jointly explain which of the parenting their male sex names the child will have. If the child reaches the age of sixteen at the time when the decision establishing the parentage is in effect of res judiced, it may, up to two years after that date, declare the child of both parents. The generic name will be.

    • g. For the options referred to in this paragraph to name choice, it is indifferent whether the child, in addition to the Dutch, has a different nationality.

  • 2 In the case of under (b), the statement of name selection shall be made before the official of the civil status of the municipality where the option for the Dutchship is received. In other cases, the declaration of name choice may be made before any official of the civil status.


Article 26

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The names of the sex names and the names of the civil status documents entered in the registers before 1 January 1990 shall be amended, at the request of an interested party, in accordance with the provisions of this Title. If the request relates to a foreigner, the amendment must be made out of a document drawn up by a competent authority of the country of which he is a national. The changes shall be made by the placing of a subsequent entry.


Title 3. The marriage

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Section 1. Full recognition and recognition of the validity of marriages

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Article 27

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This Section shall implement the Convention on the completion and recognition of the validity of marriages concluded in The Hague on 14 March 1978 (Trb. 1987, 137). It applies to the marriage of marriage in the Netherlands if, in connection with the nationality or the place of residence of the spouses of the spouse of the marriage, the question of which entitlement to marriage is governed by the law of marriage is a choice must be done, as well as the recognition in the Netherlands of marriages carried out abroad. It shall not apply to the power of the civil servant of the civil service.


Article 28

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The marriage is carried out if each of the surviving spouses meets the requirements of entering into a marriage of Dutch law.


Article 29 [ Expated by 05-12-2015]

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Article 30

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In terms of form, a marriage in the Netherlands can be carried out only to the civil servant of the civil status, subject to the jurisdiction of the Netherlands, subject to the jurisdiction of foreign diplomatic and consular officials. to cooperate, in accordance with the law of the law of the State represented by them, in the case of marriages of a kind if neither of the parties has exclusive or part of the nationality of the Netherlands.


Article 31

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  • 1 A marriage concluded outside the Netherlands, which is recognised as such by virtue of the law of the State in which the marriage is concluded has become legal or subsequently validly established.

  • 2 An outside of the Netherlands to a diplomatic mission or consular officer who has completed a marriage which fulfils the requirements of the law of the State representing that official shall be recognised as valid in law unless it is in the State where it took place was not allowed.

  • 3 For the purposes of paragraphs 1 and 2, the rules of private international law shall be included in the rules of private law.

  • 4 A marriage is suspected to be valid if a marriage certificate has been issued by a competent authority.


Article 32

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Regardless Article 31 of this Book shall be withheld from marriage concluded outside the Netherlands, if such recognition is manifested to be incompatible with public policy and in any case if one of the spouses is at the time of the conclusion of that marriage:

  • a. had already been married or had a registered partnership with a person who had a nationality of the Netherlands, or had himself the nationality of the Netherlands, or had his habitual residence in the Netherlands, unless the earlier marriage or registered partnership has been dissolved or declared null and void;

  • b. to the other spouse in straight line was related whether to be the brother or sister of that spouse, either through blood-relatedness, or adoption, unless this family law relates later to be broken due to the lack of biological retraction or revocation of adoption;

  • c. had not reached the age of eighteen years, unless the spouses were asked at the time when recognition of the marriage is both the age of 18 years;

  • d. mentally unable to give his consent, unless it is capable of doing so at the time when the recognition of marriage is requested and expressly approved by the marriage recognition; or

  • e. had not freely given his consent until marriage, unless it expressly agrees to the recognition of the marriage.


Article 33

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The Articles 31 and 32 of this Book are applicable regardless of whether or not recognition of the validity of a marriage as a main question, or as a pre-question in connection with another question is decided.


Article 34

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  • 1 This section does not apply to the recognition of the validity of marriages which have been completed before 1 January 1990.

  • 2 Marriages which, after 1 January 1990 and before 15 January 1999, are carried out in accordance with the law of the State represented by foreign diplomatic and consular officials, without prejudice to the law of the Member State concerned. Article 6 of this Book, as valid if one party has sole or co-nationality of the Netherlands and the other party is exclusively or also the nationality of the State represented by the diplomatic or consular officer.

  • 3 Article 30 of this Book shall apply to marriages which have been completed after 15 January 1999 in respect of foreign diplomatic and consular officials.


Section 2. Legal relations between the spouses

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Article 35

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  • 1 The personal legal relationship between the spouses is governed by the law which the spouses have appointed before or during marriage, whether or not with modification of a previous designation.

  • 2 The spouses may appoint only one of the following legal systems:

    • (a) the right of the State of a common nationality of the spouses; or

    • (b) the law of the State in which they each have their habitual residence.

  • 3 A designation as referred to in this Article shall be valid, as regards the form, if the procedural requirements for the designation of the law applicable to the spouses ' rights regime have been complied with.


Article 36

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In the absence of any indication of the applicable law, the personal legal relationship between the spouses shall be governed by one another:

  • a. By the law of the State of the common nationality of the spouses or, in the absence thereof, of the nationality of the spouses

  • b. by the law of the State in which they each have their habitual residence, or in the absence thereof

  • c. through the law of the State with which they, taking into account all the circumstances, are closely connected.


Article 37

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Where the spouses are nationals of a nationality, the application of Article 36 of this Book as their common national law the right of that nationality, regardless of whether they are both or one of their members of another nationality. If the spouses have more than a common nationality, they shall be deemed not to have a common nationality.


Article 38

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If a designation as intended Article 35 of this Book or a Change in the in Article 36 of this Book shall lead to the applicability of a law other than that previously applicable, that other law shall apply from the date of that designation or amendment.


Article 39

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The question of the extent to which a spouse is liable for any commitment to the ordinary course of conduct entered into by the other spouse, if that other spouse and the other party is at the time of entering into the undertaking each had their habitual residence in the same State, governed by the law of that State and in the absence thereof, by the law applicable to that undertaking.


Article 40

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The question of whether a spouse requires the consent of the other spouse for a legal act, and if so, in what form this consent must be granted, or she may be replaced by a decision of the judge or another authority, and the consequences of the absence of such authorisation shall be governed by the law of the State where the other spouse is habitual at the time of the exercise of that act.


Article 41

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The Articles 39 and 40 of this Book apply regardless of the right that governs the marriage wealth regime of the spouses, and regardless of the law applicable to the personal legal relationship between the spouses.


Section 3. The matrimonial regime

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Article 42

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For the purposes of this Section, the Hague Convention on Marriage Act 1978: The Hague Convention on the Law applicable to the matrimonial property regime (Trb), adopted on 14 March 1978. 1988, 130).


Article 43

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In the absence of any indication of the applicable law in accordance with the Hague Convention on matrimonial property, 1978, except in the case of Article 5 (2) or Article 7 (2) of this Convention, the marriage rights regime of spouses shall be both at the time of the conclusion of the marriage the Dutch nationality governed by Dutch law, regardless of whether they are both or one of their members of another nationality. If the spouses have more than a common nationality, they shall be deemed not to have a common nationality.


Article 44

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The effects of the matrimonial regime in relation to a legal relationship between a spouse and a third party shall be governed by the law applicable to the matrimonial property regime.


Article 45

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A spouse whose marriage wealth regime is governed by foreign law may be in it Article 116 of Book 1 They shall register a notarial deed, including a declaration that the matrimonial regime is not governed by Dutch law.


Article 46

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  • 1 A third party who, during the marriage, has carried out an act with a spouse whose matrimonial wealth regime is governed by foreign law may, if both spouses and spouses are habitable at the time of that legal act, place of residence in the Netherlands, for the debt arising out of that legal act also after the dissolution of the marriage took place on the spouses as if between them existed in Dutch law in the general community of goods.

  • 2 Paragraph 1 shall not apply if the third party knew, or was one of the members, at the time of the act, that the marriage rights regime of the spouses was governed by foreign law. This shall be deemed to be the case if the operation has been carried out after a period of 14 days after a deed as referred to in Article 45 of this Book was registered in the register provided for therein.


Article 47

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Has one of the spouses enjoyed, through the application to an external country of an equity component of a right designated under the private international law of the country of its location, an advantage which would not have been granted to him if it had been of this Book would have been applied, the other spouse may claim to be in charge or reimbursement in respect of the account taken in connection with the termination or alteration of the matrimonial property.


Article 48

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Article 92 (3) of Book 1 is exclusively applicable to the story of the story that is applied in the Netherlands to

  • a. A spouse whose matrimonial regime is governed by Dutch law; or

  • b. A spouse upon whom to Article 46 of this Book story is possible.


Article 49 [ Expired by 01-01-2012]

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Article 50

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Article 131 of Book 1 shall also apply if the marriage rights regime of the spouses is governed by a foreign right.


Article 51

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Whether a spouse in divorce or divorce from the table and bed is entitled to some of the pension rights accrued by the other spouse is governed by the law applicable to the marriage rights regime of the pension. spouses, except Article 1 (7) of the Ordination on pension rights in the event of separation .


Article 52

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  • 1 This section shall apply to the marriage rights regime of spouses who entered into marriage after 1 September 1992.

  • 2 By way of derogation from paragraph 1 Article 51 of this Book of application to the settlement of pension rights of spouses separated from the table and bed after 1 March 2001 or whose marriage was dissolved after 1 March 2001.

  • 3 The provisions of this Section relating to the designation of applicable law apply to the matrimonial rights regime of spouses who entered into marriage before 1 September 1992 and which after that date Appropriate rights have been designated.


Article 53

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A designation by the spouses of the law applicable to their matrimonial rights regime, or the alteration of such designation as of 1 September 1992, cannot be regarded as invalid on the sole ground that the law is a Such designation did not govern. This does not apply to cases where the matrimonial regime laid down the provisions of the Convention on conflicts of law relating to the effects of marriage in relation to the rights of marriage, which was adopted on 17 July 1905. and obligations of the spouses in their personal relations and in relation to their goods (Stb. 1912, 285) was applicable and the designation was carried out before 23 August 1977.


Section 4. Dissolution of marriage and separation of the table and bed

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Article 54

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This section shall give effect to:

  • (a) the Treaty establishing the Hague on the recognition of divorces and divorces of the table and of bed (Trb), adopted on 1 June 1970. 1979, 131); and

  • (b) the Treaty establishing the European Union on the recognition of decisions relating to matrimonial bond (Trb), established in Luxembourg on 8 September 1967. 1979, 130).


Article 55

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The dissolution of the marriage and the separation of the table and bed can only be made in the Netherlands by the Dutch judge.


Article 56

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  • 1 Whether dissolution of marriage or separation of the table and bed can be pronounced and on what grounds, is determined by Dutch law.

  • 2 By way of derogation from paragraph 1, the right of the State of a common foreign nationality of the spouses shall be applied if in the case of:

    • (a) a choice of whether such a choice of one of the spouses has remained unchallenged by the spouses together; or

    • b. a choice for this right has been made by one of the spouses and both spouses have a genuine social link with the country of that common nationality.

  • 3 A choice of law as referred to in the preceding paragraph must be made explicit or otherwise sufficiently clear from the wording used in the application or in the defence.


Article 57

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  • 1 A dissolution of the marriage or separation of the table and bed from the Netherlands after due process of justice is recognised in the Netherlands if it is established by the decision of a court or other authority and if it is the judicial authority or other authority to that effect was legally empowered to do so.

  • 2 A dissolution of the marriage or separation of the table and bed obtained abroad which does not satisfy one or more of the conditions laid down in paragraph 1 shall nevertheless be recognised in the Netherlands, if it is clear that the other party is either in the course of the foreign procedure has been expressly or tacitly agreed to that dissolution or separation of the table and bed, or has been based on the outcome of the proceedings.


Article 58

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A dissolution of the marriage abroad which has been established solely by a unilateral declaration of one of the spouses shall be recognised if:

  • a. the dissolution in this form corresponds to a national right of the spouse, who has unilaterally dissolved the marriage;

  • b. the dissolution in the State in which it came to pass has legal effect; and

  • c. it is clear that the other spouse has expressly or tacitly agreed to the dissolution or has it based on it.


Article 59

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Regardless of Articles 57 and 58 of this Book shall be withheld from the date of termination of marriage, where such recognition is manifested as incompatible with public policy.


Title 4. The registered partnership

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Section 1. The establishment of a registered partnership in the Netherlands

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Article 60

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  • 1 The establishment of a registered partnership in the Netherlands is subject to the provisions of Article 80a of Book 1 .

  • 2 The competence of each of the partners to enter into a registered partnership in the Netherlands is governed by Dutch law.

  • 3 As regards the form, a registered partnership in the Netherlands may be entered into only legally before the civil servant of the civil status, subject to the jurisdiction of the Netherlands, subject to the jurisdiction of foreign policy. to enable diplomatic and consular officials to cooperate, in accordance with the law of the law of the state represented by them, on the establishment of registered partnerships if none of the parties is exclusive or co- Nationality of Dutch nationality.


Section 2. Recognition of registered partnership with a registered non-member Netherlands

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Article 61

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  • 1 A registered partnership, entered into outside the Netherlands, recognised as such under the law of the State in which the registered partnership is established has become legal or subsequently legally valid.

  • 2 One outside the Netherlands to a diplomatic or consular official entered into a registered partnership meeting the requirements of the law of the State representing that official shall be recognised as valid unless it is valid It was not permitted in the State where it took place.

  • 3 For the purposes of paragraphs 1 and 2, the rules of private international law shall be included in the rules of private law.

  • 4 A registered partnership is suspected to be valid if a declaration of the registered partnership has been issued by a competent authority.

  • 5 Regardless of paragraphs 1 and 2, a registered partnership contracted outside the Netherlands may be recognised as such only if it concerns a legally governed marital status of two persons who have a close personal relationship, which form of cohabitation at least:

    • a. registered by an authority competent on the spot of the relevant authority;

    • b. excludes the existence of a marriage or other legally governed marital status by a third party; and

    • (c) obligations between the partners in life which are essentially in accordance with those linked to marriage.


Article 62

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Regardless Article 61 of this Book shall be denied recognition to a registered partnership outside the Netherlands, if such recognition is manifested to be incompatible with public policy.


Article 63

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The Articles 61 and 62 of this Book are applicable regardless of whether the recognition of the validity of a registered partnership as a main question, or as a pre-question in connection with any other question is decided.


Section 3. Legal relationship between registered partners

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Article 64

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  • 1 The personal legal relationship between the partners shall be governed by the law which the partners have appointed for or during the registered partnership, with or without modification of a previous designation.

  • 2 The partners can only designate a legal system that has the institute of registered partnership.

  • 3 A designation as referred to in this Article shall be valid, as regards the form, if the procedural requirements for the designation of the law applicable to the power regime of the partners have been complied with.


Article 65

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In the absence of any indication of the applicable law, the personal legal relationship between partners entered into a registered partnership in the Netherlands shall be governed by Dutch law. If the partners outside the Netherlands have entered into a registered partnership, the personal legal relationships between them are governed by the law, including the international priknation, of the State where it is registered Partnership has been established.


Article 66

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If a designation as intended Article 64 the applicability of a law other than that previously applicable shall be that other duty applicable from the date of that designation.


Article 67

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The question of the extent to which a partner is liable for commitments on the ordinary course of the household entered into by the other partner is, if that other partner and the other party at the time of the entering of the have their habitual residence in the Netherlands, governed by Dutch law.


Article 68

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The question of whether a partner for a legal act requires the consent of the other partner, and if so, in what form this consent must be granted, or it may be replaced by a decision of the court or another authority, as well as the consequences of the absence of such authorisation shall be governed by Dutch law if the other partner has his habitual residence in the Netherlands at the time of the exercise of that legal act.


Article 69

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The Articles 67 and 68 of this Book shall apply irrespective of the law governing the partnership assets of the partners and irrespective of the law applicable to the personal legal relationship between the partners.


Section 4. The partnership fund

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Article 70

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  • 1 The power regime of a registered partnership shall apply the right which the partners have designated prior to the entry into force of this partnership.

  • 2 The right thus designated shall apply to their entire assets. However, the partners may, irrespective of whether they have gone to the designation referred to in paragraph 1, in respect of all or part of the immovable property, as well as with respect to immovable property subsequently obtained, the right identify the place where those cases are located.

  • 3 In all cases, the partners can only designate a legal system that has the institute of registered partnership.


Article 71

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  • 1 If the registered partnership is entered into in the Netherlands and the partners have not designated the applicable law before entering it, their power regime shall be governed by Dutch law.

  • 2 If the registered partnership is entered into outside the Netherlands and the partners did not designate the applicable law prior to entering it, their power regime shall be governed by the law, including the international Private law of the State in which the registered partnership has been entered into.


Article 72

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  • 1 During the registered partnership, the partners may subject their partnership assets to an internal law other than the law which has been applied to date.


Article 73

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The law applicable under the provisions of this Section to the partnership fund or to which the parties have designated as applicable the parties shall continue to apply as long as they do not have any other applicable law. appropriate, even in the event of a change to their nationality or place of habitual residence.


Article 74

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The conditions for the consent of the partners on the right to which they are designated as applicable to their own funds regime shall be determined by that law.


Article 75

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The designation of the applicable law of the partnership fund should be expressly agreed or otherwise unambiguous as a result of partnership conditions.


Article 76

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Partnership terms shall be valid in terms of form, if they are in accordance with the internal law applicable to the partnership fund, or with the internal law of the place where they are entered into. In any event, they shall be lodged in a written document signed by both partners and signed by both partners.


Article 77

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An expressly agreed designation of the law applicable to the partnership fund is made in the form prescribed for partnership terms, either by the designated internal law or by the internal law. the place where that designation is made. The designation shall in each case be set out in a written document signed by both partners and signed by both partners.


Article 78

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The effects of the partnership fund with regard to a legal relationship between a partner and a third party are governed by the law applicable to the partnership fund regime.


Article 79

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A partner whose partnership is governed by foreign law may be in a position to Article 116 of Book 1 The register must register a notarial deed, including a declaration that the partnership regime is not governed by Dutch law.


Article 80

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  • 1 A third party which, during the registered partnership, has carried out a legal act with a partner whose partnership is governed by a foreign law may, if both partners and both partners at the time of that legal act, carry out their legal act habitual residence in the Netherlands, for the debt arising from that legal act, also after the termination of the registered partnership, take account as if between the partners in Dutch law existed.

  • 2 Paragraph 1 shall not apply where the third party was aware at the time of the act or that it was known that the partnership and capital regime of the partners was governed by a foreign law. This shall be deemed to be the case if the operation has been carried out after a period of 14 days after a deed as referred to in Article 79 of this Book was registered in the register provided for therein.


Article 81

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Does one of the partners, by applying to an external equity component of a right designated under international private law of the country of its location, benefit from the other partner a benefit which is not would have been granted if the right designated under this Law were applied, that other partner may charge or claim compensation in connection with the termination or amendment of the partnership fund between the two countries. the partners shall take part in the account.


Article 82

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Article 92 (3) of Book 1 shall be exclusively applicable to the story of the same story in the Netherlands:

  • a. A partner whose partnership is governed by the law of the Netherlands; or

  • b. A partner on whom to Article 80 of this Book story is possible.


Article 83 [ Verfall by 01-01-2012]

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Article 84

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Article 131 of Book 1 shall also apply if the partnership assets regime of the partners is governed by a foreign right.


Article 85

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Whether a partner at the termination of the registered partnership with mutual consent or dissolution is entitled to some of the pension rights accrued by the other partner shall be governed by the law applicable to the partnership. Partnership-equity regime of the partners, subject to the provisions of Article 1 (7) of the Ordination on pension rights in the event of separation .


Section 5. Termination in the Netherlands of a registered partnership

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Article 86

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Whether a registered partnership in the Netherlands can be terminated in the Netherlands by mutual consent, or by dissolution and on what grounds, is determined by Dutch law.


Article 87

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  • 1 Or a registered partnership entered into outside the Netherlands may be terminated in the Netherlands by mutual consent or by dissolution and on what grounds, the Netherlands law shall be determined by Netherlands law.

  • 2 By way of derogation from paragraph 1, the law of the State in which the registered partnership has been entered into shall apply if the agreement concluded by the partners on the termination of the registered partnership with the mutual consent of the registered partnership together, a choice for this right has been made.

  • 3 By way of derogation from paragraph 1, the law of the State in which the registered partnership is entered into shall apply to termination by dissolution if it is in the case of:

    • (a) a choice has been made jointly by the partners for this right, whether such a choice has remained undisputed by one of the partners; or

    • b. a choice for this right has been made by either partner and both partners have a true social link with that State.

  • 4 The Netherlands law provides for the manner in which the termination by mutual consent or the dissolution of the registered partnership concluded outside the Netherlands is carried out.


Section 6. Recognition of an end to a registered partnership from a registered partnership outside the Netherlands

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Article 88

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  • 1 The termination of the registered partnership with the mutual consent of the registered partnership shall be recognised outside the Netherlands if it has been legally established there.

  • 2 An exit from the Netherlands outside the Netherlands after due process of justice is recognised in the Netherlands by the dissolution of the registered partnership, where it is established by a court or other authority decision to whom to that end.

  • However, termination of the registered partnership obtained outside the Netherlands, which does not meet one or more of the conditions laid down in the preceding paragraph, is nevertheless recognised in the Netherlands if it is clear that the other party the foreign procedure has been expressly or tacitly accepted either in the course of that procedure, or has deposited itself after that procedure by the dissolution.


Article 89

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Regardless Article 88 of this Book, the termination of the registered partnership shall be withheld from a registered office abroad if such recognition is manifested incompatible with public policy.


Section 7. Maintenance

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Article 90

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The law applicable to maintenance obligations during the registered partnership and after their termination shall be determined by:

  • (a) the Protocol on the law applicable to maintenance obligations (PbEU L 331/17) adopted in The Hague on 23 November 2007; or

  • b. The Hague Convention on the Law applicable to Maintenance Obligation (Trb), adopted on 2 October 1973. 1974, 86).


Section 8. Transitional duty

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Article 91

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  • 1 This Title shall not apply to registered partnerships entered into before 1 January 2005.

  • 2 By way of derogation from paragraph 1 Article 85 of this Book applicable to the settlement of pension rights in cases where the registered partnership has ended after 1 January 2005.


Title 5. Lineage

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Section 1. Family-friendly relations by birth

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Article 92

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  • 1 Whether a child is born in family relations by birth to the wife of whom it was born and the person married or married to her or the person with whom she is linked by a registered partnership, or has been linked, is determined by the law of the State of the common nationality of the woman and that person or, if this is missing, by the law of the State in which the wife and that person each have their habitual residence, or if this is also missing, due to the law of the State of the child's habitual residence.

  • 2 Where, for the purposes of paragraph 1, the person referred to in paragraph 1 and the woman have a common nationality, their national law shall be the right of that nationality, whether or not they are either of one or more of their members. Nationality. If the spouses or registered partners have more than a common nationality, they shall be deemed not to have a common nationality.

  • 3 For the purposes of paragraph 1, the time of birth of the child shall determine the date of birth of the child, or if the marriage or registered partnership of the parents has previously been dissolved, that of the dissolution.


Article 93

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  • 1 Or family-related relations as referred to in Article 92 of this Book may be extingued in judicial proceedings in which a denial is founded, shall be determined by the law applicable under that Article to the existence of that relationship.

  • If, under the law referred to in paragraph 1, denial is no longer possible or is no longer possible, the judge may, if so in the interests of the child and the parents and the child, make a joint application for that purpose, another in Article 92 apply, or apply the law of this Book, the law of the State of the habitual residence of the child at the time of the denial or the Netherlands law.

  • 3 No matter the law applicable under paragraph 1 or 2 is in the judicial proceedings referred to therein Article 212 of Book 1 applicable.

  • 4 Or family relations between a child and the person married or married to his mother or the person with whom his mother was linked or connected by a registered partnership, by a declaration containing the following: denial by the mother to the civil servant of the civil status can be nulliaed, is determined by the right to Article 92 of this Book on the existence of such relations. Without prejudice to paragraphs 1 and 2, such a statement may be made only if the person married or married to the mother is the person with whom the mother is linked by a registered partnership, or the person still in living agrees with whom she has been linked by a partnership and where, at the same time, family relations between the child and another person arise or are established.


Article 94

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  • 1 Or between a woman and the marriage or registered partnership of her born child through birth family relations is determined by the law of the State of the nationality of the wife. If the woman is a national of more than one State, it shall be subject to national law in accordance with which such relations are established. In any event, relations arise where the wife has her habitual residence in the Netherlands.

  • 2 For the purposes of paragraph 1, the time of birth shall determine the date of birth.

  • 3 Paragraphs 1 and 2 shall be without prejudice to the Agreement on the establishment of relations between the unlawful child and his mother (Trb, adopted in Brussels on 12 September 1962). 1963, 93).


Section 2. Familial relations by recognition or judicial establishment of fatherhood

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Article 95

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  • 1 Or recognition by a person of family relations shall arise between him and a child, as regards the competence of that person and the conditions for recognition, determined by the law of the State of which that person is the person of whom the person Nationality. If the person, mentioned in the first sentence, is the nationality of more than one State, it shall be subject to the national law which provides that recognition is possible. Where, under the national law of that person, recognition is not or no longer possible, it shall determine the law of the State of the habitual residence of the child. If it is not or is no longer possible under that law, it shall determine the law of the State of nationality of the child. If the child is a national of more than one State, it shall be subject to the national law which provides that recognition is possible. If it is not or is no longer possible under that law, it shall determine the law of the State of the habitual residence of the person, mentioned in the first sentence.

  • 2 The instrument of recognition and the subsequent indication of approval shall state the law applied pursuant to paragraph 1.

  • (3) Regardless of the law applicable under paragraph 1, the consent of the mother, or the child, shall apply to the recognition of the law of the State of which the mother, or the child, possesses the nationality. If the mother, or the child, is the nationality of more than one State, it shall be subject to the national law according to which authorization is required. If the mother, or the child, is the Dutch national, then Dutch law applies, irrespective of whether or not the mother, or the child, has another nationality in addition to the nationality of the Netherlands. If the applicable law does not recognise the recognition, the law of the State of the habitual residence of the mother shall be applicable, the child to the normal place of residence. The law applicable to the consent shall also determine whether, in the absence of authorisation, it may be replaced by a judicial decision.

  • 4 For the application of the preceding paragraphs, the time of recognition and consent shall be determined.


Article 96

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Whether and in what way a recognition can be nullitiated is determined, as regards the competence of the person who recognized the child and the conditions for recognition by it. Article 95 (1) of this Book, and as regards the consent of the mother, or the child, by the law applicable under Article 95 (3) of this Book.


Article 97

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  • 1 Whether and under which conditions parenthood of a person can be legally established, is determined by the law of the state of the common nationality of that person and the mother or, if this is missing, by the law of the person state where that person and the mother each have their habitual residence or, if any, is absent, by the law of the State of the child ' s habitual residence.

  • 2 Where, for the purposes of paragraph 1, the person referred to in paragraph 1 and the mother share a nationality, their common national law shall be the law of that nationality, irrespective of whether or not they are both a person of that nationality. have other nationality. If they possess more than a common nationality, they shall be deemed not to have a common nationality.

  • 3 For the purposes of paragraph 1, the time of submission of the request shall be determined. If the person mentioned in paragraph 1 or the mother died at that time, in the absence of a common nationality at the time of death, applicable the law of the State where that person and the mother were at that time. each had their habitual residence or, failing that, the right of the State of the child's habitual residence at the time of the submission of the request.


Section 3. Familial relations with law

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Article 98

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  • 1 Whether a child is justified by the marriage of one of his parents, or by a judgment of a judicial or other competent authority thereafter, shall be determined by the Agreement established in Rome on 10 December 1970. on lawmaking by marriage (Trb. 1972, 61).

  • 2 Where the application of paragraph 1 does not result in the law, family relations may be established by law in accordance with the law of the State of the child's habitual residence.

  • 3 Paragraphs 1 and 2 shall not apply if one of the parents holds the nationality of the Netherlands and the marriage is not valid in accordance with the provisions of the Articles 30 and 31 of this book.

  • For the purposes of the preceding paragraphs, the time of marriage of parents or, in the event of the establishment of a family relationship, by the decision of a judicial or other competent authority, shall determine the date of the date of the marriage of the parents, or of the submission of the application or the application.


Section 4. The content of family relations arising from ancestry

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Article 99

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  • 1 Without prejudice to what has been laid down in respect of particular subjects, the contents of family relations between parents and children shall be determined by the law of the State of the common nationality of the parents or, if this is the case, by the law of the Member State. is absent from the law of the State where the parents have each habitual residence or, if this is not the case, by the law of the State of the child's habitual residence.

  • 2 If only family relations exist between the mother and the child, the content of such family relations shall be determined by the law of the State of the common nationality of the mother and of the child. In the absence of a common nationality, it shall be determined by the right of habitual residence of the child.

  • 3 Where, for the purposes of paragraph 1, the parents, or the mother and the child, have a nationality, they shall be entitled to the right of that nationality, whether they are both or not, under their national law. They still have a different nationality. If the parents or the mother and the child are more than a common nationality, they shall be deemed not to have a common nationality.


Section 5. Recognition of foreign lands established judicial decisions and legal facts

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Article 100

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  • 1 An irrevocable judicial decision establishing family relations established or amended by way of family law shall be recognised in the Netherlands by law unless:

    • a. Apparently, there was insufficient access to the jurisdiction of the courts for the jurisdiction of the courts;

    • (b) that decision was manifested not to have been preceded by a proper examination or proper judicial review; or

    • (c) the recognition of such a decision is manifested to be incompatible with public policy.

  • 2 The recognition of the decision cannot be refused, even where a Dutchman is involved, on grounds of incompatibility with public policy, on the sole ground that it has applied to a law other than that which would have been followed from that title.

  • 3 The decision shall not be open to recognition if it is incompatible with an irrevocable decision of the Netherlands court regarding the establishment or amendment of the same family relations.

  • 4 The preceding paragraphs shall leave the application of the Article 98paragraph 1 of this Book, without prejudice to the Agreement.


Article 101

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  • 1 Article 100 (1) (b) and (c), (2) and (3) of this Book shall apply mutatis mutandis to foreign lands established in law or legal acts establishing or amending family relations established by a competent authority. in accordance with local regulations.

  • 2 The ground for refusal referred to in Article 100 (1) (c) , of this Book does with respect to the recognition in each case for

    • a. if this has been carried out by a Dutchman who, under Dutch law, would not have the power to recognise the child;

    • b. if, as far as the consent of the mother or child is concerned, the requirements of the right which are due to Article 95 (3) , of this Book applicable, or

    • c. if the act appears to be a sham act.

  • 3 The preceding paragraphs shall allow the application of the Article 98 (1) , of this Book shall be without prejudice to the Agreement.


Section 6. Transitional duty

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Article 102

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This Section shall apply to legal relationships adopted or amended after 1 January 2003, and to the recognition of legal relationships established or amended after 1 January 2003.


Title 6. Adoption

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Section 1. General provisions

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Article 103

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For the purposes of this Title, the Hague Convention on the Conservation of Children and Cooperation in the Field of Inter-State Adoption (Trb), established on 29 May 1993, shall be understood as the 'Hague Convention of the Hague'. 1993, 97).


Article 104

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Without prejudice to the Hague Convention of Adopement 1993, the Act of 14 May 1998 implementing the Hague Convention on the Protection of Children and Cooperation in the Field of Rural Adoption (Stb), adopted on 29 May 1993. 1998, 302) and the Law to include foreign children for adoption The term 'adoption' means the decision of a competent authority establishing family relations between an underage child and two persons together or by a person alone.


Section 2. Adoption in the Netherlands

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Article 105

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  • 1 In the case of an adoption in the Netherlands, subject to paragraph 2, Dutch law shall apply.

  • 2 The consent or consultation or information of the parents of the child or of other persons or institutions shall be governed by the law of the State of the State of which the child is a national. If the child is a national of more than one State, the right shall be governed by the law according to which consent or consultation or information is required. If the child is a Dutch national, then Dutch law applies, irrespective of whether the child is another nationality in addition to Dutch nationality.

  • 3 If the law applicable under paragraph 2 does not know the adoption, or consultation or information, the Netherlands law shall apply. The law applicable under this paragraph shall also determine whether, in the absence of such authorisation, it may be replaced by a judicial decision.

  • 4 On the revocation of an adoption in the Netherlands, Dutch law is applicable.


Article 106

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An adoption in the Netherlands has, as regards the origin and the widening of family relations, the legal effects that are conferred upon them by Dutch law.


Section 3. Recognition of a foreign adoption

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Article 107

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This section relates to adoptions not covered by the Hague Convention on the Adopement 1993.


Article 108

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  • 1 An outside country decision establishing an adoption shall be recognised by law in the Netherlands if it is pronounced by:

    • a. an on-site competent authority of the State where the adoptive parents and the child had their habitual residence at both the date of the request for adoption and at the time of the judgment; or

    • b. an on-site competent authority of the State where either the adoptive parents or the child had their habitual residence both at the time of the adoption request and at the time of the judgment.

  • 2 Recognition shall be withheld from a decision granting adoption if:

    • (a) that decision has clearly not been preceded by a proper examination or proper judicial review; or

    • (b) in the case referred to in paragraph 1 (b), the decision is not recognised in the State where the child, or the State where the adoptive parents both at the time of the request for adoption and at the time of the judgment, are habitual. had; or

    • (c) the recognition of such a decision is manifested to be incompatible with public policy.

  • 3 In each case, the ground referred to in paragraph 2 (c) shall in any event be recognised as recognition if the decision refers to a sham act.

  • 4 The recognition of the decision cannot be refused on the ground mentioned in paragraph 2 (c), even if it is involved in a Dutchman, only because it has been applied to a law other than that which would have been followed from the provisions of Section 2.


Article 109

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  • 1 An external decision setting up an adoption issued by a local authority of the State in which the child was, both at the time of the adoption and at the time of the adoption of the decision, had habitual residence, while the adoptive parents had their habitual residence in the Netherlands, is recognised if:

  • 2 An adoption as referred to in paragraph 1 shall be recognised only if the court has established that the conditions for recognition laid down in that paragraph are satisfied. Applicable is the procedure of Article 26 of Book 1 .

  • The court which finds that the conditions for the recognition of adoption are satisfied shall, of its own motion, give an extension of the adoption of the adoption to the instrument of civil status which may be taken into account for that purpose. The Articles 25 (6) , 25c Paragraph 3 and 25g paragraph 2 of Book 1 shall be applicable mutatis mutandis.


Article 110

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  • 1 The approval provided for in the Articles 108 and 109 of this Book, shall also include the recognition of:

    • a. the family-friendly relations between the child and his adoptive parents and, where appropriate, the relatives of his adoptive parents;

    • b. the authority of the adoptive parents about the child;

    • (c) the discontinuation of the previous family relations between the child and his mother and father, who are the relatives of his mother and father, if the adoption of such relations has taken place in the State in which it took place.

  • 2 If the adoption in the State of which it took place does not result in the loss of the previous family relationship, the adoption in the Netherlands also lacks that effect.


Article 111

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In the Article 110 (2) of this Book, if the child has habitual residence in the Netherlands and has been admitted to the adoptive parents for permanent residence in the Netherlands, a request for conversion into an adoption by Netherlands law may be made. Article 11 (2) of the Law implementing the Hague Convention on the Protection of Children and Cooperation in the Field of Inter-State Adoption, adopted on 29 May 1993 , shall apply mutatis mutandis. Article 105 (2) of this Book shall apply mutatis mutandis to the consent of the parents whose consent to the adoption was required.


Section 4. Transitional duty

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Article 112

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This Title shall apply to applications for adoption submitted in the Netherlands from 1 January 2004 and to the recognition of adoptions that have been taken out from 1 January 2004.


Title 7. Other matters of family law

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Section 1. Parental responsibility and protection of children

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Article 113

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The protection of children shall apply:

  • (a) The Hague Convention on the jurisdiction of the authorities and the applicable law on the protection of minors (Trb), adopted on 5 October 1961. 1968, 101),

  • b. the Regulation (EC) No Council of the European Union of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and on parental responsibility, and repealing Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and enforcement of judgments in matrimonial matters and on parental responsibility 1347/2000 (PbEU L 338), and

  • c. the International Child Protection Act .


Section 2. International abduction of children

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Article 114

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International abduction of children shall apply:


Section 3

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(reserved)


Section 4. Maintenance

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Article 116

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The duty applicable to the maintenance obligations shall be determined by:

  • (a) the Protocol on the law applicable to maintenance obligations (PbEU L 331/17) adopted in The Hague on 23 November 2007,

  • b. The Hague Convention on the Law applicable to Maintenance Obligation (Trb), adopted on 2 October 1973. 1974, 86), or

  • (c) the Treaty establishing the Hague Convention of 24 October 1956 concerning the law applicable to child support obligations (Trb. 1956, 144).


Title 8. Corporates

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Article 117

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For the purposes of this Title:

  • a. corporation: a company, association, cooperative, mutual guarantee society, foundation and any other entity as a self-employed entity or organization outward-performing body and partnership;

  • b. Officer: he who, without being a body, is competent to represent it under the law applicable to the corporation and its statutes or cooperation agreement.


Article 118

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A corporation which, by virtue of the contract of formation or deed of establishment, has its registered office or, failing that, its centre of action, at the time of its establishment, in the territory of the State under whose law it is established; shall be governed by the law of that State.


Article 119

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The law applicable to a corporation governs, in addition to its establishment, the following subjects in particular:

  • a. possession of legal personality, or of the power to exercise rights and obligations, to perform legal acts and to act in law;

  • b. the internal organization of the corporation and all related subjects;

  • (c) the power of organs and officials of the corporation to represent it;

  • d. the liability of directors, commissioners and other officials as such vis-a-vis the corporation;

  • e. the question of who, in addition to the corporation, for the acts by which the corporation is connected, is liable by virtue of a specific capacity such as that of founder, partner, shareholder, member, administrator, Commissioner or other official of the corporation;

  • f. Termination of the existence of the corporation.


Article 120

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Where a legal personality has its registered office moved to another country and the law of the State of the original seat and that of the State of the new seat at the time of the transfer of seats is transferred, it shall be Recognizing the existence of the corporation as a legal entity, its survival as a legal person is also recognised under Dutch law. From the transfer position, the right of the State of the new seat shall be governed by Article 119 of this Book, subject to the right of the State of the original registered office to continue to apply thereto, subject to the right of such a person to remain subject to the law of


Article 121

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  • 1 By way of derogation from the Articles 118 and 119 of this Book are the Articles 138 and 149 of Book 2 applying mutatis mutandis, mutatis mutandis, the liability of directors and (supervisory) directors of a corresponding Article 118 or Article 120 of this Book, which is governed by foreign law, which is subject to corporation tax in the Netherlands, if the corporation is declared bankrupt in the Netherlands. The directors are also responsible for those who are responsible for the management of the work carried out in the Netherlands.

  • 2 The court which issued the bankruptcy shall be responsible for the knowledge of any progress made under paragraph 1.


Article 122

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  • 1 The public prosecutor may request the court in Utrecht to state that the object or activity of a corporation that is not a Dutch legal person violates public order as intended in the court of law. Article 20 of Book 2 .

  • 2 The statement works for and against any one with effect from the first day after the day of the ruling. The statement shall be placed by the Registrar in the Official Gazette. If the corporation is entered in the commercial register, the declaration shall also be registered there.

  • 3 The court may, if required, subject the goods of the corporation to the jurisdiction of the corporation. Article 22 of Book 2 shall apply mutatis mutandis.

  • 4 The goods of a corporation situated in the Netherlands in respect of which the court has issued a declaration of law as referred to in paragraph 1 shall be settled by one or more liquidators to be appointed by him. The Articles 23 to 24 of Book 2 shall be applicable mutatis mutandis.


Article 123

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A corporation that is not a Dutch legal person and is included in the list referred to in Article 2 (3) of Regulation (EC) No 1483/2 of the EC Treaty. (EC) No 2580/2001 of the Council of the European Union of 27 December 2001 (PbEG L 344) on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, or in Annex 1 of Regulation (EC) No 2580/2001 of the European Parliament and of the Council (OJ L 344, 25.12.2001). Council Decision of 27 May 2002 (PbEG L 139) imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qau'ída network and the Taliban, and repealing Regulation (EC) No 148/EC Council Regulation (EC) No 467/2001 imposing a ban on exports of certain goods and services to Afghanistan, strengthening the ban on flights and extending the freezing of funds and other financial resources in respect of the export of certain goods and services to Afghanistan. Taliban in Afghanistan, or listed and identified with a star in the Annex to the Common Position no. Directive 2001/931 of the Council of the European Union of 27 December 2001 (PbEC L 344) on the application of specific measures to combat terrorism, is banned by law and does not have the power to carry out legal acts.


Article 124

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This Title is without prejudice to the provisions of the Law on the formal foreign companies .


Title 9. Representation

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Article 125

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  • 1 The law applicable to representation shall be determined by the Treaty establishing the Hague on the applicable right of representation (Trb) on 14 March 1978. 1978, 138).

  • 2 The Treaty does not apply to representation in respect of insurance for the Netherlands.


Title 10. Right of goods

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Section 1. General provisions

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Article 126

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  • 1 This title is without prejudice to the Hague Convention on the law applicable to trusts and on the recognition of trusts (Trb), adopted on 1 July 1985. 1985, 141), and Title 11 of this book. Without prejudice to the provisions of that Convention and of that Title, a legal act which shall be the object of a transfer to the Trustee of a trust governed by the law of the Netherlands shall be as referred to in Article 1 (1). Article 142 of this Book which is governed by foreign law, not an invalid title on the sole ground that the object of that act is to transfer properly to the security or to the effect it lacks after the transfer in the assets of the get to drop.

  • This Title shall be without prejudice to Directive 2014 /60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending the provisions of the Directive on the return of cultural objects unlawfully removed from the territory of a Member State. Regulation (EU) No 1024/2012 (PbEU 2014, L 159) as well as the provisions for the implementation of this Directive in the Civil Code, Law of Civil Procedure and the Law on the Conservation of Cultural Property .


Section 2. The goods regime in respect of cases

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Article 127

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  • 1 Save as otherwise provided in paragraphs 2 and 3, the provisions of the law of the goods shall be governed by the law of the State in whose territory the case is situated.

  • 2 Except Article 160 of this Book is governed by the law of the State in which the ship is tebutiated by the law of the Book in respect of tebookstanding ships.

  • 3 The rules of goods law relating to aircraft and aircraft which are only registered in a nationality register referred to in Article 17 of the Treaty of Chicago adopted on 7 December 1944 on International Civil Aviation, Stb. 1947, H 165, is governed by the law of the State in which the aircraft is registered or entered in the nationality register.

  • 4 The right referred to in the preceding paragraphs shall, in particular, lay down:

    • a. Whether a case of movable or immovable;

    • b. which is a constituent of a case;

    • (c) whether a case is open to the transfer of the property or the establishment of a right thereto;

    • d. which requirements are required of a transfer or establishment;

    • e. the rights to which a case may rest and the nature and content of such rights;

    • f. the manner in which those rights arise, change, pass and destroy and which is their mutual relationship.

  • 5 For the purposes of application of the preceding paragraph, as regards the acquisition, establishment, transfer, alteration or nullitiation of rights in a case, the date on which the necessary legal facts are to be established shall be determined.

  • 6 The preceding paragraphs shall apply mutatis mutandis in the case of transfer and of establishment of rights to business rights.


Article 128

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  • 1 The effects of a retention of title shall be governed by the law of the State in whose territory the case is held at the time of delivery. This shall be without prejudice to the obligations which may result from the law applicable to the retention of title.

  • 2 By way of derogation from the first sentence of paragraph 1, the parties may agree that the goods are subject to the provisions of the law of the State of destination if, on the basis of that provision, the right of the State of destination is governed by the law of the State of destination. the right to property rights does not lose its operation until the price has been paid in full. The designation thus agreed shall only be carried out if the case is actually entered in the designated State of destination.

  • 3 The foregoing paragraphs shall apply mutatis mutandis to the goods-law effects of leasing of cases destined for use abroad.


Article 129

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Without prejudice Article 163, introductory wording and point a , of this Book, the origin and the content of a right of retention are determined by the right which governs the legal relationship underlying it. A right of retention may be made only in so far as the law of the State in whose territory the case is situated allows it.


Article 130

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Rights in a case acquired or established in accordance with the law applicable under this Title shall continue to be subject to such rights, even if the case is transferred to another State. Such rights may not be exercised in a manner which is incompatible with the law of the State in whose territory the matter is situated at the time of that exercise.


Article 131

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The legal effects of the acquisition of a case of a disposition of disposal shall be governed by the law of the State in whose territory the case was held at the time of that acquisition.


Article 132

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  • 1 If possession of a case is involuntarily lost and after this loss is unknown in which state the case is located, the legal effects of legal acts, by the owner or his legal successor, shall be governed by The law of the State in whose territory the case was held before the loss of possession.

  • (2) In the case referred to in the previous paragraph, the loss is covered by insurance, the law governing the insurance contract shall determine whether and in what way the property is transferred to the insurer.


Article 133

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  • 1 The rules of goods law relating to a case carried under an international transport agreement shall be governed by the law of the State of destination.

  • 2 If the carriage referred to in paragraph 1 is carried out in implementation of a purchase agreement or other contract requiring the transfer of the case, or making a commitment to establish a right to set up a right to set up such a contract, By way of derogation from paragraph 1, an indication of the law applicable to the said agreement shall be included in that agreement, and shall be deemed to relate to the provisions of the provisions of the goods law relating to the case being transported.


Section 3. The provisions of the rules of goods law relating to the right of claim

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Article 134

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Where a claim is embodied in a document, the law of the State in whose territory the document is situated shall determine whether the claim is a claim by name or by means of a claim for bearer order.


Article 135

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  • 1 The susceptibility of a claim in the name of the transfer or the right of establishment of rights shall be governed by the law applicable to the claim.

  • 2 For the rest, the rules of goods law relating to a claim shall be governed by the law applicable to the agreement confered on the transfer or establishment of rights. It shall, in particular, lay down that:

    • a. which requirements are required of a transfer or establishment;

    • (b) who is entitled to exercise the rights set out in the proceedings;

    • c. the rights to the claim and the nature and content of those rights;

    • d. the means by which such rights are changed, transferred and extingued and their mutual relationship is their mutual relationship.

  • 3 Relations between the transferee and the recipient and the debtor, the conditions under which the transfer of a claim by name or the establishment of a right to the debtor can be relied on, and the question of whether the debtor has been freed by payment shall be governed by the law applicable to the claim.


Article 136

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  • 1 The rules of goods law relating to a claim to bearer shall be governed by the law of the State in whose territory the bearer is situated. Article 135 (1) and (2) of this Book shall apply mutatis mutandis to the question of which subjects are governed by that right.

  • 2 The relationship between the transferee and the debtor, the conditions under which the transfer of the claim or the establishment of a right to the debtor may be relied upon, as well as the question of whether the debtor is due to payment of the debtor liberated, shall be governed by the law applicable to the claim.

  • 3 The Articles 130 and 131 of this Book shall apply mutatis mutandis to advances in toinclude.


Section 4. The rules of goods law relating to shares

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Article 137

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Where a document is a share certificate in accordance with the law applicable to the issuing company listed in that document, the law of the State in whose territory the shareholder is situated shall determine whether or not it is a share of its own name or a share of its own name. Share of tounder.


Article 138

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  • 1 The rules of goods law relating to a share by name shall be governed by the law applicable to the company which issues the share or has issued it. Article 135 (1) and (2) of this Book shall apply mutatis mutandis to the question of which subjects are governed by that right.

  • 2 By way of derogation from paragraph 1, in relation to shares in a Dutch limited company to which, in order to promote the marketability of a regulated foreign exchange, one in the State of establishment of the stock exchange The issuing company shall provide that the goods governed by the goods are governed by the law of the State in which the Stock Exchange is established or the law of the State in which, with the agreement of the Member State, the -Stock exchange supplies and other goods-law legal acts concerning the shares may or must be taken out.

  • 3 An indication of the applicable law as referred to in paragraph 2 shall be made explicit, in a manner which is clear to interested parties. In addition, this designation should be published in two Dutch daily newspapers.

  • 4 The relationship between the shareholder, the entitled shareholder, and the company, as well as the conditions under which the transfer or the establishment of a right to the company can be relied upon, shall be governed by the law. that applies to the company which has issued the share.


Article 139

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  • 1 The rules of goods law relating to a share of bearer shall be governed by the law of the State in which the bearer is situated. Article 135 (1) and (2) of this Book shall apply mutatis mutandis to the question of which subjects are governed by that right.

  • 2 The relationship between the shareholder, the entitled shareholder, and the company, as well as the conditions under which the transfer or the establishment of a right to the company can be relied upon, shall be governed by the law. that applies to the company.

  • 3 The Articles 130 and 131 of this Book shall apply mutatis mutandis to bearer shares.


Section 5. The provisions of the rules of goods law relating to transferable securities

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Article 140

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Where a share belongs to a collection of transferable securities which are transferable transferable to transferable securities, the goods under the rule of goods shall be subject to that share. Section 4 Not applicable in so far as their provisions derogate from Article 141 of this book.


Article 141

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  • 1 The system of goods law relating to transferable securities shall be governed by the law of the State in whose territory the account in which the securities are administered shall be held.

  • 2 The right referred to in the preceding paragraph shall, in particular, lay down:

    • a. which rights may rest on the securities and the nature and content of these rights;

    • b. the requirements for the transfer or establishment of the rights referred to in point (a);

    • (c) who is entitled to exercise the rights set out in the securities;

    • d. the means by which the rights referred to in point (a) are changed, transferred and extingued and their mutual relationship is their mutual relationship;

    • e. the execution.


Title 11. Trustrecht

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Article 142

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For the purposes of this Title, the following definitions shall apply:

  • a. The Hague Convention 1985: the Hague Convention on the law applicable to trusts and the recognition of trusts (Trb), adopted on 1 July 1985. 1985 141);

  • b. trust: a trust as defined in Article 2 of the Hague Convention 1985, which was created by an expression of will and which is evidenced by a written document.


Article 143

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In the case of a good in respect of which tenders may take place in a register kept under the law and which is part of the trust goods constituting a separate assets, the Trustee may require that a tender be made on the basis of a his name and in his capacity as Trustee, or in any other way that proves to be the existence of the trust.


Article 144

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Provisions of Dutch law on transfer of ownership, security or the protection of creditors in the event of insolvency leave the legal effects of the recognition of a trust as defined in Article 11 of the Hague Convention 1985. is without prejudice


Title 12. Inheritance duty

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Article 145

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  • 1 For the purposes of this Title, the following definitions shall apply: Regulation (EU) No 2381/12 of the EC Treaty. Parliament and Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments and the acceptance and enforcement of authentic instruments in the field of civil protection succession, as well as on the establishment of a European Certificate of Inheritance (PbEU 2012, L 201).

  • 2 For the purposes of this Title, the Hague Convention on the Law of 1 August 1989 on the law applicable to succession (Trb) shall be understood as the Hague Convention on the Law of the Hague. 1994, 49).


Article 146 [ Expaed by 17-08-2015]

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Article 147

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  • (1) If one of the beneficiaries is disadvantaged in a settlement with respect to another person by the application to an external assets of an item of assets of an international private law of the country of the right to be situated, the goods shall be recognised as valid in accordance with that right from those other entitled or obtained by third parties.

  • 2 The injured party may, however, claim that, on the occasion of the liquidation of the estate between him and the privileged entitled, a netting shall be carried out to a maximum of the disadvantage suffered. The settlement is only possible with respect to the property of the estate or a reduction in a load.

  • 3 In the preceding paragraphs, the term 'entitled' means an heir, a legatee or a person in a burden of taxation.


Article 148

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The revocation by the deceased of any disposition of property previously made by him shall be presumed to include a direct indication of the right which governs the inheritance of his inheritance.


Article 149

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  • 1 The liquidation of the estate shall be governed by Dutch law if the deceased had his last habitual residence in the Netherlands. In particular, the Netherlands rules governing the heirs of the heirs to the debts of the deceased and the conditions under which they are appointed by the law applicable under the Hague Convention of the Court of Justice, are applicable. may exclude or limit houtiration.

  • 2 The manner in which the distribution of the estate is established shall be governed by Dutch law if the deceased had his last habitual residence in the Netherlands, unless the members of the party jointly enjoy the law of another country. designate. The requirements of the goods right of the place of location of assets shall be taken into account.


Article 150

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  • 1 The task and powers of a liquidator designated by the deceased shall be governed by Dutch law if the deceased had his last habitual residence in the Netherlands.

  • 2 The court may, at the request of any interested party, take the necessary measures to ensure that, as regards the inheritance of the constituent elements of the estate in the Netherlands, it is the law applicable under the Hague Convention for the period 1989 to 1989. shall be complied with. He may order collateral in relation to such collateral.


Article 151

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  • 1 The regulation of inheritance is without prejudice to the Treaty of the Hague on the conflicts of law relating to the form of testamentary decisions (Trb), which was adopted on 5 October 1961. 1980, 50). The law applicable to the form of the final act of property shall be determined by this Treaty.

  • 2 An oral testamentary decision which, except in exceptional circumstances, was made by a Dutchman who does not also possess another nationality is not recognised in the Netherlands.


Article 152

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  • 1 The Articles 147 and 148 shall be applicable to the succession of persons whose death took place after 1 October 1996. Article 147 is applicable to the succession of persons whose death occurred on or after 17 August 2015 only if the capital item to which the settlement relates lies in a State not bound by the Regulation of inheritance.

  • 2 If, before 1 October 1996, the deceased has appointed the law applicable to his succession, that designation shall be regarded as valid if it fulfils the requirements of Article 5 of the Convention on the Hague 1989.

  • 3 If the parties to an agreement on succession have designated for 1 October 1996 the law applicable to that agreement, that designation shall be considered valid if it fulfils the requirements of Article 11 of the Hague Treaty of succession 1989.

  • 4 Without prejudice to the preceding paragraphs, a designation by the deceased of the law applicable to inheritance of inheritance or the alteration of such designation, which was effected before 1 October 1996, shall not be regarded as invalid. on the sole ground that the law did not arrange for such a designation at the time.

  • 5 The Articles 149 and 150 shall be exclusively applicable to the succession of persons whose death occurred after 1 October 1996 and before 17 August 2015.


Title 13. Contractual obligations

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Article 153

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For the purposes of this Title, the term 'Rome I' shall mean the Regulation (EC). 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (Pb EU L 177).


Article 154

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In the case of undertakings which fall outside the scope of the Rome I Regulation and the relevant conventions which may be regarded as contractual obligations, the provisions of the Rome I Regulation shall be equivalent to those of the Application.


Article 155

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In the cases referred to in the second subparagraph of Article 7 (3) of the Rome I Regulation, the parties may make a choice in accordance with Article 3 of the Rome I Regulation.


Article 156

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For the purposes of Article 7 (4) (b) of the Rome I Regulation, insurance contracts for the coverage of risks for which a Member State imposes an obligation to exclude insurance shall be governed by the law of the European Parliament (hereinafter referred to as 'the Law'). Member State imposing the obligation to provide insurance.


Title 14. Commitments from source other than agreement

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Article 157

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For the purposes of this Title, the Regulation entitled 'Rome II' shall mean Regulation (EC) No 2028/EC. (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (PbEU L 199).


Article 158

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  • 1 The Regulation 'Rome II' is without prejudice to:

    • (a) The Hague Convention of 4 May 1971 on the law applicable to road accidents (Trb). 1971, 118); and

    • (b) the Treaty establishing the Hague on 2 October 1973 concerning the law applicable to liability for products (Trb. 1974, 84).


Article 159

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The provisions of the Rome II Regulation shall apply mutatis mutandis to commitments which fall outside the scope of the Rome II Regulation and the relevant conventions which may be regarded as unlawful act. except that on commitments arising from the exercise of Dutch public authority Dutch law is applicable.


Title 15. Certain provisions relating to the Law of the Sea, the Law of the Sea and the air right

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Article 160

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  • If, in the case of bankruptcy or of extraction in the Netherlands, the proceeds of a vessel must be distributed, the question of whether, and if so, the scale of the claim made thereto shall be answered according to the right to which the that claim is governed.

  • 2 Whether a claim as referred to in the preceding paragraph is privileged and which the extent, ranking and consequences of that privilege are, shall be decided according to the law of the State in which the ship was born at the time of the commencement of the bankruptcy or the Collection of tebukal. However, for the purposes of determining the ranking of claims, priority shall be given to those claims in excess of loans secured by mortgage, which shall also benefit from Dutch law in such a way as to give priority to those claims.

  • 3 No primacy shall be accorded to a claim which is not entitled to the ship under the applicable law.

  • 4 Paragraphs 2 and 3 shall apply mutatis mutandis to the feasibility of a claim on the ship.


Article 161

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  • 1 The question of whether a party to an agreement for the operation of a ship, or a person in its service or otherwise for the purposes of its work, or an owner of or an interested party in the case of the cases transported or to be transported outside the agreement -to rely on a contract concluded by himself or by any other contract in the chain of the operating agreements, shall be entitled to the right to be applied to the claim established outside the contract.

  • 2 However, in the relationship between two parties to the same operating agreement, the question referred to in the preceding paragraph shall be answered in accordance with the law applicable to that agreement.


Article 162

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  • 1 In the case of the carriage of goods under bills of lading, the question of whether, and if so, under what conditions, in addition to the person who signed the bill of lading or for whom another signed it, a third party as a carrier is bound or entitled under the bill of lading if also the question of who is bearer of the rights and obligations arising from the bill of lading to the carrier, is entitled to the law of the State in which the port is situated, where the agreement must be discharged under the Agreement, irrespective of a choice of law made by the Contracting Parties to the contract.

  • 2 However, the questions referred to in paragraph 1 shall be answered in accordance with the law of the State in which the port of loading is situated, as regards the obligations to make available the agreed matters, the place, the procedure and the duration of the contract. of the loading.


Article 163

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Irrespective of the law applicable to the contract for the carriage of goods, the law of the State in which the port is situated shall, where the goods are landed, apply to the following questions:

  • a. or, and to what extent, the carrier has a right of retention on the business; and

  • (b) or, and the consequences, the carrier or the person entitled to the carrier on delivery of the cases, is competent to carry out a judicial inquiry into the situation in which the business is delivered and, if the loss of whether damage to the cases or part of it is suspected, to do a judicial inquiry into the causes thereof, including a budget of the damage or loss.


Article 164

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To the extent that the Regulation on Rome II does not cover the liability of a collision in the high seas, the law of the State where the claim is brought shall apply. The first sentence shall also apply where damage caused by a seagoing vessel was caused without a collision course.


Article 165

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  • 1 The rights referred to in the Convention on International recognition of rights to aircraft (Trb, adopted in Geneva on 19 June 1948). 1952, 86) are recognised under the conditions and with the consequences of that convention.

  • 2 This recognition shall not operate to the detriment of an attachment creditor or of the buyer for execution, where the establishment or transfer of the said rights was effected by the executed person, while he was aware of the seizure.


Title 16. Arbitration

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Article 166

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By way of derogation from Article 154 is a contract to arbitration materially valid if it is valid according to the right that parties have chosen or to the right of the place of arbitration or, if parties have not made a right of choice, to the law applicable to the arbitration the jurisdiction to which the arbitration agreement relates.


Article 167

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If a State, other public legal person or State undertaking is a party to an arbitration agreement, it may not rely on its law or regulation in order to establish its competence or competence to enter into the contract dispute arbitration or the susceptibility of the dispute for decision by arbitration, if the other party knew or belonged to that arrangement.