Civil Code Book 7

Original Language Title: Burgerlijk Wetboek Boek 7

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Civil Code Book 7, special agreements book 7. Special agreements title 1. Sale and Exchange section 1. Sale: General provisions article 1 Sale is the agreement whereby the a undertakes to give a case and the other for a price will be paid in cash.

Article 2 1 The sale of a residential property or to file part of it is, if the purchaser is a natural person not acting in the exercise of a profession or business, made in writing.
2 formatted certificate or a copy thereof between the parties must be made to the buyer, desverlangd against delivery to the seller of a dated receipt. For three days after this hand delivery the buyer has the right to cancel the sale. , After the buyer has made use of this right, within a period of six months between the same parties relating to the same case again the same file or part of a purchase completed, then no right again.
3 paragraphs 1 – 2 shall apply mutatis mutandis to the sale of participation or membership dues conferring the right to the use of a to-residential real estate or ingredient thereof.
4 of the in the members 1 – 3 cannot be derogated from to the detriment of the purchaser, except in the case of a standard scheme referred to in article 214 of book 6.
5 paragraphs 1 – 4 are not applicable on hire purchase and sale at public auction in front of a notary. They are likewise not apply, when the agreement also meets the definition of an agreement as referred to in article 50a, parts c or f.

Article 3 1 The sale of a registry can be properly registered in the public records referred to in section 2 of title 1 of book 3, unless on the date of registration of that good delivery by the seller still would not have been possible because of the exclusion set out in article 97 of Book 3 of delivery in advance of future registered property. At the sale of immovable property intended to house or file a part of it may, if the purchaser is a natural person not acting in the exercise of a profession or business, some of it in the previous sentence not be derogated from to the detriment of the buyer.
2 during the cooling-off period referred to in article 2 (2) registration can only take place if the deed is drawn up and countersigned by a notary based in Netherlands.
3 against the buyer whose sale is registered cannot be relied upon: a. a after registration of that sale came about alienation or encumbrance by the seller, unless this alienation or encumbrance arising from a previously registered sale and took place under a right to supply that according to article 298 of book 3 went for that of the buyer and the buyer on the date of registration of the sale knew or in respect of which at that time the minutes of freezing injunction to delivery was registered;
b. disposals or encumbrances that take place as a follow-up to the alienation or encumbrance referred to in subparagraph (a) by the seller;
c. a receivership that after the registration of the sale came about or that, if they come about, when in advance was not in the public records was registered, unless the buyer her on the date of registration of the sale knew;
d. a after the registration of the sale came about renting or leasing;
e. a registered after the registration of the sale clause as referred to in article 252 of book 6;
f. a by way of execution or provisional attachment of which the minutes after registration of the sale is registered;
g. bankruptcy or suspension of payment by the seller or him of the debt restructuring arrangement apply in respect of natural persons, pronounced after the day on which the sale is registered.
4 The registration of the sale loses the retroactive operation referred to in paragraph 3, if the goods are not within six months after the registration has been delivered to the buyer. In this case, moreover, the sale shall be deemed not to be known through consultation of the public records.
5 after the registration has lost its effect, can for six months no sale between the same parties with respect to the same good.
6 registration of the sale shall be applied only if under the deed of a signed and dated statement of a notary is inserted, which its name, first names, location and quality, and which States that paragraphs 1, 2 and 5 not to sign-up.
7 paragraphs 1-6 shall not apply on hire-purchase.

Article 4 when the sale is concluded without the price is determined, the buyer shall owe a reasonable price; in determining that price shall take into account the by the seller at the time of the conclusion of the agreement usually stipulated prices.

Article 5 1 In this title consumer sales: the sale with respect to a movable property which is closed by a seller who is acting in his trade, business, craft or profession and a buyer, natural person, who is acting for purposes outside his trade, business or professional activity.
2 the case is sold by an agent acting in the course of a profession or business, then the sale is classified as a consumer purchase, unless the buyer at the time of conclusion of the contract, know that the principal is not acting in the exercise of a profession or business.
3 the previous paragraphs shall not apply if the agreement by piping the user supplied water.
4 If the movable property still to be established and the agreement under which this case must be delivered meets the definition under article 750, the agreement as a consumer purchase if the contract is concluded by a contractor who acts in the exercise of a profession or business, and a client, natural person , not acting in the exercise of a profession or business. The provisions of this title and section 1 of title 12 are next to each other. In case of conflict the provisions of this title.
5 with the exception of articles 9, 11 and 19a, the provisions on consumer sale apply mutatis mutandis to the supply of electricity, heat and cold and gas, in so far as they are not ready for sale are made in a limited volume or set quantity, as well as on the supply of district heating and on the supply of digital content that is not supplied on a tangible medium but that has been individualized and that actual power may be exercised, to a natural person, who is acting for purposes outside his trade, business, craft or profession.
6 for the purposes of articles 9, 11 and 19a is an agreement between any person acting in the course of his trade, business, craft or profession and the natural person, who is acting for purposes outside his trade, business or profession, that both the supply of goods and the provision of services, exclusively classified as consumer purchases.

Article 6 1 When a consumer can buy sections 1-7 of this title are not to the detriment of the buyer and can be derogated from the rights and claims that the law to the buyer in respect of a failing in the fulfilment of the obligations of the seller, not be limited or excluded.
2 paragraph 1 shall not apply to articles 12, 13, first and second sentences, 26 and 35, but terms in general conditions to the detriment of the buyer which deviate from those articles, be regarded as unreasonably onerous.
3 the eligibility of consumer purchases of a right that the Directive 74/60/EEC. 99/44/EC of the European Parliament and of the Council of the European Union of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171) provided protection not, or only partly, deals, would not allow the buyer loses the protection that is provided under this directive it is him by the mandatory rules of the law of the Member State of the European Union or of the other State party to the agreement on the European economic area, where he has his habitual residence.

Article 6a (1) if in the case of a consumer purchase in a guarantee by the seller or the producer some properties have been promised, in the absence of which the buyer certain rights or claims are awarded, then the buyer may exercise this without prejudice to all other rights or claims which the law assigns to the buyer.
2 In a warranty should be stated in a clear and comprehensible manner which rights or claims referred to in paragraph 1 shall be granted and a buyer is to forward a buyer without prejudice to the rights or claims that the law in his case. In addition, in a guaranteed the name and address of the seller or the producer whose guaranteed, as well as the duration and the area for which the guarantee is valid.
3 the information referred to in paragraph 2 must be provided the buyer on his desire. This shall be done in writing or in another at the disposal of the purchaser standing and durable data carrier.
4 to the purchaser by the seller or the producer in a warranty rights granted or claims are also to him if the case is not the qualities that in an ad by this seller or producer are committed.
5 In this article, the following definitions shall apply:

a. warranty: a commitment made in a warrenty or advertising referred to in paragraph 1;
b. manufacturer: the manufacturer of the case, the one that enter the case in the European economic area, as well as anyone who presents themselves as a producer by its name, its trade mark or other distinguishing feature on the case.

Article 7 1 the person to whom a case has been forwarded and which may reasonably assume that such transmission is done in order to move him to a sale, regardless of any contrary communication from the sender to this jurisdiction the case to not to keep unless it can be ascribed to him that the transmission has been done.
2 no obligation to pay for a natural person who is acting for purposes outside his trade, business or profession, at the unsolicited delivery of goods, financial products, water, gas, electricity, district heating or digital content which is not supplied on a tangible medium, regardless of whether the digital content individualiseerbaar is and whether there is actual power over may be exercised, or the unsolicited supply of services referred to in article 193i part f of book 6. The lack of response by a natural person, who is acting for purposes outside his trade, business or profession, on provision is not as acceptance. Nevertheless, a case sent is referred to in the first sentence, then paragraph 1 concerning jurisdiction, the case not to retain shall apply mutatis mutandis. This paragraph applies regardless of whether the sender is represented.
3 If the recipient in the cases referred to in paragraphs 1 – 2, return the case, the cost thereof shall be borne by the consignor.

Article 8 is a newly built or build House, consisting of a property or ingredient thereof, sold and the purchaser is a natural person not acting in the exercise of a profession or business, the 767 and 768 articles shall apply mutatis mutandis. This may not be derogated from to the detriment of the purchaser, except in the case of a standard scheme referred to in article 214 of book 6.

Section 2. Obligations of the seller Article 9 1 the seller is obliged to transfer case with accessories sold in ownership and delivery. Under the present title evidence and accessories are modest; as far as the seller retains interest in itself, he is only required to to the buyer on his desire and his costs a copy or extract.
2 under episode means the up the case in the possession of the buyer.
3 In case of sale with reservation of title, the term means the episode up the case in the power of the buyer.
4 at a consumer sale the seller delivers the goods without undue delay and in any event within 30 days following the conclusion of the agreement. The parties may agree a different period. On the term of 30 days is Regulation (EEC, Euratom) No. (OJ L 124) 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time-limits shall apply mutatis mutandis.
5 If the consumer purchase came about through another person, acting in the course of his trade, business, craft or profession, acting on behalf of or for the account of the seller, also in relation to that other person, the consumer can rely on paragraphs 1 – 4.

Article 10 1 the case is at the risk of the buyer of the episode, even though the property not yet transferred. Thus, he owed the purchase price, regardless of destruction or deterioration of the case by a cause which is not attributable to the seller.
2 the same applies from the moment when the buyer is in default with the performance of an act with which he must work on the episode. In the case of the species there are things that are sold, does the failure of the buyer the risk first pass on him, when the seller intended for the implementation of the agreement has appointed business and the buyer has notified.
3 If the buyer is entitled the right to rescind the sale and on replacement of the case are enlisting, it remains at the risk of the seller.
4 when the case after the episode at the risk of the seller, is the extinction or the decline of it at the hands of the buyer also borne by the seller. The buyer must, however, from the moment that he reasonably must take account of the fact that he will have to return the case carefully, as a debtor for its preservation; Article 78 of book 6 shall apply mutatis mutandis.

Article 11 1 At a consumer sale which is delivered to the buyer, is the case for the risk of the buyer from the time the buyer or a third party other than the carrier designated by him is, the case has received.
2 In the event the purchaser designates a carrier and the choice for this carrier is not offered by the seller, the risk shall pass to the buyer at the time of receipt of the case by the carrier.
3 If the consumer purchase came about through another person, acting in the course of his trade, business, craft or profession, acting on behalf of or for the account of the seller, also in relation to that other person, the consumer can rely on in paragraphs 1 – 2.

Article 12 1 delivery costs, including those of weighting and count, shall be borne by the seller.
2 cost of collection and cost of a deed of transfer and shall be borne by the buyer.

Article 13 where a consumer purchases the thing is delivered to the buyer by the seller or an authorised carrier, can only be claimed costs, provided that they are at the conclusion of an agreement other than distance or off-premises referred to in article 230 g parts (e) and (f) of paragraph 1, book 6 are specified separately by the seller or the data it has been provided by the seller on the basis of which they are calculated by him. The same applies to costs, due for other work in connection with the sale by the seller to the buyer. For a consumer sale that also meets the definition of a distance contract or an agreement outside the business premises, in accordance with articles 230 m, part e, paragraph 1 and paragraph 3 of Book 6, 230n nor additional costs in so far as it is not specified.

Article 14 of the day of delivery come off the fruits to the buyer, it being understood that civil fruits are calculated from day to day.

Article 15 1 the seller is obliged to transfer the sold business in property free of all special charges and restrictions, with the exception of those expressly accepted by the buyer.
2 regardless of any agreed otherwise, the seller in the absence of loads and constraints arising from facts that are susceptible to registration in the public records, but in it at the time of the conclusion of the agreement were not registered.

Article 16 When an action is brought against the buyer to eviction or the recognition of a right which the case may be, is not in charge had the seller is obliged to come in the proceedings in order to defend the interests of the buyer.

Article 17 1 the delivered case must comply with the agreement.
2 a matter does not correspond to the agreement if, taking into account the nature of the case and the communications that the seller about the case has done, not the qualities that the buyer is entitled to expect under the agreement. The buyer may expect the case the qualities that are needed for normal use thereof and whose presence does not need to doubt, as well as the properties needed for a particular use that to the agreement.
3 a different matter than is agreed, or a case of a different sort, answered the agreement. The same shall apply where the delivered in number, size or weight of the delivered item, is different.
4 Is to the buyer a sample or model provided, then the case must comply therewith, unless it was provided by way of indication only without the product.
5 the buyer may not claim that the case does not meet the agreement when him this at the time of the conclusion of the agreement was known or reasonably could have known. Also the buyer may not claim that the case does not meet the agreement when this is due to defects or unsuitability of raw materials submitted by the buyer, unless the seller had to warn him for these defects or disabilities.
6 by sale of a property is an indication of the surface to be merely indicative, without the need to answer that case.

Article 18 1 in assessing whether a consumer on the basis of a sale agreement, apply to the case delivered communications made by or on behalf of a previous seller of that case, acting in the exercise of a profession or business, regarding the case are made public, as communications from the seller, except insofar as these belonged to a particular communication knew neither know or this communication no later than at the time of the conclusion of the agreement on a clear way is revoked, or the sale is not affected by this communication can be.

2 At a consumer sale is suspected that the case has answered do not comply with the agreement on delivery, if the deviation of the delivered item, within a period of six months after delivery, unless the nature of the case or the nature of the deviation opposes.
(3) if in the case of a consumer purchases the seller's obligation to take care of the installation of the case and this installation unsound is run, this equated to a lack of conformity of the thing to the agreement. The same applies if installation is carried out by the buyer defective and this is due to the fitting that with the delivery of the thing to the purchaser.

Article 19 1 In case of a sale the buyer may not claim that the case is afflicted with a burden or a constraint that had been allowed to rest on it, or that it fails to comply with the agreement, unless the seller that knew.
2 the same applies if the sale takes place by way of summary execution, provided that the buyer knew or should have known. At a consumer sale the buyer may, however, be on occupations that do not comply with the agreement.

Section 3. Specific consequences for non-compliance with the obligations of the seller Article 19a 1, the salesman at a consumer sale the time limit agreed in article 9 paragraph 4 provided or not after, then he is in default by the buyer in default when he shall be lodged with an reminder taking him a reasonable period for the episode, and performance is not forthcoming within that period.
2 the failure of the seller may occur without notice in when: a. the seller refused to deliver the business;
(b). delivery within the agreed delivery period is essential, all the circumstances surrounding the conclusion of the agreement shall be taken into account; or c. the buyer to the seller for the time of conclusion of the contract that episode for or on a specified date is essential.
3 at the dissolution of a consumer sale due to a failing in the fulfilment of the undertaking referred to in article 9 paragraph 4 shall reimburse the seller without delay of any payments received from the buyer.
4 If the consumer purchase came about through another person, acting in the course of his trade, business, craft or profession, acting on behalf of or for the account of the seller, also in relation to that other person, the consumer can rely on it in the members 1 – 3.

Article 20 the case was afflicted with a burden or a constraint that had been allowed to rest on it, then the buyer may demand that the last of the restriction is lifted, provided that it can reasonably comply with the seller.

Article 21 1 Answered the delivered do not comply with the agreement, the purchaser requirements: a. delivery of the missing;
b. recovery of the delivered thing, provided that it can reasonably comply with the seller;
c. replacement of the delivered thing unless the deviation of the delivered item, is insufficient to justify this, or the case after the time that the buyer reasonably with cancellation must take account, extinguished or has deteriorated due to failure as a carefully debtor for its preservation.
2 the cost of performance of the obligations referred to in paragraph 1 may not be charged to the buyer.
3 the seller is obliged to, taking into account the nature of the case and the particular use of the case that in the agreement, within a reasonable period and without major inconvenience to the buyer, are obligations referred to in paragraph 1.
4 at a consumer sale the buyer comes by way of derogation from paragraph 1 only then no repair or replacement of the delivered thing if repair or replacement is impossible or not can be taken from the seller.
5 repair or replacement may not be taken if consumers buy from the seller the cost thereof in no proportion to the cost of exercise of another right, or any other claim that the buyer, having regard to the value of the case if they would correspond to the agreement, the degree of deviation from the delivered item, and whether or not the exercise of another right or another claim no major inconvenience to the buyer caused.
6 where a consumer purchases the seller within a reasonable time after he is called upon to do so in writing by the buyer, to its obligation to repair the delivered thing has failed, the buyer may take place to do the recovery by a third and costs on the seller.

Article 22 1 Answered the delivered do not comply with the agreement, then at a consumer sale the purchaser Furthermore, the power to: a. to dissolve the agreement, unless the deviation from the agreed upon, given its minor importance, this does not justify dissolution with its consequences;
b. to reduce the price in proportion to the degree of deviation from the agreed upon.
2 The powers referred to in paragraph 1 arise only when recovery and replacement are impossible or not can be taken from the seller, or the seller has an obligation referred to in article 21 (3).
3 in so far as in this section is not deviated on the option referred to in paragraph 1 (b) the provisions of section 5 of title 5 of book 6 of dissolution of an agreement apply mutatis mutandis.
4 the rights and powers referred to in paragraph 1 and to articles 20 and 21, the buyer without prejudice to all other rights and claims.

Article 23 1 the buyer can no longer do that what is delivered not on the agreement, if he is not the seller within a reasonable time after he has discovered or could reasonably be expected to discover, has notified. Turns out, however, to the case a property to be missing that possessed it according to the seller, or does the derogation relate to facts that he knew or should have known but which he has not communicated, the notification shall be made within a reasonable time after the discovery. At a consumer purchase, the notification shall be made within a reasonable time after the discovery, in which a notification within a period of two months from the discovery is timely.
2 legal actions and defenses, based on facts that would justify the assertion that the case was not delivered to the agreement, barred by two years after the notification made in accordance with the first paragraph. But the buyer retains the power to to a claim for payment of the price are right to reduction thereof or on damages against.
3 the term does not run as long as the buyer cannot exercise its rights as a result of intent of the seller.

If, on the basis of article 24 1 a consumer buy a case is delivered that are not the qualities that the buyer is entitled to expect under the agreement, the buyer against the seller's right to compensation in accordance with sections 9 and 10 of title 1 of book 6.
2 Is the default in a defect as referred to in section 3 of title 3 of book 6, the seller is not liable for damages as referred to in that section, unless he knew the defect or belonged to a., b. He the absence of the defect has undertaken or c. it concerns property damage in respect of which by virtue of section 3 of title 3 of book 6 no right to reimbursement is made on the basis of the franchise settled in that Department , without prejudice to its defenses under sections 9 and 10 of title 1 of book 6.
3 If the seller shall reimburse the damages of the buyer pursuant to paragraph 2 (a) or (b), the buyer is obliged his rights under section 3 of title 3 of book 6 to transfer to the seller.

Article 25 1 the buyer, in case of a defect referred to in article 24, one or more of its rights in respect of that shortcoming exercised against the seller, the seller is entitled to compensation against the person from whom he has purchased, provided that the case also this to that agreement in the exercise of his profession or company has acted. Costs will only be reimbursed in respect of defence in so far as they are reasonably made by the seller.
2 of paragraph 1 cannot be derogated from to the detriment of the seller.
3 the right to compensation under paragraph 1 is not the seller if the deviation relates to facts that he knew or should have known, or its cause in a circumstance that occurred after the case was delivered to him.
4 If a property is missing on the case who possessed it according to the seller, it is the seller's right to compensation under paragraph 1 is limited to the amount which he could claim if he had not done the commitment.
5 On the story by virtue of previous purchase agreements are the previous paragraphs shall apply mutatis mutandis.
6 the previous paragraphs shall not apply in so far as it concerns damage as meant in article 24, paragraph 2.

Section 4. Article 26 1 obligations of the buyer The buyer is obliged to pay the price.
2 the payment must be made at the time and on site of the episode. At a consumer sale the buyer to advance payment of up to half the purchase price be required.
3 Is for the transfer of ownership requires a notarial deed, followed by registration in the appropriate public records, then the amount due at the time of the signing of the Act at least from the power of the buyer are brought and needs only after the registration in the power of the seller.

4 to the sale of one to residential real estate or ingredient thereof, the buyer who is a natural person and does not act in the exercise of a profession or business, not be required until payment of the purchase price, except that he can be stipulated that to ensure the performance of its obligations a sum not exceeding 10% of the purchase price deposit with a notary or, in depot for this amount replacement guarantee. In the first sentence of the certain cannot be derogated from to the detriment of the purchaser, except in the case of a standard scheme referred to in article 214 of book 6. The overpaid amounts unduly paid is considered.
5 paragraph 4 shall apply mutatis mutandis to the sale of participation or membership dues conferring the right to the use of a to-residential real estate or ingredient thereof.
6 the second sentence of paragraph 2 and paragraphs 4 – 5 shall not apply, if the contract also meets the definition of an agreement as referred to in article 50a, parts c, d or f.

Article 27 is disturbed or when the buyer has good ground to fear that he will be disturbed by a claim for recovery or for recognition of a right to the case that it ought not to rest, he may suspend the payment of the purchase price, unless the seller sufficient security to cover the disadvantage that the buyer is likely to suffer.

Article 28 At a consumer sale shall become statute-barred the legal claim for payment of the purchase price by two years.

Article 29 1 the buyer has received the case but he intends to refuse this, then he must as a carefully debtor for its preservation; He has a right of retention on the case until he by the seller for the reasonable costs incurred by him harmless.
2 the buyer who intends to him sent and available at the place of destination in due to refuse, case, so this is not a payment of the purchase price and no serious objections or unreasonable costs, this receipt, unless the seller is present at the place of destination or someone there is competent for his account with the care for the case.

Article 30 When in the cases, in article 29, the case is subject to rapid extinction or decline or when the custody thereof would entail serious objections or unreasonable costs, the buyer is obliged the case in a suitable way to do sell.

Section 5. Special consequences of default of the buyer article 31 if the agreement to the buyer the power by indication of size or shape or otherwise to specify the case and by it he is in default, the seller may proceed, taking into account the appropriate him known requirements of the buyer.

Article 32 in the event that the buyer is in default with the reception, article 30 shall apply mutatis mutandis.

Section 6. Special cases of dissolution Article 33 If the delivery of a movable property on a given day is essential and on that day the buyer does not take delivery, delivers this a ground for dissolution as referred to in article 265 of book 6.

Article 34 the seller may rescind the sale by a written statement, if the lack of reception gives him good reason to fear that the price will not be paid.

Article 35 1 If the seller at a consumer sale by virtue of a clause to that agreement made the purchase price after the close of the sale increases, the buyer may rescind the sale by a written statement, unless stipulated that the episode is longer than three months after the sale will take place.
2 for the purposes of paragraph 1, the amount purchase price understood that at the conclusion of the agreement subject to price change for the time being if sale price is specified.

Section 7. Article 36 1 compensation In the event of dissolution of the sale, when the case has a daily rate, the compensation equal to the difference between the price and the daily rate in the day of non-compliance.
2 for the calculation of these damages is the daily price of the market where the sale took place, or, if no such daily rate is whether these objectionable could be applied, the price of the market that this can reasonably replace; This takes into account differences in the cost of transport of the case.

Article 37 the buyer or the seller Has a cover sale closed and he is reasonable, then comes him the difference between the agreed price and that of the cover sale.

Article 38 the provisions of the two preceding articles the right to a higher close in the event of damages is not more damage was suffered.

Section 8. Right of advertising article 39 1 the seller of a movable, not delivered to the buyer case which a registry is good, if the price has not been paid and in connection therewith to the requirements for a dissolution as referred to in article 265 of book 6 is met, the buyer pointed to the case by a written declaration. By this statement, the sale dissolved and ends the right of the buyer or his legal transferee; 271, 273, 275 and 276 articles of book 6 shall apply mutatis mutandis.
2 Is just the price of a certain part of the delivered not paid, then the seller can reclaim that part only. With respect to the whole part of the price not paid, then the seller may recover a proportionate part of the delivered if delivered for such a distribution. In both cases, the sale delivered only for the recovered part of the disbanded.
3 In all other cases of partial payment of the price, the seller can only reclaim the delivered in its entirety against refund of the already paid.

Article 40 1 the purchaser Is declared bankrupt or is granted a suspension of payments to him, then the recovery, if not by the trustee or by the buyer and the administrator, within their set for that purpose by the seller at his explanation reasonable term the purchase price is paid or security is provided for this payment.
2 the first paragraph shall apply mutatis mutandis where the buyer the debt restructuring arrangement natural persons is declared, unless the sale agreement has been concluded after the judgment to the application of the debt restructuring arrangement.

Article 41 the power to recovery may be exercised only to the extent it is still delivered in the same condition in which it was delivered.

Article 42 1 Unless the case has remained in the hands of the buyer, void the jurisdiction to recover when the case in accordance with article 90 article 91 paragraph 1 or of book 3 other than to not is transferred to a third party who is not reasonably need to expect that the right would be exercised.
2 Is the case after the episode other than to not given in usufruct or pawned, then paragraph 1 shall apply mutatis mutandis.

Article 43 the seller can not exercise jurisdiction defined in article 39, if the buyer for the full purchase price trade paper has accepted.
Upon acceptance for part of the price the seller may only exercise this power if it for the benefit of the buyer guarantee for reimbursement of what the buyer would have to pay by virtue of his acceptance.

Defined in article 39 article 44 jurisdiction of the seller expires, when both six weeks have passed after the claim for payment of the purchase price fell due, as sixty days of the day on which the case under the buyer or under someone of his name is stored.

Section 9. Sale on trial Article 45 1 sale on trial shall be deemed to have been concluded under the suspensive condition that the case the buyer.
2 leave it for a term, sufficient to pass the case to assess, without the seller of his decision, then he can no longer deny the case.

Article 46 as long as the sale is not final, the case at the risk of the seller.

Section 9A. Distance contracts [expired per 13-06-2014] article 46a [expired per 13-06-2014] Article 46b [expired per 13-06-2014] article 46 c [expired per 13-06-2014] article 46 d [expired per 13-06-2014] article 46th [expired per 13-06-2014] article 46f [expired per 13-06-2014] article 46 g [expired per 01-11-2009] article 46h [expired per 13-06-2014] article 46i [expired per 13-06-2014] article not one for deadlines [expired per 13-06-2014] section 10. Sale of property rights Article 47 A sale on a property law can also relate. In that case, the provisions of the previous sections apply to the extent that this is consistent with the nature of the right.

Article 48 1 he who sells a legacy without the goods it piece by piece to provide is only held for his capacity as heir.
2 the seller has already enjoyed, a claim belonging to the estate collected or property from the estate alienated, then he must reimburse to the customer.
3 the buyer must reimburse to the seller which this due to the debts and charges of the estate has paid and meet him what he as a creditor of the estate had to be recovered.

Section 10A. Sale of rights of use in part time real estate

[Expired per 23-02-2011]



Article 48a [expired per 23-02-2011] article 48b [expired per 23-02-2011] article 48 c [expired per 23-02-2011] article 48 d [expired per 23-02-2011] article 48th [expired per 23-02-2011] article 48f [expired per 23-02-2011] article 48 g [expired per 23-02-2011] section 12. Exchange Article 49 return is the agreement whereby parties commit each other over and over again a case in the place of another.

Article 50 the provisions on sale find apply mutatis mutandis, it being understood that each party is regarded as a salesman for the achievement that it is due, and as a buyer for that which it deserves.

Title 1a. Contracts for the use of part-time, long-term holiday products, assistance and Exchange Article 50a In this title: (a) consumer: a natural person not acting in the exercise of his trade, business, craft or profession;
b. trader: a natural or legal person who is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader;
c. agreement on use in part time: a contract with a duration of more than one year, including any provision which allows an extension, under which a consumer, for consideration, the right to one or more overnight accommodations for more than one period of stay;
d. agreement on a long-term holiday product: an agreement with a duration of more than one year, including any provision which allows an extension, under which a consumer, for consideration, mainly the right on discounts or other benefits on accommodation, whether or not together with travel or other services;
e. assistance in trade agreement: an agreement under which a consumer, for consideration, assists a trader to a right of use in part time or a long-term holiday product to take over or to transfer;
f. Exchange Agreement: an agreement under which a consumer, for consideration, joins an Exchange system in which him in Exchange for the temporary provision of its right of use part time, access to overnight accommodation or other services;
g. additional agreement means an agreement under which the consumer services enjoy relating to an agreement on use in part time or an agreement on a long-term holiday product, and which are provided by the trader or by a third party on the basis of an agreement between that third party and the trader;
h. durable medium: a tool that enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
i. directive: Directive 74/60/EEC. 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of contracts for use in part-time, long-term holiday products, resale and Exchange (Ojeu L 33/10).

Article 50b 1 the trader shall provide to the consumer for quite some time before he by a agreement on use is tied in part time free of charge, and in a clear and comprehensible way accurate and sufficient information in accordance with the model set out in annex I to the directive. The information is provided on a durable medium that is easily accessible to the consumer.
2 The information referred to in the previous paragraph shall be drawn up in one by the consumer to choose language of the State in which he resides or of which he is a national, provided that this is an official language of the European Union or of a State which is a party to the agreement on the European economic area.
3 use In advertisements for an agreement on part time that and where the information referred to in paragraph 1.
4 during a promotion or sales event to a consumer made an offer to enter into an agreement regarding use in part time, then mentions the trader in the invitation to that event clearly the commercial nature and intent thereof.
5 The dealer ensures that during a promotion or sales event continually the information referred to in paragraph 1 available to the consumer.
6 the agreement on use in part time is not referred to or offered as an investment.
7 a trader who acts in breach of this article carried out an unfair commercial practice as referred to in article 193b of book 6 of the civil code.

Article 50 c 1 the agreement on use in part time is entered into in writing, on a durable medium, and is signed by the parties.
2 the agreement on use in part time shall be drawn up in one by the consumer to choose language of the State in which he resides or of which he is a national, provided that this is an official language of the European Union or of a State which is a party to the agreement on the European economic area.
3 the agreement shall contain at least: (a) the identity and residence of the parties, and b. the date and place of conclusion of the contract.
4 The information referred to in article 50b paragraph 1 forms an integral part of the agreement on use in part time and will not be changed, unless the parties expressly have agreed otherwise or the changes result from unusual and unforeseeable circumstances beyond the control of the trader and the consequences of which he can't avoid it, even if all the concern would be exercised.
5 The changes referred to in the previous paragraph are expressly mentioned in the contract and, before the contract is concluded, shall be communicated to the consumer on a durable medium that is easily accessible for him.
6 In the agreement on use in part time is a separate standard form for dissolution of the agreement in accordance with annex V to the directive.
7 the trader points, before the agreement on use of part-time work is concluded, the consumer explicitly on the existence of the right of rescission of the contract, the time by which this right may be exercised and the prohibition of advance payments during this period. The provisions of the agreement in this regard, be signed separately by the consumer.
8 The agreement referred to in the first paragraph or a copy thereof is the consumer at the conclusion of the agreement.

Article 50 d 1 the consumer can use the agreement on part time without giving any reason terminate during 14 days free of charge starting from: a. the day of the conclusion of the contract or agreement, or b. the day on which the consumer receives a copy of the contract or agreement, as this day is later than the day referred to in subparagraph (a).
2 If the requirements laid down in article 50b (1) are satisfied, the period referred to in the previous paragraph shall be extended by the time elapsed from the date referred to in the previous paragraph, paragraph (a) or (b) until such time as all the missing information provided to the consumer in the prescribed manner, but not more than three months.
3 if in the agreement on use part time, in article 50 c paragraph 6 completed by the dealer, standard form is missing, the period referred to in paragraph 1 shall be extended by the time that has elapsed from the date referred to in paragraph 1, subparagraph (a) or (b) until all missing information provided to the consumer in the prescribed manner but not more than a year.
4 the consumer shall exercise the right referred to in paragraph 1 within the period laid down by a written declaration to this effect, on a durable medium, to transmit to the merchant.

Article 50th 1 In case of dissolution in accordance with article 50 d are the consumer do not give rise to cost, nor is he be held liable for services that can be delivered him for the dissolution.
2 Dissolution in accordance with article 50 d, at no cost to the consumer the dissolution of: a. to the agreement on use in part time linked exchange agreements, b. other ancillary contracts, and (c). an agreement to the effect that the trader, or a third party on the basis of an arrangement between that third party and the trader, to the consumer for the payment of the prize or any part thereof has granted a credit.

Article 50f 1 consumers during the period within which the right referred to in article 50 d paragraph 1 of dissolution, not requested or required to: a. payment in advance;
b. the provision of guarantees;
c. the reservation of money on accounts;
d. ious, or e. payment of any other fee.
2 within the time limit referred to in the previous paragraph shall be construed as unduly paid prepayments made.

Article 50 g


1 On the Convention on a long-term holiday product articles 50a to 50f apply mutatis mutandis, it being understood that the information referred to in article 50b, is provided in accordance with the model set out in annex II to the directive.
2 the price of the Convention on a holiday product of long duration, including any members membership fee, is paid in equal annual instalments. Any other payment is considered unduly.
3 the trader shall send the consumer at least fourteen days before each due date of a payment period in writing, on a durable medium, a request for payment.
4 the consumer can cancel the agreement from the second term of payment without a penalty is by payment within fourteen days of receipt of the request referred to in the previous paragraph, a declaration to this effect to the merchant.

Article 50 h On the Convention of assistance in trading and the exchange agreement, article 50b, paragraphs 1 to 5 and paragraph 7, 50 c, 50 d, 50th (1) and (2), introductory wording and part c and article 50f apply mutatis mutandis, it being understood that: (a). with regard to the Convention of assistance in merchandising: 1 °. the information referred to in article 50b, is provided in accordance with the model set out in annex III to the directive; and 2 °.
Article 50f application finds to the transfer or acquisition took place or the contract otherwise is terminated;
b. with regard to exchange agreement: 1 °. the information referred to in article 50b, is provided in accordance with the model set out in annex IV to the directive; and 2 °. If the contract is offered together with and at the same time as an agreement on use part time, only a single term for dissolution provided for in article 50 d paragraph 1, where the term for both agreements shall be calculated in accordance with paragraph 1 of that article.

Article 50i 1 On the terms mentioned in this title is Regulation (EEC, Euratom) No. (OJ L 124) 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time-limits shall apply mutatis mutandis.
2 of this title may not be derogated from to the detriment of the consumer.
3 Is the law applicable to the contract that of a third country, the right to the consumer protective provisions of this title if the agreement: a. is related to a real estate which is located in a Member State of the European Union or of another State which is a party to the agreement on the European economic area , or b. not directly related to a real estate and the trader his or her trade, business or professional activity carried out in, or this activity with any means to, a Member State of the European Union or of another State which is a party to the agreement on the European economic area, and the agreement under which activity is.
4 this title shall apply to contracts between traders and consumers.

Title 2. Financial collateral arrangements Article 51 In this title, the following definitions shall apply: a. financial collateral arrangement: a financial collateral arrangement or a security financial collateral arrangement to transfer to establishment of a lien;
b. financial collateral arrangement to transfer means a contract under which the goods referred to under (d), (e) or (f) be transferred as security for an obligation;
c. financial collateral arrangement to establishment of a lien means a contract under which a pledge is provided on the goods referred to under (d), (e) or (f);
d. money: on an account or deposit credited credit money;
e. effects: shares and other securities equivalent to shares securities, bonds and other debt instruments if these are negotiable on the capital market, and any other transferable securities dealt with which those usually stocks, bonds or other securities by subscription, purchase or Exchange can be obtained or which may give rise to securities settlement in money to the exclusion of that payment, including units in collective investment undertakings , money market instruments and claims on or rights in relation to one of the aforementioned instruments;
f. credit claim: a monetary claim resulting from an agreement whereby a bank referred to in article 1:1 financial supervision credit provided in the form of a loan with the exception of pecuniary claims where the debtor is a natural person not acting in the course of a profession or business, unless the collateral provider or collateral taker of such credit claim is one of the institutions listed in article 52 paragraph 1 (b);
g. equivalent goods: 1. when it concerns money: the same amount in the same currency;
2. when it concerns securities: securities of the same issuer or debtor, belonging to the same emissions or category, worth of the same nominal amount, denominated in the same currency and other goods of the same type, or if the financiëlezekerheidsoverkomst provides for the transfer after the occurrence of an event relating to or affecting the debtor the effects to which a lien has established;
h. execution: failure or other circumstance under which the collateral taker under a financial collateral arrangement or the law is entitled to sell goods or pledged themselves to appropriate or to use a standard clause;
i. settlement clause: a clause in a financial collateral arrangement or an agreement of which a financial collateral arrangement forms part, or a legal directive, on the basis of which meet the conditions of an execution ground: – the obligations of parties be immediately due and payable, as well as converted into an obligation to pay an amount that represents their estimated current value, or the obligations expire and be replaced by an obligation to pay the above amount , or the obligations of parties be settled and only the balance is due.

Article 52 1 this title shall apply to financial collateral arrangements in which at least one of the parties is: a. a public authority, including: – public sector bodies of the Member States of the European Union or play a role in the management of the public debt and;
– institutions belonging to the public sector of the Member States of the European Union which are authorized to for customer accounts.
(b) a central bank, the European Central bank, the Bank for international settlements, a multilateral development bank, the International Monetary Fund and the European investment bank.
(c) a financial company under financial supervision, including a bank, administrator, investment institution, investment firm, financial institution, life insurer or damage insurer referred to in article 1:1 of the financial supervision.
(d) a central counterparty, a settlement agent or a verrekeningsinstituut as referred to in article 212a, part (c), (d) and (e) of the Bankruptcy Act, including under the national law of the Member States of the European Union falling regulated institutions active in the markets for rights to transfer in term of property, options and derivatives, and a person other than a natural person acting as trustee or in a representative capacity on behalf of one or more persons including any bondholders or holders of other forms of securitised debt or any institution as defined in part a, b, c or this section.
2 this title shall not apply where one of the parties to a financial collateral arrangement is a natural person not acting in the exercise of a profession or business.

Article 53 1 At a financial collateral arrangement to establishment of a lien can be stipulated that the collateral taker can use or sell the pledged goods and retain the proceeds.
2 exercise of the right to use or sale automatically with an obligation of the collateral taker to transfer equivalent goods to the collateral giver, not later than the time at which must be met to the claim for which the pledged as security. The collateral taker get a lien on it got. This right shall be deemed to have been obtained at the time that the financial collateral arrangement was closed.
3 for the claim in the second paragraph of the collateral giver to transfer equivalent goods has a privilege on the at present apply the collateral taker and effects.
4 by way of derogation from paragraph 2 in the financial collateral arrangement can be made for the collateral taker the claim for which the pledged as security ranges will deduct the value of the equivalent goods, at the time when the claim must be fulfilled or if an execution ground.
5 this article shall not apply if the financial collateral arrangement is pledging a credit claim within the meaning of article 51 (f).

Article 54 1 unless otherwise is stipulated in a financial collateral arrangement to the preparations of the establishment of a lien, the collateral taker, when the conditions of an execution ground is met, responsible:

a. securities for which the property right to sell and the amount due on the proceeds to him stories to usurp these effects are and respectively the value of the securities to offset the amount due him;
b. money which the property right to offset the amounts due him;
c. the credit claim which the property right to transfer and the proceeds to offset the amount due him.
2 The sale of securities is made at a market by an intermediary in the box, or in the market by those of a competent person in accordance with the rules and practices between produced there for a regular sales.
3 the collateral taker may be appropriate if this effects in the financial collateral arrangement to the preparations of the establishment of a pledge is agreed and the valuation of securities is based on the value on a market or in the market.
4 by way of derogation from paragraphs 2 and 3 may in a financial collateral arrangement are stipulated that the interim relief judge of the District Court at the request of the collateral taker or the collateral giver may provide that effects are sold on a different way, or that the injunction at the request of the collateral taker may provide that effects for an amount to be determined by the interim relief judge by way of appropriation of the collateral taker.
5 articles 235, 248 (1) and (2) 249, 250, 251 and 252 of book 3 shall not apply.

Article 55 a transfer in fulfilment of a financial collateral arrangement to transfer is not a transfer by way of security or a transfer that the scope is missing it right after the transfer in the ability of the purchaser to do fall within the meaning of article 84 paragraph 3 of book 3. The rules on property right in such a agreement and their implementation shall not apply or shall apply mutatis mutandis.

Article 56 [expired per 01-05-2008] Title 2a. Consumer credit agreements section 1. General provisions article 57 1 In this title: (a) consumer: a natural person who is acting for purposes which are outside his trade, business or profession;
b. lender: a natural or legal person who in the course of his trade, business or profession;
c. credit agreement ' means an agreement whereby a creditor grants or promises to grant to a consumer credit in the form of a deferred payment, loan or other similar financial accommodation, with the exception of contracts for continuous service and continuous supply of the same goods or services, where the consumer, as long as the goods are delivered, the cost thereof in installments;
d. overdraft facility: an explicit credit agreement whereby a creditor a consumer the opportunity amounts that the available funds on the behalf of the consumer;
e. crossing: a tacitly accepted overdraft whereby a creditor a consumer the opportunity amounts that the available funds or the agreed overdraft facility on the behalf of the consumer;
f. credit intermediary: a natural or legal person who is not acting as a creditor and who, in the course of his trade, business or profession, for a fee in the form of money or any other agreed financial reward: 1 °. proposes or credit agreements to consumers;
2 °. assists in the preparation of consumer arrange credit agreements other than referred to in 1 ° or 3 °. on behalf of the lender with consumer credit agreements;
g. total cost of the credit to the consumer "means all the costs, including interest, commissions, taxes and fees of any kind, which the consumer has to pay in connection with the credit agreement and which are known to the creditor, except for notary fees;
h. total amount payable by the consumer: the sum of the total amount of credit and the total cost of the credit to the consumer;
i. annual percentage rate of charge: the total cost of the credit to the consumer expressed as an annual percentage of the total amount of credit, if applicable plus the costs referred to in paragraph 3;
j. borrowing rate: the interest rate, expressed on an annual basis and applied in a fixed or variable percentage;
k. fixed borrowing rate: a by the creditor and the consumer, for the entire duration of the credit agreement agreed some borrowing rate or different by the creditor and the consumer benefit terms a fixed specific percentage agreed borrowing rates for which only is used;
l.
total credit amount: the ceiling or the sum of all amounts that are made available under a credit agreement;
m. sustainable carrier means any instrument which enables the consumer to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
n. linked credit agreement: a credit agreement where: 1 °. the credit serves exclusively to finance an agreement for the supply of a particular good or the provision of a particular service, and 2 °. those two agreements form from an objective point of view, a commercial unit;
o. effects credit agreement means an agreement whereby: 1 °. against collateral of a securities portfolio a revolving credit is granted or promised, alleging that the consumer at different times can record sums of money to the lender, in so far as the outstanding balance does not exceed a certain credit limit;
2 °. can provide the consumer with the credit transactions in financial instruments, and 3 °. the lender is involved in those transactions;
p. securities portfolio: a package of financial instruments held by the consumer;
q. financial instrument: a financial instrument as referred to in article 1:1 of the financial supervision;
r. coverage: a by the lender determined percentage of the value of the pledged securities portfolio or of their individual financial instruments on the basis of which the lender determines the credit limit;
s. spreidingseis: a requirement by the lender in respect of the composition of the securities portfolio;
t. directive: Directive 74/60/EEC. 2008/48/EC of the European Parliament and of the Council of the European Union of 23 april 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ EU L 133).
2 the total cost of the credit to the consumer, referred to in paragraph 1, part g, also include the costs associated with ancillary services relating to the credit agreement, in particular insurance premiums, if the conclusion of a contract of service is required the credit, as the case may be, to obtain the advertised conditions.
3 for the purposes of paragraph 1, part i, are the costs of the management of an account to which transactions and drawdowns are booked, the charges for using a means of payment that allows transactions and drawdowns may be carried out, and the other costs for payment transactions in the total cost of the credit to the consumer, unless the opening of the account is optional and the cost for the account clear and separate in the credit agreement or a other agreement concluded with the consumer.
4 if not all borrowing rates are specified in the credit agreement, is only a fixed borrowing rate referred to in paragraph 1, part k, for which terms for which at the conclusion of the credit agreement, the borrowing rates are agreed and that solely on the basis of a fixed specific percentage.
5 A commercial unit referred to in paragraph 1, part n shall be deemed to exist: a. If the to the agreement for the supply of a particular good or the provision of a particular service supplier or service provider himself finances the credit consumer, or b. in the case of funding by a third party, if: 1 °. the lender in the planning or conclusion of the credit agreement use the services of the to the agreement for the supply of a particular good or the provision of a particular service supplier or service provider concerned, or 2 °. the good or the service covered by the agreement for the supply of a particular good or provide a defined service sees expressly stated in the credit agreement.

Article 58 1 this title shall apply to credit agreements.
2 this title shall not apply to: a. credit agreements guaranteed by a mortgage or by another comparable security on a registered property or by a right related to registry well against for mortgage financing by the relevant lender customary conditions;
b. credit agreements for the purpose of acquiring or retaining property rights on land or in an existing or projected building;
c. rental or lease agreements, unless:

1 °. they have an obligation to purchase the object of the agreement or such an obligation by a separate agreement has been added, including it is also understood that the purchase is decided unilaterally by the creditor, or 2 °. (2) under article 7A: 1576h should be considered as hire purchase;
d. credit agreements in the form of an overdraft facility within a month should be relieved;
e. credit agreements without interest and other expenses, and credit agreements where the credit is to be repaid within three months and only insignificant charges;
(f) credit agreements where the credit by an employer as a side activity free of interest or at annual percentage rate that is lower than usual on the market, to its employees is granted, and not to the general public;
g. credit agreements which are the outcome of a settlement before a court or other statutory authority;
h. credit agreements which provide for deferred payment, free of charge, of an existing debt;
i. credit agreements at the close of which the consumer is required to at the lender a good secured bail, and where the liability of the consumer is strictly limited to this in pledged property, and j. credit agreements on loans that under any legal provision contained with an objective of general interest to be granted a limited audience at a lower than usual on the market interest rate or free of interest, or under other conditions that are more favourable to the consumer than the usual conditions on the market and at interest rates that do not exceed the usual on the market.
3 On the credit agreement where the credit in the form of an overdraft facility is granted and, on request, or within a period of three months should be refunded, only the articles 57, 58, 61 members 1, 5 and 6, 63, 67, 69 and articles 71 to 73 shall apply. Articles 59 and 60 shall apply only in so far as the lender its obligations under the articles 4 paragraph 2 items (a) to (c) and 6 of the directive on the advertising and pre-contractual information standard information.
4 to credit agreements in the form of overrunning, only the articles 57, 58, 70 and 73 apply.

Section 2. Provision of information and actions prior to the conclusion of the credit agreement Article 59 1 a lender that in advertising concerning credit agreements, contracts for securities not including credit, article 4 of the directive on the standard information in advertising, carried out an unfair commercial practice referred to in article 193b of book 6.
2 a lender conducts an unfair commercial practice as referred to in article 193b of book 6, if he in the advertising of contracts for securities credit: a. not listed that are granted or promised a revolving credit against collateral of a securities portfolio, and the credit limit depends on the value thereof, or (b). Article 4 (1), (2) part a, 3 or 4 of the directive on in advertising concerning credit agreements standard information.

Article 60 1 the creditor or, where applicable, the credit intermediary, the consumer for some time before it is bound by a credit agreement or offer, the offences referred to in articles 5 and 6 of the directive prescribed pre-contractual information, on the conditions laid down in those articles.
2 the creditor or, where applicable, the credit intermediary, the consumer for some time before it by an agreement or an offer for securities credit is bound, the prescribed in article 6 of the directive pre-contractual information, except for the information referred to in paragraph 1, parts c, d, f, h and k of that article, in the manner prescribed in that article. In doing so, shall notify the creditor or, where applicable, the credit intermediary, the consumer also: a. that a revolving credit is granted or undertaken against collateral of a securities portfolio and that the credit limit is dependent on a certain percentage of opacity and, where applicable, certain distribution requirements;
b. what percentage of opacity and which scatter requirements with regard to of the pledged securities portfolio, and c. in the event that the lender uses for different types of financial instruments other coverage percentages, by type of financial instrument, that coverage is applicable to them.
(3) if the creditor or, where applicable, the credit intermediary, fails to comply with paragraph 1 or 2, they shall carry out an unfair commercial practice as referred to in article 193b of book 6.

Section 3. Information and rights concerning credit agreements Article 61 1 the credit agreement is on paper or on another durable medium. The creditor shall provide the consumer with a copy of the credit agreement and also retains a copy.
2 In the credit agreement are listed in a clear and concise manner: a. the type of credit;
b. the identity and geographical address of the agreement parties and, where appropriate, the identity and geographical address of the credit intermediary involved;
c. the duration of the credit agreement;
(d) the total amount of credit and the conditions for borrowing;
e. in the case of a credit in the form of deferred payment for a good or service, or of a linked credit agreement, the goods or services for the financing of which the credit ranges and its cash price;
f. the borrowing rate, the conditions governing the application of this rate and where available, any index or reference rate applicable to the initial borrowing rate, as well as the periods, conditions and procedures for amendment;
g. If depending on the different circumstances in different borrowing rates are applied, the part (f) information relating to any applicable interest rates;
h the annual percentage rate of charge and the total amount payable by the consumer, calculated at the conclusion of the credit agreement, as well as all assumptions used in the calculation of this percentage;
i. the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments to be allocated different outstanding balances at different borrowing rates for the purpose of redemption;
j. in case of redemption of the capital of a credit contract with fixed term, the consumer's right to free and on request at any time during the course of the credit agreement an overview of the account in the form of an amortisation table;
k. If costs and interest be paid without paying off the capital, an overview of the terms and conditions for the payment of the interest periodically and non-regular and associated costs;
l. any charges for maintaining one or more accounts for the booking of transactions and drawdowns, unless the opening of an account is optional, together with the charges for using a means of payment for transactions and drawdowns, other costs resulting from the credit agreement and any conditions under which those charges may be changed;
m. at the time of the conclusion of the credit agreement interest rate applicable in the event of late payment thereof and the modified terms and, where applicable, charges payable for default;
n. a warning regarding the consequences of non-payment;
o. that, where appropriate, notary fees will be charged;
p. the sureties and insurance required;
q. the existence or absence of a right referred to in article 66 of termination of the credit agreement and the term for the exercise thereof, as well as other operating conditions, such as information about the obligation for the consumer to included in accordance with article 66, paragraph 3 the capital and the interest to pay and the amount of the accrued interest per day;
r. information on the rights arising from article 67 and the procedures for the exercise thereof;
s. the right referred to in article 68 on early repayment, the procedure to be followed for this purpose and, where appropriate, information on the right of the creditor to compensation and the way in which that fee is laid down;
t. the procedure for the exercise of the right referred to in article 65 of termination of the credit agreement;
you. or for the consumer out-of-court complaint and redress procedures be open and, if this is the case, how he can initiate those procedures;
v. where applicable, other contractual terms and conditions, and w. where appropriate, the name and address of the competent supervisory authority.

3 the amortisation table referred to in paragraph 2, part j, the amounts to be paid and the payment terms and conditions. In the amortisation table is broken down into each instalment redeemed capital, on the basis of the borrowing rate calculated interest and, where appropriate, additional costs. If, under the credit agreement the interest rate is not fixed or the additional costs may be amended, in the amortisation table in a clear and concise manner stated that the data of the table only apply to the change in the borrowing rate or the additional costs, in accordance with the credit agreement.
4 In case of application of paragraphs 2, 3 and part j, the creditor shall inform, free and at any time during the duration of the credit agreement, an overview of the account in the form of an amortisation table available to the consumer.
5 The information to be provided pursuant to paragraphs 2 and 3 with a credit agreement under which payments made by the consumer not to an immediate corresponding amortisation of the total amount of credit, but are used for capital formation during the time limits and under the conditions laid down in the credit agreement or in an ancillary agreement, contains a clear and concise statement that such credit agreements do not provide a guarantee for repayment of the total amount of credit drawn down under the credit agreement unless that guarantee is given.
6 by credit agreements in the form of an overdraft facility be granted in accordance with article 58 (3), are mentioned in a clear and concise manner: a. the type of credit;
(b) the identity and the geographical address of the Contracting Parties and, where appropriate, the identity and geographical address of the credit intermediary involved;
c. the duration of the credit agreement;
(d) the total amount of credit and the conditions for borrowing;
(e) the borrowing rate, the conditions governing the application of that rate and, where available, any index or reference rate applicable to the initial borrowing rate, as well as the terms, the conditions and procedure for changing the borrowing rate;
f. If depending on the different circumstances in different borrowing rates are applied, the part (e) information relating to any applicable interest rates;
g. where appropriate, the indication that the consumer may be asked at any time the amount of credit in full;
h. the procedure for the exercise of the right referred to in article 66 of termination of the credit agreement, and i. information about the costs payable from the conclusion of the agreement, as well as, where applicable, the conditions under which those charges may be amended.
7 In contracts for securities credit are listed in a clear and concise manner: a. that the credit can be used to finance transactions in financial instruments;
(b) the identity and the geographical address of the Contracting Parties and, where appropriate, the identity and geographical address of the credit intermediary involved;
c. how the consumer can obtain up-to-date information about the cover percentages and if applicable, the xy (scatter) requirements, which the lender uses in determining the credit limit and the conditions under which the lender can change this;
d. the conditions for borrowing;
(e) the borrowing rate, the conditions governing the application of that rate and, where available, any index or reference rate applicable to the initial borrowing rate, as well as the terms, the conditions and procedure for changing the borrowing rate;
f. If depending on the different circumstances in different borrowing rates are applied, the part (e) information relating to any applicable interest rates;
g. information regarding the non-existence of it in articles 66 and 67 paragraph 1 paragraph 1 right of termination of the credit agreement;
h. information about the costs payable from the conclusion of the agreement, as well as, where applicable, the conditions under which those charges may be amended;
i. a warning regarding the consequences of non-payment;
j. the sureties;
k. the procedure for the exercise of the right referred to in article 65 of termination of the credit agreement;
l. or for the consumer out-of-court complaint and redress procedures be open and, if this is the case, how he can initiate those procedures, and m. in common case, the name and address of the competent supervisory authority.

Article 62 1 where appropriate, the consumer on paper or on another durable medium informed of a change in the borrowing rate for the change to take effect. In doing so, the amount of the after the entry into force of the new borrowing rate payments to be made mentioned as well as details of any change in the number or frequency of payments.
2 the parties can, however, agree in the credit agreement that the information referred to in paragraph 1, periodically to the consumer if the change in the borrowing rate is the result of a change in a reference rate and the public through appropriate means the new reference rate and the information concerning the new reference rate is also available on the premises of the creditor.

Article 63 1 with a credit agreement in the form of an overdraft facility as referred to in article 58 paragraph 3 the consumer regularly through an account statement on paper or on another durable medium informed of the following information: a. the period to which the statement of account relates;
(b) the amounts and the date of incorporation;
c. the balance and the date of the previous statement;
d. the new balance;
e. the date and amount of the payments made by the consumer;
(f) the borrowing rate applied;
g. any applied cost, and h. where applicable, the minimum amount.
2 the consumer, before the change takes effect, on paper or on another durable medium informed of increases in the borrowing rate or the cost.
3 the parties may agree in the credit agreement that information about changes in the borrowing rate by means of the statement of account referred to in paragraph 1, must be provided, if the change in the borrowing rate is the result of a change in a reference rate and the public through appropriate means the new reference rate and the information concerning the new reference rate is also available on the premises of the creditor.

Article 64 In contracts for securities credit makes the lender notification of changes in the cover percentages and the xy (scatter) requirements on the day that the amendment concerned, pursuant to article 61, paragraph 7 on the part c, agreed manner.

Article 65 1 consumers can take out a credit agreement at any time, free of charge, with no specified maturity date. If the parties have agreed on a period of notice, this term should not be longer than one month.
2 the lender can, if this is agreed in the credit agreement, a credit agreement with the consumer end indefinite subject to a notice period of at least two months to forward a termination on paper or on another durable medium.
3 the lender can, if this is agreed in the credit agreement, for objective reasons, the consumer is entitled to on the basis of a credit agreement with no specified maturity date credit. The creditor shall inform the consumer, on paper or on another durable medium, if possible and at the latest immediately after this deprivation, in advance of this deprivation in knowledge, as well as the grounds for this, unless the provision of such information is prohibited under other Community legislation or is contrary to objectives of public policy or public security.

Article 66 1 the consumer has the right to terminate the credit agreement without giving any reason during 14 calendar days after: a. the day of the conclusion of the credit agreement, or b. the day on which the consumer the contractual conditions and information in accordance with article 61, if that day is later than the day referred to in paragraph (a).
2 the consumer shall exercise the right referred to in paragraph 1, by a notification to this effect within the prescribed period to the lender. The notification is in line with the by the lender pursuant to article 61 (2) part q, provided information and is done in a way that for proof. If the time limit is taken into account, a notification on paper or on another durable medium available to the lender, and to which he has access, is dispatched before the deadline expires.
3 In case of termination of the credit agreement in accordance with paragraph 1 the consumer pay the capital back to the lender with the capital accrued interest from the date on which the credit is provided until the date the capital is repaid. The debit interest payable is calculated on the basis of the agreed borrowing rate. The repayment must without delay and no later than within 30 calendar days after the dispatch of the notification referred to in paragraph 2, take place.

4 paragraph 1 the lender has no right to a consumer than those other compensation due in accordance with paragraph 3, with the exception of the fee for non eligible costs that the lender has paid to a public body.
5 If the creditor or a third party on the basis of a mutual agreement is an ancillary service relating to the credit agreement is carried out, the dissolution of the credit agreement in accordance with paragraph 1, shall be automatically advised that the consumer no longer meets the ancillary service is tied.
6 If the consumer has a right of rescission in accordance with paragraph 1, are other provisions that grant a similar right to dissolution to the consumer, not applicable.
7 paragraph 1 shall not apply to credit contracts for securities.

Article 67 1 if the consumer an agreement for the supply of goods or the provision of a service has dissolved in accordance with article 230o or article 230 x of book 6 of the civil code, in accordance with article 50 d member 1 of book 7 of the civil code, he is not longer bound linked credit agreement.
(2) if under the linked credit agreements are not or only partially delivered goods or do not meet the terms of the agreement for the supply of the goods and the consumer rights in respect thereof towards the supplier has relied upon, but has failed to obtain which he is entitled according to the said agreement, the consumer shall be entitled to assert his rights vis-à-vis the creditor.
(3) if under the linked credit agreements are carried out or not or only partially covered by services do not meet the terms of the agreement for the provision of the services and of the consumer's rights in respect thereof towards the service provider has relied upon, but has failed to obtain which he is entitled according to the said agreement, the consumer shall be entitled to assert his rights vis-à-vis the creditor.
4 paragraph 1 shall not apply to credit contracts for securities.

Article 68 1 the consumer has the right at any time in whole or in part of his obligations under a credit agreement. In this case, is entitled to a reduction of overall credit costs, consisting of the interest and the costs for the remaining duration of the agreement.
2 the lender has in case of early repayment right to obtain an equitable and objectively justified compensation for possible costs directly related, provided that the early repayment falls within a period for which a fixed borrowing rate. The compensation shall not exceed: (a) 0.5% of the amount of credit repaid early., if the period between the early repayment and the agreed end of the credit agreement not exceeding one year;
b. 1% of the amount of credit repaid early, if the period between the early repayment and the agreed end of the credit agreement exceeds one year.
3 by way of derogation from paragraph 2, parts a and b, can the lender credits above € 75 000 consumers in charge a higher fee if it establishes that the loss suffered by the early repayment exceeds the amount determined under paragraph 2. The loss consists of the difference between the initially agreed interest rate and the interest rate at which the lender can provide a loan at the height of the amount repaid early on the market at the time of the early repayment. In the determination of the loss is also takes account of the administrative costs of the early repayment.
4 The fee referred to in paragraphs 2 and 3 shall not exceed the amount of interest the consumer would have paid during the period of time between the early repayment and the agreed end of the credit agreement.
5 the lender can the consumer do not give rise to reimbursement, provided for in paragraph 2 or 3 charging: a. If the early repayment has been made under an insurance contract intended to provide a kredietaflossingsgarantie, or b. when an overdraft facility.

Article 69 1 if the rights which the creditor has, by virtue of the credit agreement or the agreement itself, be transferred to a third party, the consumer may invoke against the assignee all defences which was available to him against the original creditor at the service, including the power to set off.
2 the consumer is informed of the transfer referred to in paragraph 1, except if the original lender, in consultation with the purchaser also manages the credit to the consumer.

Article 70 1 When the lender in an agreement to open a consumer account offers the possibility of a crossing, is also in that agreement in article 6 paragraph 1, part e, referred to information. The lender provided that information in each case on paper or on another durable medium, and at regular intervals.
2 In the event of a significant crossing for more than one month, the creditor informs the consumer, on paper or on another durable medium, to be aware of: a. the crossing;
b. the relevant amount;
c. the borrowing rate, and d. any applicable penalties, charges or interest on arrears.

Section 4. Annual percentage rate of charge Article 71 the annual percentage rate by the lender is calculated in accordance with article 19 of the directive.

Section 5. Creditors and credit intermediaries Article 72 1 if the credit agreement is concluded through the intermediary of a credit intermediary, this in intended for consumers the extent of his power of Attorney documents mentioned and also if he exclusively with one or more creditors or as an independent credit intermediary works.
(2) if the credit intermediary in compliance with article 4:74 of the financial supervision the consumer for its service charge a fee, he makes the amount of the fee to the consumer. The amount of the allowance is for conclusion of the credit agreement agreed between the consumer and the credit intermediary on paper or another durable medium.
3 the credit intermediary is required the fee must be paid by the consumer to him for his services, to the lender in order to be able to calculate the annual percentage rate of charge.
4 If the credit intermediary does not meet in the obligations referred to in paragraphs 1 to 3, is the consumer do not give rise to compensation for his services.

Section 6. Final provisions article 73 1 the provisions in this title can not be derogated from to the detriment of the consumer.
2 the consumer protection under this title may not be denied him, by agreements are formulated, in particular by drawdowns or credit agreements covered by the directive to include in agreements which, by its nature or its purpose, might fall outside its scope.
3 to the consumer, if the credit agreement has a close connection with the territory of one or more Member States of the European Union, the him under the directive, by the law of that State protection not be remember, whatever the law applicable to the credit agreement.

Title 2d. Agreement of property Article 130 1 pawning the agreement of property lending is the agreement in which one party, the property House, to the other party, the belener property, a sum of money available and the property belener on the other hand, a movable property, other than a registered property, in the power of the property House brings with it the obligation: a. either that the property returns the case to the House property belener If the sum of these within the eligible period in full at the building, and each has repaid and property lending fee has fully met, and that the property home owner of the matter is, if full refund of the full payment of the sum of money and property lending fee within the eligible period is not provided;
b. either that the property belener the case immediately to the property, but the property owners home in house is required to return the case to the belener property, if the sum of these within the eligible period in full at the building, and each has repaid and property lending fee has completely met.
2 the present title shall also apply to any agreement, entered into in any form or denomination, to the same effect as an agreement of pawning property referred to in paragraph 1.

Article 131 (a) for the purposes of this title.
property House: a natural or legal person who, in the exercise of his profession or business property lending transactions;
b. eligible term: the agreement of property lending in the agreed time limit within which the property belener the sum made available to repay him and the property lending fee must meet before the property House is obliged to return the case to the property belener;
c. property lending fee: all rewards and fees in any form that the property House in the framework of the agreement of property charge or receive securities lending;
d. month: calendar month or the period between a day of a calendar month and the end of the corresponding day of the next calendar month.

Article 132


This title shall apply only if the belener property is a natural person not acting in the exercise of a profession or business.

Article 133 without prejudice to the provisions of articles 193 c – 193rd of book 6 States the property House, before the belener property is bound to the agreement of property lending, in order to take note of the following information: a. the property lending fee per month expressed as a percentage of the sum of money;
b. the length of the eligible period.

Article 134 1 the agreement of property lending is on paper or on another durable medium. The property provides the home building belener a copy of the agreement of property lending and also retains a copy.
2 In the agreement of pawning property be listed in a clear and concise manner: a. the identity and geographical address of the property and the property belener home and the possibly occurred between person;
b. gave a description of the case;
c. the sum made available to the property belener;
d. the length of the eligible term;
e. the circumstances referred to in article 130 (1) (a) or the circumstances referred to in article 130 (1) (b);
f. the property lending fee per month, expressed as a percentage of the sum of money, and the way in which this allowance is calculated;
g. the total amount that the property belener within the eligible period must pay to right to the return of the thing to have, assuming payment of that amount on the last day of the eligible period and indicating the way in which that amount on previous satisfaction is calculated;
h. the conditions under which and the way in which the eligible period may be extended;
i. the right of the property belener on immediate issue referred to in article 135 (2);
j. further conditions applicable to the contract.

Article 135 1 The eligible period is at least two months.
2 during the eligible period and, in the case of renewal, during the extended period, the property belener eligible at all times entitled to immediate reimbursement of the issuing, case against the posted amount of money and satisfaction of the property lending fee.

Article 136 if the agreement of property securities lending the clause referred to in article 130 (1) (b) is made, full refund of the full payment of the sum of money and property lending fee means that the property belener ownership of the case legally obtains the matter again, as if the transfer to the property House under the Resolutive condition of this repayment.

Article 137 The property lending fee is calculated in the form of a monthly interest of not more than a set percentage of the order in Council referred to in article 130 sum of money.

Article 138 On an agreement of pawning property referred to in article 130, paragraph 1, introductory words and point (a) are the rules on pledge of movable property apply subject to articles 233, 234, 235, 237, 241, 242, 243, 244, 248, 249 paragraph 2, 250, 251, 252, 253, 254 and 256 of book 3.

Article 139 if the belener property is not within the time limit the amount of money fully refunded and the eligible property lending fee fully meets, wears the property House the loss that he compared to the sum referred to in article 130 (1) with property lending fee.

Article 140 of this title may not be derogated from to the detriment of the property belener.

Title 3. Article 175 1 donation is the donation agreement to not, that one party at the expense of own funds, the donor, the other party, the donee, enriched.
2 until a certain person donation offer is valid if adopted, when there's this after I have read it does not immediately rejected it.

386/90, article 176 the schenker facts set from which follows that the donation by abuse of circumstances came about, rest at a job on the burden of proof to the contrary voidability on the donee, unless the donation a notarial deed is formatted or this Division of the burden of proof in the given circumstances contravenes the requirements of reasonableness and fairness.

Article 177 1 as far as a donation application that they only after the death of the donor will be carried out, and not already over the life of the donor is performed, they expire with the death of the donor, unless the donation by the donor and donation personally has entered into a notarial deed is laid out. As far as the donation covers clothes, lijfstoebehoren, certain personal adornment, the household effects belonging to certain business and certain books, can be sufficient by the giver entirely handwritten, dated and signed deed under private seal.
2 If a jurisdiction is agreed to cancel a donation agreement as referred to in paragraph 1, except for this withdrawal to the donee statement also targeted at a disposition of property by the donor to the donee without notice.

Article 178 1 A donation is voidable, if it is done during an illness of the donor or to a practitioner in the field of individual health care which assist him, either to a spiritual counselor who assists him during the disease.
2 Also voidable if it is a donation during a stay of the donor in a for the care or nursing care of elderly or mentally impaired persons is done setting intended to the person who operates or who the institution in charge or in it.
3. Article 62 of Book 4 paragraphs 2 and 3 shall apply mutatis mutandis.
4 the power to destruction pursuant to paragraphs 1 and 2 shall become statute-barred three years after the disease referred to in paragraph 1, referred to in paragraph 2 at respectively, is terminated.
5 after the death of the donor, the destruction of the donation on the basis of paragraphs 1 or 2 Commission take place by any person who suffers detriment by the donation. The destruction shall be applied only in so far as it is necessary to lift the disadvantage of the one who is on the destruction of land claims. A legal claim for annulment pursuant to the first sentence shall become statute-barred on a with analogous application of article 54 of Book 4 date, and in any case three years after the disease referred to in paragraph 1, referred to in paragraph 2 at respectively, is terminated.

Article 179 1 an offer to donation that the provider at the time of his death could still revoked, comes, by way of derogation from article 222 of book 6, through his death, unless an agreement or from the range itself contrary results.
2 Is the offer by way of uitloving for a certain time, then it comes by the death of the provider within that time, if at the time of the death an important reason of withdrawal referred to in article 220 (1) of book 6 existed or the death itself such a reason; in that case, article 220 paragraph 2 of book 6 shall apply mutatis mutandis.

Article 180 On donations under a Resolutive condition and a donation under specific condition precedent, articles 140 and 141 of Book 4 of paragraph 1 shall apply mutatis mutandis.

Article 181 1 an offer to donation that by the death of the provider doesn't void, cannot be accepted by someone who at the time of death of the provider did not exist.
2 paragraph 1 shall not apply: a. If the donor has determined that what he donates to a descendant of his father or mother, upon the death of that descendant or at an earlier time will accrue to its then existing descendants staaksgewijze;
b. If the donor has determined that what he to someone donates, upon the death of the donee or at an earlier time will accrue to a descendant of a parent of the donor, and also that if that descendant that time does not survive, his staaksgewijze in his place will come into force then existing descendants;
c. If the donor has determined that what the donee of the geschonkene him at his death or at an earlier time will have left undigested, then shall accrue to a then existing blood relative of the donor in the hereditary degree.

Article 182 1 At an offer to donation that is done in writing, may provide for the geschonkene under rule will stand.
2 the reign have the same effect as a disposition of property set to reign, except that (a) the time limits referred to in paragraphs 1 and 2, Articles 178 179 180 paragraph 2 and paragraph 2 of Book 4, beginning on the date on which the donation is performed, and b. the reign, as far as not in the interests of a person other than the donee is set , also ends when the donor and the donee a joint decision to waive in writing of the administrator.

Article 183 1 A schenker is for defects in the law or for actual defects only liable, when he has not given up even though they were known to him, and the donee not these defects on the occasion of the delivery of the donated had been able to discover.
2 this liability extends, except in the case of fraud, not out to damage sustained in the case of the donated well itself.

Article 184 1 In the following cases a donation, regardless of whether it is already carried out, voidable:

a. If the donee is in default with the payment of an obligation imposed on it by the donation, of which neither the giver nor to claim a third performance;
b. If the donee intentionally a crime vis-à-vis the giver or his close relations;
c. If a donee that are legally or under agreement is required to contribute to maintenance of the donor, this obligation is in default.
2 In paragraph 1 (b), is meant by crime: attempting, preparation of and participation in a crime.

Article 185 1 actions for destruction of the donation on the basis of article 184 shall be barred after expiry of one year from the date on which the fact that ground to destruction, has come to the attention of the donor.
2 after the death of the donor can donation contract as a result of the destruction of the previous article shall take place only by a court decision and, in the cases referred to in article 184, paragraph 1, (b) and (c) only if the fact that ground to destruction, caused the death of the donor.

Article 186 1 the provisions of this title shall apply mutatis mutandis to other gifts than donations, as far as the scope of the provisions in question as to the nature of the Act are not resistance.
2 as a gift is deemed to be any action that matter is that doing the transaction, another at the expense of equity. As long as the person to whose enrichment the Act extends, the performance did not receive nor be entitled thereto, acts referred to in the first sentence is not considered as a gift.

Article 187 1 held in connection with the gift the donee Is a consideration, then Article 186 (1) except to the extent specifically prohibited by article 182, apply, and apply the following two paragraphs.
2 In the case referred to in article 177 (1) void the gift, but she is not voidable. The destruction works back to the death of the person making the donation. The power to destruction shall lapse if the donee undertakes timely additional performance, which the Act that resembles her in article 186 paragraph 2 takes away. In addition, the Court may on desire of an heir or of the donee, in place of the destruction to speak out, to this end, the consequences of the Act.
3 ls the gift voidable under article 178, then Article 54 of book 3 shall apply mutatis mutandis.
4 acts partly as gift, partly as a natural to regard compliance with commitment, the previous paragraphs shall apply mutatis mutandis.

Article 188 1 the designation of a beneficiary in a sums of insurance is, when it has been accepted or may be accepted, classified as a gift, unless it is done in the discharge of an obligation other than one from donation. Articles 177, 179, 181, 182 en187 are on these gifts do not apply.
2 If value of a gift is the insurance value by favouring a sums of its rights to benefits. If the favoring only partly as a gift, the value of the gift is deemed to be a proportional share of the value of its rights to benefits.
3 the amount that the insurer by virtue of the law or an agreement with the policyholder on the distribution, comes in the first place on the value of the gift be deducted.

Title 4. Rent section 1. General provisions article 201 1 rent is the agreement in which one party, the lessor, undertakes to the other party, the lessee, in a case or a portion thereof to provide and use the tenant commits to a consideration.
2 Rent can also on property rights relate. In that case, the provisions of this section and sections 2-4 shall apply, as far as the scope of those provisions or the nature of the right are not resistance.
3 the lease-agreement is not as rent.

Article 202 if the tenant is entitled to the fruits of the case, this right applies as a pleasure right as referred to in article 17 of book 5. The tenant obtains this right of the day of the beginning of tenancy, with the understanding that civil fruits are calculated from day to day.

Section 2. Obligations of the lessor Article 203 the landlord is required to set the case available to the tenant and make it as far as that is necessary for the agreed use.

Article 204 1 the landlord has with respect to defects of the case the obligations provided for in this section.
2 a defect is a State or property of the case or another not attributable to the tenant, making the case to the tenant does not provide that a tenant can enjoy when entering into the agreement would expect from a well maintained thing of the kind as to which the contract relates.
3 an actual disorder by third parties without claim of right referred to in article 211 and an assertion of right without actual disorder are no defects within the meaning of paragraph 2.

Article 205 The rights arising from this section of the tenant to come this far, without prejudice to any other rights and claims.

Article 206 1 the landlord is required on desire of the tenant to remedy defects, unless this is impossible or requires expenditure which, in the circumstances, is not reasonably of the lessor are.
2 this obligation shall not apply in respect of the small repairs to the tenant pursuant to article 217 of which is mandatory, and with regard to faults for which the tenant is liable to the landlord.
3 the lessor in the correction in default, then the tenant can carry out this remedy and costs incurred, insofar as such costs were reasonable, the landlord, if so desired by these stories to reduce the rent price. This may not be derogated from to the detriment of the lessee.

Article 207 1 the tenant may in case of reduction of rent pleasure as a result of a lack of a proportional reduction of the rent progressing of the day he has given notice of the defect to the landlord or to which it was already sufficiently known to lack measures, up to the date on which the defect has been fixed.
2 the tenant has no right to rent reduction in respect of defects which he is required to remedy under article 217, or for which he is liable to the landlord.

Article 208 without prejudice to the consequences for non-compliance with the requirement of article 206 is the lessor for compensation for the damage caused by a lack of mandatory, if the defect after the agreement has been created and is attributable to him, as well as if the defect was present when entering into the agreement and the landlord knew or had to know when the , or when to the tenant has indicated that the case had not the defect.

Article 209 of articles 206, 207 and 208, paragraphs 1 and 2 may not be derogated from to the detriment of the tenant as far as defects that the landlord when entering into the agreement knew or had to know belong.

Article 210 1 if a defect that the landlord is not required to remedy under article 206, the pleasure that the tenant is entitled to expect, completely impossible, is both the tenant and the lessor shall be entitled to use the rent on the base of article 267 of book 6.
2 an obligation of one of the parties, for damages in respect of a defect shall extend to by the end of the rent damage caused pursuant to paragraph 1.

Article 211 1 When against the tenant eviction proceedings are initiated by a third party to or for the grant of a law with which the case to which the lease relates, pursuant to that agreement had not been charged, is the landlord by the tenant after notice thereof held in the proceedings to come in order to defend the interests of the tenant.
2 the landlord should to the tenant reimburse all costs incurred by this claim, however, does not immediately if the notification has been made, only the costs incurred after the notification.
3 when the subtenant an advancement on the ondergehuurde is set by the head landlord, the preceding paragraphs shall apply mutatis mutandis to the tenant. For the purposes of article 2.9.5 of the code of civil procedure, this claim shall be assimilated to an action for eviction.

Section 3. The obligations of the tenant the tenant Article 212 is mandatory the consideration in the agreed manner and times.

Article 213 the renter is obliged as regards the use of the leased thing to behave as a good tenant.

Article 214 the tenant is only entitled to the use of the matter that has been agreed upon, and, if otherwise agreed, to the purposes for which the case to its nature.

Article 215 1 the renter is not authorized the establishment or flesh of the leased property to change than in whole or in part upon written consent of the lessor, unless it comes to changes and additions which at the end of the rental without significant cost can be undone and removed.

2 If the rental of living space, the landlord within eight weeks the consent in any case, if the proposed changes do not harm, the rental of the rented or not create a value decrease of the leased property.
3 If the lessor does not grant the permission, the tenant can claim that the courts will authorize him applying the changes. If the lessor is not also the owner, usufructuary or lease holder of the matter is, the landlord shall ensure that also the owner, usufructuary or timely lease holder in question is called. If there is a mortgage on the matter rest, also this obligation with regard to the mortgage holder.
4 the right designates the claim in any case, if the lessor pursuant to paragraph 2 had to give permission. In other cases, he points the claim only if the changes are necessary for the efficient use of the leased property by the tenant or the living pleasure and no ponderous objections on the part of the lessor opposed the application thereof.
5 the Court may connect to the authorisation, conditions or a burden; He can raise the rent upon application of the landlord, if the changes.
6 of the preceding paragraphs cannot be derogated from to the detriment of the tenant unless the exterior of rented housing.

Article 216 1 the renter is authorised by him to the clearance made changes and additions, which the leased property in the State, which at the end of the rent reasonably in accordance with the original can be considered.
2 the tenant is not required to undo unauthorized changes and additions, without prejudice to the power of the Court to put him on the foot of article 215 (5) the obligation to do so, before the eviction of the leased property.
3 the tenant may in respect of lawful changes and additions that after the end of the lease not be undone, recover compensation in so far as article 212 of book 6.

Article 217 the hirer is required to carry out the small repairs on his expense only if it is necessary due to the failure of the landlord in the fulfilment of his obligation to the correction of defects.

Article 218 1 the renter is liable for damages to the rented case which is caused by him falling short of the attributable to fulfil an obligation from the lease.
2 all damage is suspected to have been incurred thereby, subject to fire damage and, in the case of booking a built immovable property or part thereof, damage to the outside of the leased property.
Article 224 (3) without prejudice to paragraph 2, the tenant had received the suspect rented intact.

Article 219 the tenant is liable to the lessor for own behaviors in the same way as liable for the behaviour of those who find the rented with its well or find itself with its good on it.

Article 220 1 If during the rental time urgent work on the leased property shall be carried out or the landlord pursuant to article 56 of book 5 something has to allow for a neighboring yard, the tenant must give the opportunity, without prejudice to its claims to reduction of the rent, on dissolution of the rental agreement and to compensation.
2 paragraph 1 shall apply mutatis mutandis where the landlord with continuation of the lease want to move up renovation of built immovable property to which the agreement relates, and to that end to the tenant a, having regard to the interest of the landlord and the interests of the tenant and any subtenants, reasonable proposal. Such a proposal shall be made in writing. Under renovation is both demolition with replacement new construction and partial replacement by change or addition.
3 If the renovation ten or more dwellings or business premises that an architectural unit, are concerned, the proposal referred to in paragraph 2 to be reasonably suspect, when 70% or more of the tenants agreed to. The tenant who has agreed with the proposal, within eight weeks after the written notice by the landlord to him that 70% or more of the tenants with the proposal has accepted a claim the judge's decision on the reasonableness of the proposal.
4 the preceding paragraphs shall not affect the responsibility of the landlord to terminate the lease on the ground that he urgently needs for renovation, the case as far as this can be put under the legal grounds of notice applicable to a built real estate as the rental contract.
5 If relocation is necessary in connection with the proposed renovation, referred to in paragraph 2, third sentence, of living space as referred to in article 233 carries the landlord the costs that the move for the tenant.
6 the minimum contribution to the move-and the costs for the tenants of independent houses as referred to in article 234, and caravans and pitches as referred to in articles 235 and 236, is a ministerial order of the Minister for housing, communities and integration and will be amended before 1 March each year as far as the consumer price index. The amount referred to in the first sentence is rounded to whole euros.
7 the landlord can any by the municipality to provide to the tenant contributions or fees for moving expenses or deduct the amount of the contribution referred to in paragraph 6.

Article 221 the tenant is responsible the leased property in whole or in part, to another use unless he had to assume the landlord against the right to use that other reasonable objections will have.

Article 222 if the tenant defaults to the case discovered or disturb him in his pleasure or third parties any right on the case claim, he shall immediately inform the landlord announced, failing which he is required to the landlord to compensate the damages caused by the negligence.

Article 223 the tenant of a property or part of it is, if the landlord to hire after ongoing hiring or to sales calls, required to allow the usual notifications to the case of the for rent or for sale are to be made, and to interested parties an opportunity to present to viewing.

Article 224 1 the renter is obliged the leased property at the end of the rental again available to the landlord.
2 If between the tenant and landlord is formatted, a description of the rented, the tenant is obliged to deliver in the same condition in which this case according to the description is accepted, with the exception of lawful changes and additions and what old age is gone destroyed or damaged. If no description is formatted, the tenant, the absence of proof to the contrary, assumed the leased property in the State to have received as at the end of the lease.

Article 225, the tenant after the end of the rental the rented illegal among themselves, then the landlord about the time the leased property is missing, recover a fee equal to the rent, without prejudice, if its damage over this fee amounts, are entitled to this multiple.

Section 4. The transition from the rental of the rented Affairs and transfer at the end of the rent Article 226 1 Transfer of the case to which the lease relates and establishment or transfer of the independent right of usufruct, lease or vicious on the case to which the lease relates, by the landlord do the rights and obligations of the lessor from the rental agreement , who then pass on the purchaser, are due and payable.
2 Transfer by a creditor of the landlord is with transfer by the lessor assimilated.
3 the purchaser shall only be bound by those terms of the lease, which immediately related to the do have the use of the case against a tenant to pay compensation.
4 when booking a property or a portion thereof as well as built a trailer within the meaning of article 235 and a rank within the meaning of article 236, cannot be made to the preceding paragraphs.

Article 227 In case of establishment or transfer of a limited right to the leased thing which does not fall under article 226 paragraph 1 is understood, the entitled towards the tenant is obliged to refrain from an exercise of that right, that the use by the tenant.

Article 228 1 entered into a rental for some time, ends, without the need for a termination is required, when that time has elapsed.
2 a lease entered into or renewed indefinitely for an indefinite period shall expire upon termination. The rent covers a property which is neither housing nor business space, the denunciation be made at an agreed day on rental payment for a period of at least a month.

Article 229 1 the death of the tenant or the landlord the rent does not end.
(2) if the heirs of the tenant does not have the power to give the case to another in use, they can, are respectively spouse or registered partner in case his legacy in accordance with article 13 of Book 4 is distributed, for six months after the death of their deceased the agreement on a period of at least a month.

(3) If a tenant fails to file two or more heirs, the landlord is obliged to cooperate with the allocation of the rights and obligations of the deceased tenant from the lease by the joint heirs to one or more of them, unless the landlord against one or more of the persons concerned has reasonable objections. The first sentence shall not apply where the estate pursuant to article 13 of Book 4 is divided.

Article 230 the end of a lease If the tenant with the consent of the lessor retains the use of the leased property, thereby, unless a different intention appears, the agreement, regardless of the time for which it was entered into, renewed indefinitely.

Article 230a 1 has the rent covers a immovable property or part thereof and is built that thing or that part neither housing nor business premises within the meaning of this title, then the tenant after the end of the lease the right requests the deadline for clearance must take place, to renew it. The request must be filed in writing within two months after the time at which clearance is possible.
2 the first paragraph does not apply in case the tenant, the rent itself expressly in their termination has consented or condemned to clearance because of non-fulfilment of its obligations.
3 the landlord can not require the tenant for the end of the period referred to in paragraph 1 to clearance. The submission of the request shall suspend the obligation to create clearance to proceed, until the application is decided.
4 the request is only assigned when the interests of the tenant and subtenant to sublet, the bevoegdelijk is more serious by the clearance who are affected than that of the landlord with continued use by the tenant. The request is rejected, however, if the landlord establishes that from him because of improper use of the rented goods, because of serious pollution, the fellow users or himself, or for non-payment cannot be longer that the tenant the right to the use of the case or part thereof.
5 the extension can be pronounced for a period of not more than one year after the end of the agreement. This time limit may, at the request of the tenant still twice each time with no more than one year be extended. The application for extension must be submitted no later than one month before the expiry of the time limit. Paragraph 3, second sentence, and paragraph 4 shall apply.
6 as parties do not agree about the sum that the tenant during the term that the extension took place, for the use of the case or part thereof is required to pay, set right this sum fixed on a spot, given the rent level, reasonable amount. He can, as one of the parties, relevant to this request, a preliminary injunction. For the rest, continue during this term the rights and obligations under the lease agreement in force between the parties.
7 the Court shall reject the application At the time of clearance. The decision is considered a conviction to clearance against that time.
8 Against a decision pursuant to this article shall no appeal.
9 of this article may not be derogated from to the detriment of the lessee.
10 The members 1 – 9 do not apply, when the agreement on the description of an agreement as referred to in article 50a, parts c or f.

Article 231 1 dissolution of a tenancy agreement in respect of an immovable property and built a trailer within the meaning of article 235 and a pitch within the meaning of article 236 on the ground that the tenant is guilty of serious misconduct in the performance of its obligations, can only be made by the judge, except in the case of paragraph 2 and of article 210.
2 the landlord can the agreement on the base of article 267 of book 6 decompose on the ground that by behaviors in the rented public order is disturbed and therefore the leased property on the basis of article 174a of the municipal law or a regulation referred to in article 174 of that Act is closed, by conduct in such building in contravention of article 2 or 3 of the opium law is adhered to and the relevant building Therefore, on the basis of article 13b of that law, or such building is closed pursuant to article 17 of the housing is closed.
3 of paragraph 1 cannot be derogated from to the detriment of the lessee.

Section 5. Rent of housing subsection 1. General article 232 1 this section shall only apply to rental of living space.
2 this section shall not apply to rent which a use of living space is concerned that by its nature only of short duration.
3 The articles 270, 271 206 (3) 272, 273, 274, paragraph 4, 275, 276, 277 and 281 are for nine months after entering the agreement do not apply to rental of living space that is not an independent accommodation and is part of a property in which the landlord has his principal residence and not rather to the same tenant in which these or other living space is rented.

Under article 233 living space means a property built in so far as such as independent or not independent House is rented, or a caravan or a camping pitch, as well as the immovable appurtenances.

Article 234 Under independent accommodation means the property which a private has access to and what the occupant can inhabit without having to depend on substantial facilities outside the home.

Article 235 Under caravan means a residential building, which was posted on a pitch, in whole or in part can be moved and for which an environmental permit for a building activity as referred to in article 2.1, paragraph 1 (a) of the General provisions Law environmental law is granted.

Article 236 Under location means a lot, for placing a caravan, on which facilities are present on the piping of the public utilities, other institutions or by municipalities can be connected.

Article 237 1 In this section price means the whole of the obligations which the tenant or the landlord in respect of rent opposite.
2 under rental price shall mean the price due for the single use of the living area.
3 In this section utility costs with an individual meter: the fee related to the supply of electricity, gas and water for consumption in the housing section of the leased property in that area on the basis of a standing individual meter. Under service charge is defined as the fee for the remaining business and services provided in connection with the habitation of the living space. In order in Council can business and services are preferred for which the compensation is to be classified as service charge.

Article 238 Under rent Commission means the regional rental Tribunal referred to in Article 3a of the implementation law rents living space.

Article 239 Under our Minister means the Minister for housing and public service.

Article 240 On order in Council may be appropriate repairs that should be considered small repairs which, pursuant to article 217 shall be borne by the tenant. Of the provisions adopted under this article may not be derogated from to the detriment of the lessee.

Article 241 by or pursuant to order in Council determines which shortcomings in each case be considered as defects. Of the provisions adopted under this article may not be derogated from to the detriment of the lessee.

Article 242 1 except in the case of default scheme referred to in article 214 of book 6 cannot be derogated from to the detriment of the lessee of the 204, 206 (1) and (2) articles 207, 208 and 217, except in the case of repairs to the tenant made changes and additions made by the tenant or imperfections of changes and additions.
2 of the articles 230 216 224 (2) and (3) cannot be derogated from to the detriment of the lessee.

Article 243 1 If housing in a built real estate facilities needs as referred to in paragraph 2, the Court may determine at the request of the tenant that the landlord is required to make this improvement at their own expense, provided that the tenant agreed to pay a rent increase that in reasonable proportion to these costs. Of this provision cannot be derogated from to the detriment of the lessee.
2 Facilities referred to in paragraph 1 are: (a) the thermal insulation of the external partition constructions;
b. the thermal insulation of the construction that the separation with the crawl space;
(c) for the benefit of the heating installation places of a heating boiler with a generation efficiency of at least 80%, if the existing boiler at least ten years old.

By way of derogation from article 244 article 221 is the tenant of living space not authorized the leased property in whole or in part, to another use. The tenant of a self-catering property in that House are main residence has, however, is responsible for serving a part thereof to another in use.

Article 245 In the implementation law rents living space be given detailed rules on rents and other fees.

Subsection 2. Rents and other fees section 1. Rental prices Article 246 in respect of rents rents that the parties have agreed, except where this subsection no different results.

Article 247


The following articles of this subsection, subject to articles 251, 249, 259, 261 and 264, paragraph 1 does not apply to an agreement of lease and rental, that is related to a self-catering apartment, at the start of the occupation in respect of which a hire price gold or, if necessary, applies that traced to an amount per year, higher than the implementation law under article 3, paragraph 2 of the rents living space amount If a. that agreement on or after 1 July 1994 is achieved, or, b. that agreement relates to a dwelling that is on or after 1 July 1989.

Article 248 1 the rent can be raised either on the basis of a clause in the tenancy agreement that provides for either in this change if such a clause is not in force, in accordance with the procedures prescribed in articles 252, 253 and 252a. During the existence of such a clause is application of articles 253, 252 252a and excluded. If such a clause is valid, from a 12-month period after the time when last application has been given to the clause, to the aforementioned articles apply.
2 introduction of a term referred to in paragraph 1 to increase the rent price with a higher percentage than the maximum laid down by the Minister huurverhogings percentage referred to in article 10 paragraph 2 of the implementation law rents living space, then the clause void far it reaches this higher percentage leads and applies the rental price as increased by the maximum laid down by the Minister huurverhogings percentage.

Article 249 1 the tenant can take up to no later than six months after the time when a by him with respect to that living space lease agreement for the first time, the regional rental Tribunal requests ruling on the reasonableness of the arranged rental price.
2 by way of derogation from paragraph 1 the tenant within six months of the end of a by him with respect to that living space lease agreement for the first time for the duration of two years or less as referred to in paragraph 1, second sentence, article 271 the rental Commission ruling on the reasonableness of the arranged rental price.

Article 250 1 the rent can be increased at the request of the landlord in the manner prescribed in articles 253, 252 252a and: a. during the first 12-month period after the day of the beginning of tenancy, at most once, and b. each time by the end of successive periods of twelve months from either entering the increase referred to in subparagraph (a) in the absence of such increase, either the day of the beginning of tenancy.
2 an increase in the rent under paragraph 1 is not possible, as long as there is no agreement between tenant and landlord is that, in application of articles 12 and 16 of the implementation law rents living space, shortcomings in respect of the living area have been lifted.
3 by way of derogation from paragraph 1 the rent be increased towards the end of a period which is shorter than 12 months, as many as the preceding epoch has been longer than 12 months.
4 the rental price can be reduced at the request of the tenant in the manner prescribed in articles 252, 252b and 254.

Article 251 Provisions in lease agreements which have the effect of the rent in any 12-month period more than once is increased, are null and void, unless it is the case of article 255.

Article 252 1 A proposal to amend the rental price must be at least two months before the proposed date of entry of the amendment shall be in writing.
2 The proposal referred to in paragraph 1 should specify: a. the applicable rental rate;
b. the percentage or the amount of the change in the rent;
c. the proposed rental rate;
d. the proposed day of entrance of the proposed rental rate;
(e) the manner in which and the period within which the tenant, when he opposed the proposal, it can do turn out, and the effects that this subsection do not connects with the expressions of concerns.
3 for doing a proposal to reduce the rent price is a rating of the quality of the living space as referred to in article 10 paragraph 1 of the implementation law rents living space to be provided.
4 If an agreement amending the rent comes in response to a proposal to that effect, that does not meet (1) and (2) introductory wording and point (b), (d) or (e) or to paragraph 3, the applicable rent owed before, unless there is evidence that the person to whom the proposal was directed not by the absence was disadvantaged.

Article 252a 1 can a landlord in respect of living space that an independent accommodation forms a proposal referred to in article 252, to increase the rent on the ground that the household income on the level year: a. is higher than the first sentence in article 10 (2) part a of the implementing law rents living space the first amount but is less than or equal to the amount referred to in subparagraph (b) of that paragraph , or b. is higher than the first sentence of subparagraph (b) in article 10 (2) of that law mentioned amount.
2 In this article, the following definitions shall apply: a. basic registration basic registration income: income as referred to in chapter IVA of the General Law on State taxes;
b. household income: the joint amount of income data, referred to in article 21 part e of the General Law on State taxes, of the tenant and the other residents of a living space, on the understanding that a other resident who on 1 January of the year in which the proposed day of entrance of the proposed rent is located has not reached the age of 23 years the amount of the income is taken into account only in so far as that given more than the outcome of 108% of the twaalfvoud by the amount per month, referred to in article 8 paragraph 1 section a of the law minimum wage and minimum holiday allowance Act, as in force on 1 January of the year level;
c. Inspector: officer of the internal revenue service that as such when arrangement of Our Minister of finance is appropriate;
d. level year: second calendar year preceding the calendar year in which the proposed day of entrance of the proposed rent is located.
3 If a proposal referred to in paragraph 1 is made, a statement attached to the proposal regarding the household income. The Inspector provides on request of a landlord a declaration of the household income to the landlord.
4 The declaration referred to in paragraph 3 shall specify whether on the place indicated by the landlord of the living area on the basis of data from the basic registration income at the time of examination of the application by the landlord to the Inspector, it is expected that by the person or persons who according to the registration of the internal revenue service live or live on the level year the household income is less than or equal to it in article 10 (2) first sentence of part (a) of the implementation law rents living space the first amount, or is higher than that amount but is less than or equal to it in that latter amount, or part is higher than that amount. The statement indicates, Furthermore, if that household income is higher than the first sentence in article 10 (2) part a of the implementing law rents living space the first amount, the number of persons to whom that household income is based. If no income in the basic registration income available, the statement that that is the case. At settlement of Our Minister of finance be further rules for implementing this paragraph and on the can do a request, the request itself, the provision of the statement, and the landlord.
5 If an agreement amending the rent comes in response to a proposal to that effect, that does not meet the first sentence of paragraph 3 is the increase of the rent on the basis of a proposal referred to in paragraph 1 is not possible, unless there is evidence that the tenant does not by the absence was disadvantaged.
6 An agreement amending the rent price: a. as a result of a proposal referred to in paragraph 1 chapeau and parts a and b doesn't get through if the tenant can prove that he or another Member of the household is part of a settlement of our Minister to determine group;
b. as a result of a proposal referred to in paragraph 1 chapeau and subparagraph (a) doesn't get through if the lessee can demonstrate that the level of household income in the calendar year after the year is equal to or lower than the first sentence in article 10 (2) part a of the implementing law rents living space the first amount, and (c). as a result of a proposal referred to in paragraph 1 chapeau and part b doesn't get through if the tenant can demonstrate that the level of household income in the calendar year after the year is equal to or less than the amount referred to in part b of that sentence. That proposal is classed as a proposal referred to in paragraph 1 chapeau and subparagraph (a), unless the tenant also can demonstrate that the level of household income in the calendar year after the year is equal to or less than the amount in part a of that sentence first.

Article 252b


(1) without prejudice to the provisions of article 252a Member 6 can a tenant in respect of living space that constitutes an independent accommodation and in respect of which an increase of the rent on the basis of article 252a member 1 has occurred, do a proposal referred to in article 252, involving reduction of the rent on the ground that the household income, referred to in article 252a member 2 part b , on which such increase is based, has declined and with it: a. equal to or lower than in article 14 paragraph 1 of the law on rent allowance amount, b. concerned is equal to or lower than the first sentence in article 10 (2) part a of the implementing law rents living space the first amount, or c. is higher than the amount referred to in subparagraph (b) but equal to or less than the first sentence of subparagraph (b) in article 10 (2) of that law mentioned amount.
2 If a proposal referred to in paragraph 1 is done, provided the tenant data relating to the household income. At settlement of our Minister determines which data the tenant provided.
3 If an agreement amending the rent comes in response to a proposal to that effect, that does not meet (2) is the reduction of the rent on the basis of a proposal referred to in paragraph 1 is not possible, unless there is evidence that the landlord not by the absence was disadvantaged.

Article 253 1 if the tenant for the time when the increase of the rent according to the proposal should have, declares in writing with the proposal of the landlord, the landlord not to agree to six weeks after that time on presentation of a copy of that proposal and of the above-mentioned statement of the tenant the rent Commission ruling on the reasonableness of the proposal. If the lessor a proposal referred to in paragraph 1 article 252a has done, and the statement referred to in the first sentence, related to the household income on the level year, asked the landlord to the Inspector to a second statement as referred to in article 252a (4). The second statement is referred to by the landlord at a request as referred to in the first sentence. If the lessor a proposal referred to in paragraph 1, and article 252a the tenant relies on one of the cases referred to in paragraph 6, article 252a shall provide the tenant, if the part of a group referred to in part a of the latter paragraph, or the household income subject of dispute, with the Declaration, referred to in the first sentence , data relating to that part or that household income. At settlement of our Minister determines which data the tenant provided.
2 the tenant the rent Commission within four months of the date referred to in paragraph 1 first sentence requests ruling on the reasonableness of the proposal, if: a. he nor before the date referred to in paragraph 1 first sentence referred to written declaration does, nor by paying the proposed rent increase does turn out to vote with that increase in , and b. the landlord him within three months after the date referred to in paragraph 1 first sentence again by registered letter of the proposal has informed, with a copy of the proposal, and he does not agree with the proposal to rent increase.
The lessee shall submit this request a copy of the proposal and that writing and, if the lessor a proposal referred to in paragraph 1 article 252a has done and being part of a group referred to in paragraph 6 of part a. Article 252a or the household income subject of dispute is, data relating to that part or that household income. Fifth sentence of paragraph 1 shall apply mutatis mutandis.
3 the tenant shall be deemed the proposed increase of the rent with effect from the date referred to in the proposal to be agreed with the landlord if he, upon receipt of the referred in paragraph writing, not within four months of that date has addressed a request to the regional rental Tribunal.
4 If the tenant makes a request referred to in the second paragraph, the Commission shall immediately inform the landlord rent.
5 If the lessor a proposal referred to in article 252 paragraph 1 article 252a (1) by registered letter salutation or has done, he can, if met is in paragraph 2 (a) within six weeks of the date referred to in paragraph 1 first sentence of the rental Commission ruling on the reasonableness of the proposal. The landlord shall submit this request a copy of the proposal and proof of registered mail.

Article 254 if the landlord with a tenant's proposal to reduce the rent to the tenant can not consent, no later than six weeks after the date on which the reduction it is clear from the proposal need to enter, the regional rental Tribunal requests had to decide on the reasonableness of the proposal.

Article 255 1 the rental price of living space in which or to which during the rental time by or on behalf of the landlord: a. provisions have been made related to a measure aimed at eliminating or reducing restrictions that a disabled person, with the normal use of its living space, the costs of which have been granted financial support under any legislation , or b. changes and additions, including not means the remedy of defects referred to in article 204, have been made, making the living supplies be supposed to have increased and that interventions are not referred to in point (a), is the rent, plus an amount that in reasonable proportion to the costs incurred by the landlord of these interventions, changes or additions on the understanding that the new rent should not exceed those provided for in application of the rules referred to in article 10 paragraph 1 of the implementation law rents living space as is reasonable.
2 If the parties have been unable to reach agreement on the amount of the increase, can any of them within three months after the conclusion of the interventions, changes or additions that the regional rental Tribunal requests to give a ruling thereon.
3 under disabled in the first Member means a person who due to illness or lack of demonstrable limitations are having.

Article 256 [expired per 01-04-2007] article 257 1 for the advancement of the tenant to reduction of the rent on the basis of article 207 paragraph 1 in connection with article 242 is charged in accordance with the following members to apply expiration period of six months from the start of the day following that on which the tenant has notified of the defect to the landlord.
2 Is the advancement of the tenant based on a deficiency which, pursuant to article 241 as a defect has to apply, then the tenant can, instead of its claim within the period referred to in paragraph 1, to the Court, within six months after the start of the day following that on which the tenant has given notice to the landlord of the defect , the regional rental Tribunal requests on reducing ruling in accordance with article 16 paragraph 2 of the implementation law rents living space order in Council referred to. The tenant can rent a first request to the Commission, if the lessor not within six weeks from the start of the day following that on which the tenant has notified to the lessor of the defect, the defect has been corrected.
3 after the expiry of the period referred to in the preceding paragraphs can, for the past six months, no rent reduction be required over a longer period than six months preceding the setting up of the claim or the submission of the request.

Paragraph 2. Other fees Article 258 1 If the lease is more than the mere use of the living space and to that agreement only the height of the price and not the rent price is set to the landlord, the tenant can make a proposal laying down the rental price and the advance of the utility costs with a individual meter and service cost.
2 a proposal referred to in paragraph 1 must be at least two months before the proposed date of entry of the rent and the advance of the utility costs with a individual meter and service cost shall be in writing and must include: a. the current price;
b. the proposed rental rate;
c. the proposed advance payment of costs for the utilities with a individual meter and service cost, and d. the proposed day of entrance of the rental price and the advance of the utility costs with a individual meter and service cost.
3 If the lessor does not accept a proposal as referred to in paragraph 1, the tenant no later than six weeks after the time at which this proposal need to enter, the regional rental Tribunal requests had to decide on the reasonableness of the proposal. The rental Commission proposes the rental price and, where appropriate, the advance of the utility costs with a individual meter and service cost.
4 If an agreement establishing the rent comes in response to a proposal to that effect, that does not comply with paragraphs 1 and 2, introductory wording and point (b), (c) or (d), the prevailing price payable before, unless there is evidence that the landlord not by the absence was disadvantaged.

Article 259


1 the payment obligation of the tenant with regard to costs for the utilities with a individual meter and service cost, the amount the tenant and landlord agreed. In the absence of agreement, the payment obligation with regard to costs for the utilities with a individual meter the amount that is in compliance with the laws in force in to calculate them or with what as a reasonable compensation for the supplied goods and services can be considered, and in connection with service charge the amount that a ministerial order is established.
2 the landlord shall provide the tenant every year, no later than six months after the end of a calendar year, a the brand in that calendar year uitgesplitstoverzicht of the fees charged for utilities with a individual meter and service costs, indicating the method of calculation thereof. If the landlord charges that do not relate to a calendar year, but another period of twelve months, which in a fiscal year and the calendar year ends, the landlord the cost over that other period in the overview of that elapsed calendar year. 3 upon termination of the lease, the overview as in paragraph 2 covers the period of the calendar year that at the time of the termination has already expired.
4 the landlord provides the tenant on the occasion, after communication of the list referred to in paragraph 2, access to the to the State of the underlying books and other documents or of copies thereof.

Article 260 1 if the tenant and landlord have been unable to reach agreement on a payment obligation of the tenant in relation to utility costs with a individual meter and service charge, the tenant can ask the landlord or rental Commission comment to do.
2 The request relates to more than one period of not less than 12 months for each cost type to whom the application relates. The request may be made no later than 24 months after the time limit referred to in article 259 paragraph 2 for providing the review by the landlord is expired.
3 at the request the landlord takes the payment obligation of the tenant in relation to the service charge on a ministerial order adopted in a form.

Article 261 1 The advance amount that the tenant pursuant to agreement or court order in respect of the utility costs with a individual meter is due, mag, unless after entering the rent otherwise agreed, only be increased: (a). with effect from the day following the end of the payment term in which the agreed expansion of the delivery of goods or services has been made or as of the payment period from which this enlargement will take place found;
b. with effect from the day following the payment period, in which the last review, referred to in article 259, to the tenant is provided with the understanding that every review must not lead to an increase only once.
2 the lessee is bound to be a change in the delivery of goods or services and the corresponding modified advance amount, if that change is being made on a business or services that can be delivered only to a number of joint tenants, and at least 70% of those tenants agreed. A tenant who has agreed with the change, can not within eight weeks after the written notice by the landlord that agreement has been reached with at least 70% of the tenants, a claim the judge's decision on the reasonableness of the proposal.
3 If the advance amount payable by the tenant is significantly higher than the expected costs for utilities with an individual meter, the regional rental Tribunal at the request of the tenant the advance amount reduced to an amount that is in reasonable proportion to that cost.

Article 261a [shall enter into force on a date to be determined] this part is (still) not entered into force; see the summary of changes paragraph 3. Final provisions article 262 1 When the regional rental Tribunal on a request from the tenant or landlord as referred to in paragraphs 1 and 2 ruling, they shall be deemed to have been agreed what in that statement is adopted unless one of them within eight weeks after copy of that statement is sent to them, a court decision has advanced on the point on which the rental Commission for a ruling was requested.
2 against a decision no higher appeal is permitted under this article.

Article 263 a modification of the rental price, determined in a ruling of the rental Commission or of the Court, may be charged as of the in the proposal to amend proposed day or if the rent is determined without the need for a proposal was made, the day when fixing is requested to the rental Commission or adoption has progressed to the courts. So a later day in the pronunciation of entrance is adopted, that change applies as of that later day.

Article 264 1 any business related to the emergence of a rental agreement on living space created circumstances, not the rental price on, provided that in doing so for the benefit of one of the parties, a not reasonable advantage is agreed, is void.
2 each in connection with the emergence of such a rental agreement made by or against a third term, to the extent that any unreasonable benefit is agreed, is void.

Article 265 of the provisions of this subsection may not be derogated from, unless those provisions dictates otherwise.

Subsection 3. Fellow rent and continue the rent Article 266 1 The spouse or registered partner of a fellow tenant, tenant shall be automatically as long as the living area the spouse or registered partner to principal residence, regardless of whether the lease for or after entering into the marriage or of the registered partnership is closed.
2 for the obligations under the rental agreement, except to the extent that these were already due and payable before the spouse or registered partner was fellow tenant, the tenant and the landlord will be jointly and severally liable towards the fellow tenant.
3 If the lease on the tenant ends, the fellow tenant tenant.
4. If the spouse or registered partner referred to in paragraph 1 or pursuant to a decision referred to in article 826, paragraph 1 (a) of the code of civil procedure, either as a result of mutual agreement in connection with an application for divorce or legal separation, or following termination of registered partnership has not the use of the marital home for the purposes of this article, this will not change the main stay.
5 In the event of divorce or legal separation or termination of registered partnership, the judge may, at the request of a spouse or registered partner determine which one of the spouses or registered partners tenant of the living space. The judge also determines the day of the beginning of tenancy, with this spouse or partner. On the same day ends the rent with the other spouse or partner.

Article 267 1 if, at the joint request of a tenant and of another person who has his main residence in the living space and with the tenant a sustainable common household, as well as a fellow tenant when there is, the landlord has declared in writing within three months help to agree that that other person will be fellow tenant can the tenant and that other person, as well as a fellow tenant when there is, jointly request that the Court will determine that this person as of a time determined fellow tenant in the judgment will be.
2 after a request to the landlord as referred to in paragraph 1 has been made, an action for dissolution of the rent on the ground that the tenant in violation of what has been agreed, with another in the living room a common household, no longer be assigned. This ground delivers in that case nor a ground for termination of the lease on. 3 the right designates the claim referred to in paragraph 1 only: a. If the person referred to in paragraph 1 for at least two years in the living room his head stay and with the tenant a sustainable common household;
b. If, taking into account the provisions established on the common household and the duration thereof, the claim is clearly only the thrust, the person referred to in paragraph 1 to provide the short term position of tenant;
c. If the person referred to in paragraph 1 from a financial point of view, insufficient guarantees for a proper fulfilment of the rent.
4 for the obligations the rent are the person who has entered into the lease and any of the persons on the basis of this article fellow tenant or tenant is liable, jointly and severally liable to the landlord, on the understanding that a fellow tenant is not liable for the obligations that were already due and payable before he was fellow tenant.
5 The provisions of the end of the rent to persons referred to in paragraph 4 shall apply separately on the understanding that a person's capacity as a fellow tenant in any case, if he loses his head at no longer in the living space. If the lease on the tenant ends, the fellow tenant tenant.

6 with respect to the housing Chapter 2 of the housing law 2014, then put the fellow tenant the rent only by way of derogation from paragraph 5, if the Court has determined this on a test by that person within eight weeks of the time when he has become tenant claim and in any case, as long as this claim is not yet irrevocably decided. The right designates the claim only if the plaintiff is not a current housing for him authorisation provided for in article 8 of that law.
7 each of the persons referred to in paragraph 4 may request the judge will determine that one or more of these people the rent with effect from a time determined in the judgment no longer will continue. The right designates the claim only if this to fairness, taking into account the circumstances of the case, is provided with the understanding that he assigns the claim in any case, if the plaintiff proves that the person to whom the application relates, its position as a fellow tenant has not obtained pursuant to a request made by the plaintiff to the landlord or a claim by him under paragraph 1.

Article 268 1 in case of death of the tenant put the fellow tenant the rent as a tenant. He can the rent within six months after the death in exploit or registered post cancellation as of the first day of the second month after the withdrawal.
2 the person who not is tenant under paragraph 1, but in the living room his head stay and with the deceased tenant has had a sustainable common household, put the rent on for six months after the death of the tenant; the second sentence of paragraph 1 shall apply. He put the rent also later on, if the Court decision on a claim within that time to this, and in any as long as on this claim is not irrevocably decided.
3 the right designates the claim referred to in paragraph 2 at least: a. If the plaintiff has made that he is not likely to meet the requirements of paragraph 2;
b. If the applicant from a financial point of view, insufficient guarantees for a proper performance of the lease;
c. If the living space is concerned which Chapter 2 of the housing law 2014 applies, if the plaintiff is not a housing authorisation provided for in article 8 of that law.
4 (4) the first sentence of paragraph 5 and paragraph 7 of article 267 shall apply mutatis mutandis to 5, it is established that a person wrongly relying on continuing the rent under this article has done, then he continues about the time during which he has had the enjoyment of the living space to the landlord liable for complying with the rent that would have existed for him if he had been tenant. Has more than one person wrongly relying on continuation of the lease done, then all of them jointly and severally liable vis-à-vis the lessor.
6 there are no persons who continue the rent pursuant to this article, then ends at the end of the second month after the death of the tenant. The heirs, jurisdiction shall lie with the rent by the end of the first month after the death of the tenant to do end up. When the estate of the tenant pursuant to article 13 of Book 4 is distributed, the competence of the heirs, referred to in the preceding sentence, to his spouse or registered partner.
7 of this article, not to the detriment of the people to whom this article right to continuation of the lease and of the heirs, or the spouse or registered partner referred to in paragraph 6, be derogated from.
8 of article 229 (1) and (3) may not be derogated from.

Article 269 1 The sublet that is related to a independent House where the subtenant are main residence, in the event of termination of the rental between tenant and landlord continued by the landlord.
2 the lessor may, within six months after he has continued on the basis of paragraph 1 the sublet request a court will determine that the rent with effect from a time determined in the verdict will end on the following grounds: (a) the other party from a financial point of view, insufficient guarantees for quite a breach of the lease;
b. the sublet is entered into with the apparent intent to provide the subtenant the position of tenant;
c., in the circumstances, to standards of reasonableness and fairness, taking into account the contents of the rental agreements covering similar living room as well as on the content of the terminated rent between him and the tenant and the contents of the continued rental agreement can be taken from him, not that he is continuing the rent with the other party;
d. the other party if the living space is concerned which Chapter 2 of the housing law 2014 applies, not a housing authorisation provided for in article 8 of that law.
3 in case of subletting what whether or not an independent accommodation forms, put the one that under articles 266, 267 and 268 has become or rental tenant has continued, as tenant the rent with the subtenant.

Article 270 1 The tenant who wishes to achieve an exchange of housing may request the judge will allow him another in his place as a tenant. If on the housing Chapter 2 of the housing law 2014 applies, the claimant issued a for the proposed tenant housing authorisation provided for in article 8 of that law relating to housing.
2 the Court decides taking account of the circumstances of the case, except that he can only assign the claim, if the tenant a ponderous interest in the exchange of housing and that he rejects this, if the proposed tenant from a financial point of view not enough guarantee for a proper fulfilment of the rent. The Court may connect to the authorisation, conditions or a burden.
3 of this provision cannot be derogated from to the detriment of the lessee.

Article 270a in case of continuation of the rent on the basis of articles 266, 268 and 269 is the one that continues, the rent required to communicate it to the landlord.

Subsection 4. The end of the rent Article 271 1 by way of derogation from article 228 paragraph 1 ends a for some time for the duration of: a. lease for more than two years in the case of a living space as far as these as independent House is rented, or b. lease for more than five years in the case of a living space as far as this as not independent House is rented , not by the mere lapse of the rental time; It may be terminated by either party at an agreed date for the payment of the rental price, not falling for the passage of some time. On a for some time for the duration of two to five years or shorter lease respectively article 228 paragraph 1 is fully applicable, provided that the landlord not earlier than three months but not later than one month before that particular time has passed, the tenant on the date by which that rent expires in writing informs. If the lessor the obligation, referred to in the second sentence, after the expiry of the lease is the particular time referred to in that sentence, renewed indefinitely. The lease for some time referred to in the second sentence, by the tenant be terminated before the expiry of the specified period of time at an agreed date for payment of the rental price. If at the end of a fixed term of two to five years or shorter lease respectively with the same tenant then again a rental agreement is entered into, the latter agreement is conceived as an extension for an indefinite period of time of the first lease.
2 A contracted for an indefinite period of time or indefinitely extended rent can be terminated by either party at an agreed date for the payment of the rental price.
3 the cancellation must be made at writ or by registered letter. In accordance with article 266 is the spouse or registered partner of the tenant fellow tenant, then the termination to both spouses or registered partners be done separately.
4 The termination by the landlord should on pain of nullity, the grounds which led to the cancellation. A termination by the landlord on other than the grounds referred to in article 274 paragraph 1, shall be null and void. The tenant must be requested within six weeks at the termination to the landlord to say whether or not he meets termination of the agreement.
5 to the termination, the following terms are observed: a. cancellation by the tenant: a period equal to the time between two successive for payment of the rent price agreed days passes, but not less than one month and no longer than three months;
b. termination by the lessor: a term not less than three months, for each year that the tenant had rented in continuous use under agreement has extended by one month to a maximum of six months.
6 a denunciation that conflict with the provisions of paragraph 1 (a), (3) or (5) is done and a termination that is done on a shorter period than that of paragraph 5 (b) nevertheless apply as if they were done against the prescribed day and subject to the prescribed time limit.

7 each circumstances in which paragraph 5 (a) in violation of a longer notice period or contrary to paragraph 5 (b) a shorter notice period is agreed or where other provisions of this article shall be waived, shall be null and void. Likewise void any clause that the rent without notice does end up.
8 this article does not apply, if the termination takes place by mutual consent after the rental.

Article 272 1 A cancelled lease, unless the lessee has terminated the agreement or after the termination by the landlord written notice of its termination has agreed, after the day which is validly terminated by operation of law, to justice in force irrevocably has decided on an advancement of the landlord as in paragraph 2.
2 the landlord can, if he is six weeks after the cancellation is not received by the tenant a written notice that he consents, in the termination of the lease on the grounds mentioned in the cancellation request a judge will determine the time at which the lease will end.

Article 273 1 At its decision on the claim referred to in article 272 paragraph 2 incorporates the right only in the grounds provided for in account termination.
2 If the Court rejects the claim, the contract shall be automatically extended. The Court decides whether the contract for an indefinite period or for a specified period of time to be determined by him is extended.
3 If the court assigns the claim, also the time of clearance. The allocation is considered a conviction to clearance against that time.

Article 274 1 the Court may only assign the claim (a). If the tenant did not behave as befits a good hirer;
b. If the landlord bases his claim on a term as defined in paragraph 2 and with the requirements of that paragraph have been met, unless the landlord has no interest at the clearance;
c. If the landlord establishes that he rented so urgently needs for your own use, disposal of the rented housing, not including that of him, the interests of both parties and of subtenants in equity cannot be taken into consideration, that the lease is extended, and also shows that the tenant, with the exception of the tenant referred to in articles 274c to 274th, other suitable accommodation.
d. If the tenant does not meets a reasonable offer to enter into a new lease agreement in relation to the same living space, in so far as, in the case that subsection 2 on the rental agreement is terminated, this offer is not an amendment of the rent or service charge;
e. If the lessor pursuant to a valid zoning on the rented lying destination wants;
f. If the lease agreement is an autonomous living, which is part of the House in which the landlord has his main residence, and the landlord establishes that his interests upon termination of the rental outweigh those of the tenant at the continuation thereof.
2 In the event that expressly of the tenant and every time a subsequent lessee is stipulated that the rented housing at the end of the agreed term should be cleared at that clause, can the landlord in accordance with paragraph 1, introductory wording and point (b), on the grounds that circumstances claim referred to in that paragraph: a. If the landlord wants to involve the House or b. If the landlord by a previous tenant the right has made the House again, this tenant wants to give the opportunity.
The when clause certain period may be extended by mutual consent with the tenant before the originally agreed period has expired.
3 under their own use within the meaning of paragraph 1 (c) shall also include renovation of living spaces without termination of the rental is not possible.
4 in considering whether other living space for the tenant is appropriate, the Court does not take into account the contributions of the Empire, that the tenant in the contribution towards the costs, connected to the enjoyment of the dwelling.
5 a claim, based on own use within the meaning of paragraph 1 (c) is not assignable (a). with regard to housing which Chapter 2 of the housing law 2014 applies, as long as the landlord no housing authorisation provided for in article 8 of that law subject to submit case the own use in anything other than habitation;
b. If the lessor is the legal successor of the previous landlord and the cancellation is done within three years after the legal continuity of the lessee in writing.
6 In the cases referred to in paragraph 1 (a) and (d) the Court may, before he assigns the claim, to the tenant to allow no more than a month to still fulfil its obligations or to accept the offer.

Article 274a 1 Under their own use within the meaning of article 274 paragraph 1 under (c) shall also include providing an independent accommodation to a disabled person, if such property: a. already at its construction was decorated and intended for habitation by a disabled person, or b. after the building with pecuniary aid under a legal framework adapted for habitation by a disabled person.
2 under disabled is in this article means a person who due to illness or lack of demonstrable limitations are having.

Article 274b Under own use within the meaning of article 274 paragraph 1 under (c) shall also include providing a sole to an older House which is part of a complex of independent houses, what complex already at its construction was decorated and intended for habitation by the elderly.

Article 274c 1 Under their own use within the meaning of article 274 paragraph 1 under (c) shall also include providing housing to a younger, if the conditions set out in the following paragraphs are met.
2 among younger is in this article means a person who has not yet reached the age of 28 years.
3 the living space should be under the lease are intended for young people.
4 since the effective date of the lease should be five years have passed. Before the expiry of this period may be agreed by the parties that this time limit shall be extended by up to two years. In this case, also the term with which the extension took place, have passed.
5 In the rental agreement with the tenant against whom claim is set in article 274 paragraph 1, must be determined that those living space after termination of the rental agreement again to a younger will be let. For the purposes of the first sentence is equated with a younger a student referred to in article 274 d paragraph 2 and a PhD student as referred to in article 274th (2).

Article 274 d 1 Under their own use within the meaning of article 274 paragraph 1 under (c) shall also include providing housing to a student if the conditions set out in the following paragraphs are met.
2 under student is in this article means a participant who is enrolled at an institution as indicated in article 1.1.1, part (b) of the Education Act and vocational education or a student who is enrolled at a university or college referred to in article 1.2, parts a and b of the higher education and scientific research.
3 the living space should be under the lease are intended for students.
4 the lessee, against whom the claim referred to in article 274 is set up, must have failed to comply with a written request from the landlord, that can do this annually, within three months a copy of the proof of its registration to an institution, University or college referred to in paragraph 2 on the current academic year.
5 In the rental agreement with the tenant against whom claim is set in article 274 paragraph 1, must be determined that those living space after termination of the lease will be let to a student again. For the purposes of the first sentence shall be treated as a student with a younger as referred to in article 274c paragraph 2 and a PhD student as referred to in article 274th (2).

274th article 1 Under their own use within the meaning of article 274 paragraph 1 under (c) shall also include providing housing to a PhD student, if the conditions set out in the following paragraphs are met.
2 under PhD student is in this article means the one who is preparing for a promotion as referred to in article 7.18 of the higher education and scientific research.
3 the living space should be under the lease are intended for PhD students.
4 the lessee, against whom the claim referred to in article 274 is set up, must have failed to comply with a written request from the landlord, that can do this annually, within three months a statement of the relevant educational institution from which the preparation for a promotion as referred to in article 7.18 of the higher education and scientific research shows , on request.
5 In the rental agreement with the tenant against whom claim is set in article 274 paragraph 1, must be determined that those living space after termination of the rental agreement again to a PhD student will be let. For the purposes of the first sentence with a PhD student as referred to in article 274c shall be treated as a younger member 2 and a student as referred to in article 274 d (2).

Article 274f


1 Under their own use within the meaning of article 274 paragraph 1 under (c) shall also include providing living space for a large family, if the conditions set out in the following paragraphs are met.
2 under a large family is in this article means a household of the tenant that at least eight persons.
3 the living space should be under the lease are intended for large families.
4 the lessee that is part of a large family, against whom the claim referred to in article 274 paragraph 1 is set up, must have failed to comply with a written request from the landlord, that can do this annually, within three months a copy of data from the key register persons showing that at least five persons from that family as being resident at the address registered , on request.
5 In the rental agreement with the tenant against whom claim is set in article 274 paragraph 1, must be determined that those living space after termination of the rental agreement again to a large family will be let.

Article 275 1 if the Court a claim for termination of the lease on the grounds referred to in article 274, paragraph 1 (c) and (e) he may have a figure that the landlord to the tenant have to pay in compensation for his moving and furnishing costs.
2 the Court may, before he gives a decision, in which this amount is determined, his intention to bring to the attention of parties and a time limit within which the landlord can revoke the cancellation. Makes the landlord of this power, then the Court decides only about legal costs.
3 upon termination of the lease on the grounds referred to in paragraph 1 (c) in connection with article 274 paragraph 3 and paragraph 1 (e), in article 274 carries the landlord the costs that the move for the tenant.
4 the minimum contribution to the move-and the costs for the tenants of independent houses, caravans and pitches is a ministerial order of the Minister for housing, communities and integration and will be amended before 1 March each year as far as the consumer price index. The amount referred to in the first sentence is rounded to whole euros.
5 the landlord can any by the municipality to provide to the tenant contributions or fees for moving expenses or deduct the amount of the contribution referred to in paragraph 4.

Article 276 1 if the lessor has terminated the agreement on the ground referred to in paragraph 1 (c) and article 274 the claim for termination of the lease is assigned or the tenant with the termination, the landlord is liable to the tenant for damages, if the will to the rented durable to take in reality not in own use has been present.
2 the absence of proof to the contrary shall be deemed not to have been present is who wants to, if not within a year after the end of the contract the rented durable by him.
3 the Court that a claim on the land, referred to in article 274, paragraph 1 (c) assign can desire of the tenant or of its own motion determine an amount that the landlord to the tenant have to pay, if later if the will to the rented durable to take in reality not in own use has been present, without prejudice to the right of the tenant on further compensation.
4 the claim of the tenant under this article shall expire five years after the end of the lease.
5 the landlord is likewise to compensation vis-à-vis subtenants to whom bevoegdelijk is sublet or which, pursuant to article 269 were authorized to continue their agreement with the head lessor. The preceding paragraphs shall apply mutatis mutandis.

Article 277 1 if the Court has extended the lease, the landlord and the agreement again having regard to the provisions of article 271 of the Cancel time limits referred to in paragraph 2 and in accordance with the provisions of articles 272 to recover 274f that the judge will determine the time, which the agreement will end.
(2) if the judge has extended the contract for an indefinite period, the landlord can not cancel her rather again three years after this decision has become final. If the Court has extended the contract, the lessor may not terminate her earlier than three months before the end of the time for which has been extended.

Article 278 1 A sublet agreement of living space that is not under article 269 after termination of the main rent by the head landlord is continued, ends at the by the Court upon application of the main landlord in accordance with article 273 paragraph 3 time of clearance.
2 If the main tenant at the termination and the determination of the time of insufficient clearance for the interests of the subtenant has taken, he is obliged to compensate the damage that the subtenant thereby suffers.
3 the main tenant against whom a claim is set by the head landlord, which affects the interests of the subtenant is entitled to call this into question.

Article 279 1 if a defect within the meaning of article 204 the share of rented housing that for the tenant and his family for occupation is necessary, uninhabitable makes or clearing a lack of such work to do this or will do, the tenant shall be entitled to use the rent on the base of article 267 of book 6.
2 the tenant has the same jurisdiction, when the use of the rented housing hazards.
3. Article 210 paragraph 2 shall apply mutatis mutandis.

On the foot of article 231 article 280 Before a dissolution, the Court may allow a maximum of one month tenant to still fulfil its obligations.

Article 281 1 If someone on the foot of article 226 applicable under a landlord and a zoning on the rented lying destination, dissolves the judge upon application of the landlord the rental agreement as of a day.
2 the tenant and subtenant to sublet or bevoegdelijk who is with whom the rental agreement otherwise would be continued on the foot of article 269, are entitled to compensation. When the rental time or sublet without the dissolution time another year or longer would have lasted, compensation is at least equal to the rental price of two years. When the rental time or sublet time without the dissolution would have lasted less than a year, compensation is at least equal to the rental price of one year. In the calculation of the damage is not considering changes that apparently are made to increase the compensation.

Article 272 to 281 282 articles can not be at the expense of the tenant or subtenant.

Section 6. Rent of office space Article 290 1 the provisions of this section apply to rent and rental of office space.
2 under business space means: a. an immovable property or part thereof, which built under agreement of hire and rental is intended for the exercise of a retail company, a restaurant or café business, from a takeaway or delivery service or of a handicraft company, if in the rented space is a locally accessible to the public for direct supply of goods or services is present;
b. a built immovable property or part thereof which, by virtue of such an agreement is intended for the exercise of a hotel establishment;
(c) a property that is under such an agreement shall be for the purpose of performing a camp bed company.
3 to the business premises referred to in paragraph 2 are also referenced in the at the a and other appurtenances, the immovable belonging land and, taking into account the destination of the business space, dependent home.

Article 291 1 the provisions of this section may not be derogated from to the detriment of the lessee.
2 terms at the expense of the tenant deviating from the provisions of this section, however, unless it is a derogation from article 307, not on that ground be destroyed if they are approved by the Court.
3 each of the parties can request such approval. The approval is only given if the circumstances the rights that the tenant owes to this section affects or his social position, not substantially in comparison to that of the landlord is such that the protection of this section, within reason, he does not need.
4 The request contains, in addition to the grounds on which it is based, to approve the text of the contract terms.

Article 292 1 the rental agreement is for five years or, if a longer fixed term has been agreed upon, for that longer duration.
2 the rental contract for five years, on the expiry of which shall be automatically extended by five years. The agreement that is entered into for a term longer than five years but less than ten years, on the expiry of that period shall be automatically renewed for a second term that so much shorter than 5 years if the first term is longer than five years.

Article 293 1 the agreement for five years, and the agreement is entered into for a term longer than five years, but shorter than ten years, by the end of the term and by the end of the second term in article 292 paragraph 2 shall be terminated by any of the parties. Article 228 paragraph 1 and paragraph 2, first sentence, shall not apply.

2 the cancellation must be made at writ or by registered letter. The term of notice amounts to at least a year.
3 no termination is required, if the termination takes place by mutual consent, after the lease is achieved.

Article 294 A termination by the landlord is void if it is not the grounds have led to mention of the termination.

Article 295 1 cancelled A lease, unless the lessee has terminated the agreement or after the termination by the landlord written notice of its termination has agreed, after the day which is validly terminated by operation of law, to justice in force irrevocably has decided on an advancement of the verhuurderals referred to in paragraph 2. However, the Court may, if the defence of the tenant him clearly unfounded, are assigning judgment provisionally enforceable.
2 the landlord can, if he is six weeks after the cancellation is not received by the tenant a written notice that he consents, in the termination of the lease on the grounds mentioned in the cancellation request a judge will determine the time when the agreement will end.

Article 296 1 if the termination is done by the end of the paragraph 1 referred to in article 292 starting period for which the lease is entered into, or the Court may only assign the claim, on the ground that: a. the operation of the tenant has not been as befits a good hirer, or b. the landlord establishes that he , his spouse, registered partner, or a blood-related in the first degree or a foster child wants to take in the rented personal sustainable use and he urgently needs the rented for this purpose. Under sustainable use is not understood alienation of the enterprise space, but renovation of the enterprise space that without termination of the rental is not possible.
2 a claim, set up on the ground referred to in subparagraph (b) in paragraph 1, is not assignable if the lessor is the legal successor of a previous landlord and he is not his spouse, registered partner, or blood-related in the first degree or foster child, and the cancellation is done within three years after the rechtopvolging in writing by the tenant. Under foster child defines the operator who is cared for and brought up durable as own child.
3 If the termination is done by the end of the term with which the contract has been renewed pursuant to article 292 (2), the Court may assign the claim, on the basis of a reasonable assessment of the interests of the lessor upon termination of the agreement against those of the tenant and subtenant to sublet, the bevoegdelijk who is at renewal of the agreement. The right designates the claim in each case if the tenant, at a reasonable consideration of the aforementioned interests of him and the subtenant to sublet, against bevoegdelijk who is the aforementioned interests of the lessor, can not be demanded that he rented clears.
4 In the case of paragraph 3 designates the right the claim in any case if an der in paragraph 1(a) and (b), in conjunction with paragraph 2of soils occurs and again if: (c) the tenant does not meets a reasonable offer to enter into a new agreement with respect to the leased property, as far as this offer does not imply a change of the rent , or d. the landlord pursuant to a valid zoning on the rented lying destination wants to accomplish.
5 If the court assigns the claim, also the time of the eviction. The allocation is considered a conviction to clearance against that time.

Article 297 1 the Court may in its decision to allocation of the claim an amount that the landlord to the tenant or to the person to whom bevoegdelijk is sublet, must pay in compensation for his moving and furnishing costs.
2 before making a decision in which an amount referred to in paragraph 1 is adopted, brings to the attention of parties the right to take and set a time-limit within which the landlord has the power to withdraw the claim.
3 If the lessor withdraws his claim within this time limit, the right just a decision on legal costs.

Article 298 In the case referred to In Article 296 paragraph 4 (c), the Court may allow the renter a term of not more than a month to the offer to enter into a new agreement to accept it.

Article 299 1 if the agreement is terminated on the ground that a person referred to in point (b) in Article 296 paragraph 1 sustainable use wants to take the rented private check-in and the tenant has consented in the termination of the agreement or the claim for termination of the contract on that ground or on the ground, referred to in Article 296 (3) , is assigned, the lessor against the lessee and the person who has ondergehuurd bevoegdelijk, to compensation, if the will to take the rented private check-in sustainable use in reality is not present.
2 the absence of proof to the contrary shall be deemed not to have been present is who wants to, if not the rented within one year after termination of the agreement by a person referred to in paragraph 1 (b) in Article 296 sustainable use is taken.
3 the Court may in a decision relating to assignment of a claim for termination, based on paragraph 1 referred to in (b) in Article 296 will of one of the persons referred to there, at the request of the tenant or of its own motion determine an amount that the landlord to the tenant or the one who has ondergehuurd bevoegdelijk have to pay, if later it appears that who wants to be in reality not has been present , without prejudice to the right of the tenant on further compensation.
4 the claim of the tenant or subtenant for compensation or to pay the amount referred to in paragraph 3 shall expire five years after the end of the lease.

Article originally 300 1 if the duration of the agreement is extended under article 292 paragraph 2 and not the extended agreement by the end of the second period referred to in that paragraph has been cancelled, the agreement continued for an indefinite period, unless the agreement parties a certain time or a certain time results match.
2, the agreement continued for an indefinite period of time pursuant to paragraph 1, it may be terminated by any of the parties. The contract continued or she is entered into for a term of ten years or longer, then finishes it, by way of derogation from article 228 paragraph 1, not by the mere lapse of the time, but can they rent by each of the parties by the end of that rental time be terminated.
3 The termination must comply with the requirements of articles 2 and 3 and article 294 293 members. Articles 295 to 299 shall apply mutatis mutandis.
4 If a declaration of the time when the agreement will end, is rejected, and not arising from the agreement that they then continued for a limited period of time by the end of which they can be cancelled again, the only legally valid agreement be cancelled again after a period of one year has elapsed after the rejection has become final. The Court may at its negative decision a longer time limit.

Article 301 1 articles 291 to 300 do not apply to an agreement of two years or less.
2 If the use, commenced under an agreement referred to in paragraph 1, has lasted for more than two years, an agreement by operation of law on the conditions agreed between the parties, but for five years, which the already expired two years in Dec. Articles 291 to 300 of are on this agreement.
3 The legal effect referred to in paragraph 2 shall not, if the parties before the expiry of the two-year period under a different agreement that article 292, paragraph 1 or one deviating agreement, provided that the approval referred to in article 291 is requested before the expiry of the term of two years.
(4) If before the expiry of this term on the foot of article 291 acceptance of deviating terms is requested and the Court rejects this request, at the request of the landlord may also provide that the agreement is terminated and the time of the eviction. This finding is considered a conviction to clearance against that time.

Article 302 termination of the agreement by the heirs of the tenant or his spouse or registered partner, on the foot of article 229 paragraph 2 must be made on a period of at least six months. Article 293 (2), first sentence, and (3) shall apply.

Article 303 1 Both the tenant and the landlord can request a right the rental price, if this does not correspond to that of similar business space on site, will identify: (a) if the agreement for some time, at the end of the agreed duration;
(b) in all other cases, each time at least five years have passed since the day on which the last rent is entered or laid down by the parties on which the last rent is set by the judge.

2 to the further establishment of the rent, the judge on the average of the prices of comparable office space on site, which occurred in a period of five years preceding the day of setting the claim. Thus in the comparison to involve every rental price is resolved according to the general development of the price level since the date by which that rental price gold until that of setting the claim. So it is not possible the Court for the application of this measure to provide necessary information, makes the right an estimate on the basis of the available data, which he uses as a guideline that measure as much as possible.
3 the judge designates a claim for increase of the rent, in so far as it is based on improvements to the leased property, which have been made at the expense of the tenant.
4 If the Court determines the rent further, this with effect from the day on which it is advanced, unless he at the request of one of the parties, on the basis of the particular circumstances of the case a different effective date. He can also provide that the rental price over a period to be set by him not more than five years will be gradually adjusted.

Article 304 1 a claim for further rent determination shall be admissible only if it is accompanied by an advice on the detailed rental price, prepared by one or more parties jointly appointed experts in this area.
2 If the parties do not reach agreement on the appointment of an expert, shall appoint the judge this at the request of the most diligent party. If such a request is made, the day of the request for the application of article 303 paragraphs 1, 2 and 4 as the day on which the claim for further fixing of the rent is set.
3 the cost of the opinion are costs referred to in article 237 of the code of civil procedure; articles 195, 196, 199 and 244 of the code shall apply mutatis mutandis.

Article 305 1 The landlord who pursuant to a decision as referred to in article 13 or 15 of the housing facilities as referred to in article 243, paragraph 2, is also outside of the cases of article 303, paragraph 1 (a) and (b) the power to to by calculation of the cost of these facilities, as far as reasonable, appropriate to demand a rent increase. If the tenant and the landlord have been unable to reach agreement on the amount of the increase, can any of them down the hike by the right.
2 this article is, except on business premises within the meaning of article 290, also apply to a building or part thereof, if built this case or this section for the exercise of another company is rented than business premises within the meaning of article 290 is for.

Article 306 1 A sublet agreement of business space ends at the by the Court upon application of the landlord in accordance with Article 296 paragraph 5 shall head time of clearance.
(2) if the main tenant the subtenant not or not correctly informed about the period for which the capital lease is entered into, whether he is or upon the termination of the main rent and the determination of the time of insufficient clearance for the interests of the subtenant has taken, he is obliged to compensate the subtenant thereby suffers damage.
3 the main tenant against whom a claim is set by the head landlord, which affects the interests of the subtenant is entitled to call this into question.

Article 307 1 If transfer by the lessee to a third of it in the rented by the tenant itself or another company exercised is desired, the tenant can claim that he is authorised to that third party as a tenant in his place.
2 the Court decides taking account of the circumstances of the case, except that he can only assign the claim, if the tenant or the other that the business, a ponderous interest in the transfer of the holding and that he always rejects her, if the proposed tenant does not offer sufficient guarantees for a full performance of the contract and for a decent business.
3 the Court may connect to the authorisation, conditions or a burden.

Article 308 1 if the lessor, after the lease for its part has ended, by termination benefits as a result of the fact that the rented is then used for the performance of a company, similar to the former tenant or subtenant to sublet the company exercised there who bevoegdelijk is, can the former tenant or subtenant to sublet from the landlord who bevoegdelijk is to calculate a reasonable fee.
2 advantage, resulting from the nature or location of the rented goods or from the subsequent changes, for the purposes of paragraph 1 do not qualify.
3 The remuneration may not be assigned, when the rented for the exercise of the similar company is first used after since the end of the lease more than a year has passed Article 309 1 If a landlord to whom the rights and obligations under the lease on the base of article 226 are passed, this agreement by termination does end up in related to the circumstance that it is built with a view to the implementation of work in the general interest will be aborted, he is at the tenant and subtenant to whom bevoegdelijk for that transition is sublet, a compensation is due because of the loss of the chance that the rent ratio without this transition would have persisted.
2 the landlord is the compensation referred to in paragraph 1 shall also be due if the transition is done after the previous landlord has terminated the lease in connection with the fact that after the transition the built with a view to the execution of works in the public interest will be degraded. Is the property of the rented goods transferred after the lease was terminated by the termination, then the compensation payable by the owner to degradation.
3 A denunciation shall suspect related to the circumstance that it is built with a view to the execution of works in the public interest will be aborted if the breakdown within six years after termination.
4 Work to the achievement of a zoning plan for reconstruction of urban agglomerations, in any case be deemed to be in the public interest.
5 this article is, except on business premises within the meaning of article 290, also apply to a building or part thereof, if built this case or this section for the exercise of another company is rented than business premises within the meaning of article 290 is for.

Article 310 1 If a landlord to whom the rights and obligations under the lease on the base of article 226 applicable under a zoning plan, are passed on to the rented lying destination decomposes the judge upon application of the landlord the rental agreement as of a day.
2 the tenant and subtenant to sublet, a compensation claim who bevoegdelijk is. At its determination shall take into account the probability that the rent ratio without the transition would have persisted.
3 this article is, except on business premises within the meaning of article 290, also apply to a building or part thereof, if built this case or this section for the exercise of another company is rented than business premises within the meaning of article 290 is for.

Title 5. Tenancy section 1. General provisions article 311 Lease is the agreement in which one party, the landlord, is committed to the other party, the lessee, or part of a property in use to exercise of the agriculture and the tenant commits to a consideration.

Under article 312 agriculture means, getting as far as business: agriculture; Meadow construction; animal husbandry; poultry farming; Horticulture, including fruit growing and growing trees, flowers and bulbs; the growing of osiers and Reed; every other branch of bottom culture, with the exception of forestry.

Article 313 1 A hoeve is a complex consisting of one or more buildings or parts thereof and the associated country, ministering to the pursuit of agriculture.
2 What in this title is in relation to los country, including in relation to one or more buildings or portions thereof, which serve the exercise of agriculture.
3 If, however, one agreement between the same parties to los country and at another agreement one or more buildings or portions thereof are leased, are the provisions concerning leasing of having both agreements apply from the time when the last of the two agreements is closed.
4 under Homestead and los country are understood the related, not to the performance of the farming grounds including the serving itself thereupon standing wood rebellions.

Article 314 In this title, foster child means those who maintain and durable as own child is brought up.

Article 315 On the size of the leased that along a water is, articles 29 and 34 of book 5 shall apply, unless the grantor to a commit of the border in accordance with articles 30 to 32 of book 5 is bound to.


Article 316 1 the right of the tenant on the fruits of the leased thing is a pleasure right as referred to in article 17 of book 5.
2 the right of the tenant on the fruit includes the at the end of the lease still t standing fruits, in the absence of termination of the agreement by the Court provide otherwise.

Section 2. Form of the lease-agreement Article 317 1 the lease-agreement, the agreement to amend and that terminating a tenancy agreement must be entered into in writing.
2 as long as the agreement is not entered into in writing, the requesting party is the written record of it.
3 In the case referred to in the previous paragraph shall submit to the judge the agreement in writing with the understanding that void clauses, in accordance with the intentions of parties as much as possible, be brought into line with the law.

Section 3. Approval of the lease-agreement Article 318 1 the lease-agreement, the agreement to amend and that terminating a tenancy agreement require the approval of the ground room.
2 in respect of the agreement to terminate a tenancy agreement, the requirement of approval by the actual implementation of the agreement.

Article 319 1 the ground room approves the lease-agreement well unless: a. the tenancy price or the agreed remuneration, taking into consideration the further content of the agreement, is higher than under the provisions under articles 327 327 paragraph 1 and paragraph 3 393 respectively is admitted;
b. the other liabilities, resulting from the agreement for the tenant, should be considered as excessive;
c. the agreement would lead to inefficient or ineffective subdivision location of land compared to the industrial buildings or of the home;
d. the agreement, if it relates to country, which has been understood in an Exchange or reparcelling or which is situated in the IJsselmeer polders, would lead to: 1 °. a subdivision or a location of land compared to the industrial buildings or of the home, which is less efficient than the existing;
2 °. lower than the existing business size;
e. by the general interests of the agriculture agreement would be harmed; the ground room is under more empowered as harmful to the general interests of the country to build agreements, which would lead to: 1 °. a small business size, so that the entrepreneur full labour force on the company not productive;
2 °. use of the land for the purpose of obtaining ancillary income, other than for self-sufficiency;
3 °. increasing a company's expansion for the entrepreneur not by considering meaning, while in close proximity to one or more small companies in need of expansion;
f. the agreement contains provisions, which are in violation of this title.
(2) if the lease-agreement would lead to any of the offences referred to in the first paragraph, (c), (d) and (e) consequences, the ground room her approval, when refusal on the basis of special circumstances would be unreasonable or would be contrary to the agricultural importance. If the lease-agreement would lead to one of the effects referred to in paragraph 1 (d), the ground room Furthermore, its approval, when circumstances, located in the person of the grantor, the adoption in the interest of responsible business operations.
3 the provisions of paragraph 1 (c) and (e) with respect to the requirements under 1 °, 2 ° and 3 ° shall not apply to agreements with spouses or registered partners, blood or marriage in the straight line, foster children and fellow tenants.
4 to the review of the agreement to the provisions of paragraph 1 (e), the ground room not pay attention to the person of the tenant.
5 the provisions of paragraph 1 (c) and (d) and (e) with respect to the requirements under 1 °, 2 ° and 3 °, remains outside application, if from a statement of Mayor and aldermen of the municipality, in which the land is located, it turns out that this is included in an approved land use plan and a not to agriculture relative destination.
6 for the validity of provisions, which violates the law, on the adoption of the agreement by the land room not be invoked.
7 The finds in the preceding paragraphs shall apply mutatis mutandis with regard to the contract for the modification or termination of a tenancy agreement.

Article 320 1 If the ground the room lease agreement or the contract for the modification or termination of a tenancy agreement, amend the agreement on the point or points, which related to the provisions of article 319 (1) prevent the adoption, or she destroys her.
2 The agreement as amended by the ground room counts as an approved agreement between parties and. In the event of a change in connection with the provisions of article 319 (1) (c), (d) and (e), as well as in case of destruction controls the ground room if necessary the consequences.

Article 321 1, each of the parties is required the lease-agreement or the agreement amending a tenancy agreement within two months, after it has entered into, to the ground room to send for approval.
2 each of the parties is required the agreement to terminate a tenancy agreement within two months after it entered into, to the ground room to send for approval.
3 as soon as one of the parties to the requirement, is that of the other party shall lapse.
4 under article 317 (3) On the written agreement applies the ground room articles 319 and 320 of its own motion.

Article 322 1 if the provisions of article 321 paragraph 1, the landlord, as long as the lease-agreement by the soil room has not been approved, not a legal claim for payment of the lease price set against the tenant and the lease agreement is for an indefinite period of time, without that it may be terminated by one of the parties; the approval is granted, then the duration referred to in article 325 in rent at the beginning of the year, following that in which the agreement is submitted.
2 the ground room shall be empowered, in special cases, at the request of a party to determine, in the approval referred to in article 325 duration at an earlier time.

Article 323 1 to an agreement amending or – in so far as not already carried out – in fact, to an agreement to terminate a tenancy agreement, which is not yet through the ground room is approved, parties only so much bound, that they can not unilaterally withdraw.
2 If the agreement is not within two months, after she was made for approval is submitted, is the ground room entitled her to do pick up on a later date than was agreed, but not later than at the time of submission.

Article 324 1 those who intend a tenancy agreement or an agreement amending a tenancy agreement, shall have the authority a draft lease-agreement or a draft agreement amending a tenancy agreement for approval by the ground room.
2 the ground room assesses the draft agreement in application of article 319 members 1 to 5; they may make its approval conditional on changes, which they associated with the provisions of article 319 paragraph 1 considers to be necessary.
3 If, within two months, after the ground room or the Central Ground room a draft tenancy agreement or a draft agreement amending a tenancy agreement has been approved, an agreement will be entered, which is equal to the draft agreement, as it was approved, the ground room for approval.
4 On the application for approval of a draft lease-agreement can no longer be decided, after the person mentioned as such on the tenant in it as well is admitted.

Section 4. Duration of the lease-agreement Article 325 1 the lease-agreement is valid for a certain time. This time is twelve years for a farm and six years for los country.
2 a tenancy agreement may be entered into for a longer duration, provided that a specific termination date has been established.
3 a tenancy agreement may be entered into for a shorter duration, provided that a specific termination date has been established. The shorter duration requires the approval of the ground room, which either before entering into the agreement, whether in the assessment thereof may be granted.
4 the ground room gives its approval to the shorter duration only on the basis of the particular circumstances of the case and if the general interests of agriculture thereby are not affected. They shall indicate in its decision the reason of its approval. If special circumstances are not considered restrictions imposed by third parties, to the grantor.
5 the lease-agreement that applies to the duration of at least 12 years for a farm and at least six years for los country are hereby extended by operation of law with six years.
6 has the ground room a shorter term has been approved, no extension of right place, but the Court may extend the agreement upon application of the lessee for a period to be fixed by the Court on the grounds that the special circumstances referred to in paragraph 4 have not occurred and also can no longer occur. The claim must be lodged within a time limit set by the ground room in its decision. On the extended agreement, paragraph 5 shall apply.
7 has the ground room a term of one year or shorter accepted, then no extension.

Article 326


1 each time before the expiry of a lease period the tenant or the landlord to the ground room requests other provisions of the lease-agreement than with regard to the consideration to review.
2 the ground room shall review this, if the particular circumstances of the case that it is necessary and neither the General agricultural importance, nor a reasonable interest of the other party opposes.
3 the change goes into effect from the new lease period.
4 no change can be claimed on the basis of article 258 of book 6.

Section 5. Lease price Article 327 1 under or pursuant to order in Council are measures with regard to the highest operable lease price.
2 The measures referred to in paragraph 1, designed to promote lease rates, which in a reasonable relation to the business results at a fair business operations, on the understanding that in the determination of the reasonable interests of the grantor that regulate fellow.
3 taking into account the measures referred to in paragraph 1 may the ground rooms, each for her area, streeksgewijs, if necessary with regard to the lease price adopt by decision further. Such decision shall expire one year after the time of its entry into force.
4 these decisions require the approval of our Minister of agriculture, nature and food quality and are in the Dutch Government Gazette announced.

Article 328 1 in return can only be stipulated a lease price with or without additional obligations.
2 if tenancy price can only be stipulated an exclusively to time space and don't like the price of products or other factors subject to amount in Dutch money.
3 the ground room may, however, either before entering into the agreement at the request of one of the parties or in the assessment thereof, by way of derogation from paragraphs 1 and 2 respectively.
4 has the ground room it grants such approval granted or this in the assessment, then the agreed consideration by her assessed the scope of the provisions under articles 327 members 1 and 2.

Article 329 can be Stipulated that the burdens which the grantor as a result of land management on the basis of the Landinrichtingswet or the law décor rural area, of reconstruction on the basis of the reconstruction law Midden-delfland or of the reconstruction law concentration areas or of upgrading on the basis of the Herinrichtingswet East Groningen and Drenthe-Groningen peat colonies, are or will be imposed, in part at the expense of the tenant.

Article 330 1 Darko has claim to a reduction of the lease price on a tenancy or a tenancy year season, during which the proceeds of the company as a result of exceptional circumstances has been considerably less than was to be expected when entering into the agreement or the tenant while enjoying the temporarily leased in whole or in part has been missing.
2 to give no reason reduction: (a) a reduction in the price of the products of the company;
b. conditions which are attributable to the tenant or the consequences of which he could have reasonably by insurance or otherwise;
c. damage, which the tenant on another may stories.
3 the claim of the tenant shall cease to be in force six months after the end of the lease or the lease year season, about which the lease price is due.

Article 331 1 The landlord has claim to an increase in the lease price on a tenancy or a tenancy year season, during which the charges, which the grantor by bodies governed by public law are imposed because of extraordinary work, making all the leaseholders the benefit company, significantly higher than when entering into the agreement was to be expected.
2 the claim of the grantor shall cease to be in force six months after the end of the lease or the lease year season, about which the lease price is due.

Article 332 1 The landlord has claim to an increase in the lease price on a tenancy or a tenancy season, if he has carried out extraordinary work for their own account, making the company the lesser benefits, such that an increase in the lease price of the tenant may be required.
2 the claim of the grantor shall cease to be in force six months after the end of the lease or the lease year season, about which the lease price is due.

Article 333 1 the lease price is revised by operation of law in accordance with the change of the given under Article 327 (1). The landlord may, subject to written notice thereof to the tenant, in whole or in part by an increase, however, declines to be named.
2 Nevertheless, the tenant or the landlord may within a period of one year after the entry into force of an amendment to the regulations referred to in Article 327 (1) to the ground room requests the consideration to review. The ground room shall review this if reasonableness and fairness this desire or changed circumstances so warrant.
(3) without prejudice to the provisions of paragraphs 1 and 2, the tenant or the landlord before the expiry of a period of three years to lease the ground room requests the consideration to review. The ground room shall review this if reasonableness and fairness this desire or changed circumstances so warrant.
4 The review referred to in paragraphs 1 and 2 is going in as of the lease year following the time any change of the regulations referred to in Article 327 (1) entered into force. The review referred to in paragraph 3 goes in as of the new three-year period.

Article 334 [expired per 01-01-2012] article 335 under article 258 of book 6, no change of the consideration or of the remuneration be advanced.

Section 6. Obligations of The grantor the grantor Article 336 is mandatory at the disposal of the tenanted to let the tenant and as far as that is necessary for the agreed use.

Article 337 1 The landlord has with respect to defects of the tenanted obligations provided for in this section.
2 a defect is a State or property of the tenanted case or another not attributable to the tenant, making the case to the tenant not the pleasure can provide that a tenant when entering into the agreement would expect from a well maintained thing of the kind as to which the contract relates.
3 an actual disorder by third parties without claim of right referred to in article 344 and an assertion of right without actual disorder, are no defects within the meaning of paragraph 2.

The rights arising from article 338 of this section of the tenant to this far, without prejudice to any other rights and claims.

Article 339 1 The landlord is required to remedy defects on desire of the tenant, unless this is impossible or requires expenditure which, in the circumstances of the grantor to take are not reasonably.
2 this obligation does not exist with regard to the small repairs to the provision of which the tenant is obliged, under Article 351 and with regard to faults for which the tenant is liable to the grantor.
3 the grantor Is in default in the correction, then the tenant can carry out this remedy and costs incurred, insofar as such costs were reasonable, on the grantor stories, if desired, by deduction from the rental price.

Article 340 1 can in case of reduction of the tenant lease pleasure as a result of a lack of a proportional reduction of the lease price progressing of the day when he has knowledge of the defect properly given to the grantor or to which it was already sufficiently known to lack measures, up to the date on which the defect has been fixed.
2 The lessee has no right to lease reduction in respect of defects which he forces Article 351 is required to remedy, or for which he is liable vis-à-vis the grantor.

Article 341 without prejudice to the consequences for non-compliance with the requirement of article 339 is the landlord for compensation for the damage caused by a lack of mandatory, if the defect after the agreement has been created and is attributable to him, as well as if the defect was present when entering into the agreement and the landlord knew or had to know when the , or then to the leaseholder has indicated that the case had not the defect.

Article 341 342 article cannot be derogated from to the detriment of the lessee, as far as defects that the landlord in entering into the lease-agreement knew or had to know belong.

Article 343 1 if a defect that the landlord is not required to remedy under article 339, the pleasure that the tenant is entitled to expect a whole impossible, is both the tenant if the landlord shall be entitled to use the agreement on the base of article 267 of book 6.
2 an obligation of one of the parties, for damages in respect of a defect shall extend to the end of the agreement pursuant to paragraph 1 by damage caused.

Article 344 1 When against the tenant eviction proceedings are initiated by a third party to or for the grant of a law with which the tenanted pursuant to the lease-agreement not grantor is the authority, after notification by the lesser held in the proceedings to come in order to defend the interests of the tenant.
2 The landlord the tenant must reimburse all costs incurred by this claim, however, does not immediately if the notification has been made, only the costs incurred after the notification.

3 when a claim against the onderpachter on the ondergepachte is set by the head landlord, the preceding paragraphs shall apply mutatis mutandis to the onderverpachter.

Article 345 1 The landlord is required to rebuild by fire or storm tenietgegane stalling, in so far as the reconstruction necessary for carrying out the company on the leased. This obligation does not exist, if the lease-agreement for shorter than the lawful term applies and is also not for the onderverpachter.
2 the ground room can the landlord at his request, either before entering into the agreement, whether at a review, exempt from this obligation, if the stalling not on reasonable terms for the rebuilding value can be insured or plausible, that extinction of the obligation to the stalling reconstruction pursuant to the first sentence of paragraph 4 will expire.
(3) if the grantor, although the stalling on reasonable terms for the rebuilding value can be assured, not or not adequately against fire or storm damage is insured and not otherwise security will honour the obligation referred to in paragraph 1 to the tenant at his request, the Court may authorize an insurance or an additional insurance for a period not exceeding the duration of the lease period to close running and the premium to be paid by the landlord to pay. As concerns the conclusion of an additional insurance, it must be closed with the insurer whose buildings are insured, unless the Court in its order provides otherwise. Under insurance for the rebuilding value means a insurance to such amount, which thereby to meet the obligation defined in paragraph 1, first sentence.
4 the obligation of the landlord to reconstruction shall lapse if the reconstruction, the general interests of agriculture or the particular circumstances of the case into consideration, the landlord cannot reasonably be demanded. If the tenant is liable for the damages caused by fire, the obligation of the landlord to reconstruction suspended, as long as the tenant farmer to his obligation to compensate has failed.

Section 7. Obligations of the leaseholder Article 346 Dari is mandatory the consideration in the agreed manner and times.

Article 347 The leaseholder is required in respect of the use of the leased to behave as a good tenant.

Article 348 1 The tenant does not have the destination, décor or flesh of the leased to change than in whole or in part upon written consent of the landlord, except for changes and additions which at the end of the tenancy without significant cost can be undone and removed.
(2) if the landlord does not grant the permission, the leaseholder on the ground room ask permission to make the changes. If the grantor is not also the owner, usufructuary or lease holder of the matter is, the grantor shall ensure that also the owner, usufructuary or timely lease holder in question is called. If there is a mortgage on the matter rest, also this obligation with regard to the mortgage holder.
3 the ground room gives only, if the changes are necessary for the efficient use of the leased by the tenant and no weighty objections on the part of the grantor resist applying it.
4 The land room can connect to the authorisation, conditions or a burden. They may, at the request of the grantor if the lease price increase, the changes.

Article 349 1 The tenant is responsible to the clearance by him made changes and additions, which it leased in the State, which at the end of the lease is reasonably in accordance with the original can be considered.
2 The lessee is not required to undo unauthorized changes and additions, without prejudice to the power of the Court to put him on the foot of article 348 (4) the obligation to do this before the evacuation of the leased.

Article 350 1 At the end of the tenancy the landlord is required to determine a reasonable compensation to the tenant for the leased by the tenant to the made changes and additions that an improvement.
2 this fee may not exceed the amount by which the value of the leased at the end of the lease is increased as a result of the improvements that have been made. The allowance is made lower as the fruits of the improvements the tenant already has.
3 the fee can only be claimed if the tenant to the landlord, giving its estimated cost, written communication of the intended improvement has done and either the landlord are not within one month after receipt of the communication, resistance, either at the request of the lessee the right to the application of the improvement has been authorized.
4 On the application for authorisation (2) and (4) the first sentence of article 348 shall apply mutatis mutandis.
5 the claim for reimbursement of the improvement can be set no later than three months after the end of the tenancy agreement.
6 The tenant cannot claim for compensation for improvements soils on article 212 of book 6.

Article 351 The leaseholder is required to carry out the small repairs on his expense only if it is necessary due to the failure of the grantor in the fulfilment of his obligation to the correction of defects.

Article 352 1 The lessee is liable for damage to the leased that is caused by him falling short of the attributable to fulfil an obligation from the lease-agreement.
2 all damage, apart from fire damage, is suspected to have originated by a him attributable shortcomings referred to in paragraph 1.
Article 358 (3) without prejudice to paragraph 2, the tenant had received the suspect rented in good condition.

Article 353 The tenant is liable to the landlord for own behaviors in the same way as liable for the behaviour of those who find the use leased or with its well itself with its good find on it.

Article 354 1 if during the lease-urgent work on the leased must be performed or the grantor pursuant to article 56 of book 5 something has to allow for a neighboring yard, the tenant must give the opportunity, without prejudice to its claims to reduction of the lease price, on dissolution of the lease-agreement and on compensation.
2 The grantor is not entitled to make improvements on or to the tenanted then after written consent of leaseholder.
3 If the leaseholder does not grant the permission, the landlord can ask permission to the ground room to make the improvements.
4 the ground room gives only, if the improvements are necessary for the efficient use of the leased and no weighty objections on the part of the tenant opposed the application thereof.
5 the ground room can connect to the authorisation, conditions or a burden. They may, at the request of the tenant or the landlord the rental price revised if the improvements.

Article 355 The leaseholder is not then with written consent of the grantor authorized to onderverpachting.

Article 356 if the tenant farmer defects to the leased disturb him in his pleasure discovered or third parties or any right to the leased claim, he shall, without delay to the landlord announced, failing which he is required to the landlord to compensate the damages caused by the negligence.

Article 357 if the grantor to lease or rental at the end of your current lease or to sale of the leased to the lessee is obliged to put up with that, go to the leased to the leases, the usual notifications of for rent or for sale are to be made, and to interested parties an opportunity to present to viewing.

Article 358 1 Dari is required at the end of the lease the leased again in good condition available to the landlord.
2 If between the tenant and the landlord a description of leased buildings is laid out, the tenant is obliged to deliver in the same condition in which these buildings according to the description are accepted, with the exception of lawful changes and additions and what old age is extinguished or damaged.

Article 359 keeps the tenant after the end of the lease the leased unlawful among themselves, then the landlord about the time the leased fog, a fee equal to the lease price, without prejudice to claim, if its damage over this fee amounts, are entitled to this multiple.

Article 360 1 The judging from and emerging leaseholders are required to each other over and over again with all that convenience, which is required to be disclosed to the involvement and leaving it leased to make it easier, both in terms of the use for the next year, the inoogsten of yet t standing fruits and associate the buildings and otherwise.
2 to this matter The negligent tenant is both vis-à-vis the other tenant and the landlord for damages.

Section 8. Transition from the lease in case of transfer of the tenanted business Article 361


1 transfer of the case to which the tenancy agreement and establishment or transfer of the independent right of usufruct, lease or vicious on the case which the tenancy agreement, the landlord do the rights and obligations of the grantor from the lease-agreement, who then pass on the purchaser, are due and payable.
2 Transfer by a creditor of the grantor is with transfer by the grantor assimilated.
3 the transferee is bound only by those clauses of the lease-agreement, which immediately related to the do have the use of the case against a tenant to pay compensation.

Article 362 In case of establishment or transfer of a limited right on the tenanted business, which does not fall under article 361 member 1 is understood, the entitled vis-à-vis the lessee is obliged to refrain from an exercise of that right, that the use by the tenant.

Section 9. Lease purchase Article 363 1 Dari may address the Court with the claim spouse or registered partner, one or more of his blood relatives in the straight line, one or more of his foster children or one or more of their fellow tenants – or two or more of these joint – in its place as tenant.
(2) if the lessee a claim as referred to in the previous paragraph, has done is the landlord responsible to the courts with the claim one or more others of the stakeholders mentioned in the previous paragraph in the place of the leaseholder.
3 equity Court, subject to the other provisions of this article.
4 the Court shall reject the action, if, on the basis of the provisions laid down in article 319, paragraph 1 (d) and (e), first phrase, and having regard to the provisions of article 319 (2) and 5, the approved a new lease agreement would be remembered.
5 the Court shall reject the action if the proposed tenant not sufficient guarantees for a fair business operations.
6 If the Court should reject the claim, because on the basis of the provisions laid down in article 319, paragraph 1 (d) and (e), first phrase, the approved a new lease agreement would be remember, is he competent to change the lease-agreement on the point or points, which would prevent approval. The provisions of article 320 paragraph 2 shall apply mutatis mutandis.
7 the Court may allocate the claim subject to the fulfillment of such conditions, if he is in the interest of the grantor considers necessary.
8 if the lease agreement pursuant to the in the sixth paragraph, against the will of the proposed lessee is changed, it can, provided that, within one month of the day of the judgment, of the substitution refrain by a notification by registered letter to the landlord. In that case the proposed tenant no job open.

Article 364 1 Dari may address the Court with the claim spouse or registered partner, one or more of his blood relatives in the straight line or one or more of his foster children – or two or more of these joint – as fellow tenant.
2 the provisions of article 363 paragraphs 3 to 8 shall apply mutatis mutandis on the understanding that each proposed tenant» instead of «is replaced by the following: «proposed fellow tenant».

Article 365 1 the Commission pachter, who do not or no longer personally involved in the operation of the leased, may address the Court with the claim for the lease to be fired. The right equity with the understanding that he assigns the claim, unless the interests of the landlord or tenant of the Commission thereby seriously would be harmed.
2 The grantor may address the Court with the claim the fellow tenant who do not or no more personally involved in the operation of the leased, to dismiss from the tenancy. The second sentence of the first paragraph shall apply mutatis mutandis.
3 the Commission tenant may address the Court with the claim to dismiss the other sharecropper the lease on the ground that the relationship a common business operations seriously hindered.

Section 10. Terminating the lease-agreement Article 366 1 the death of the tenant or the landlord does not terminate the lease.
(2) if the heirs of the tenant are not entitled to use the leased to another in giving, they can for six months after the death of their deceased the agreement on a period of at least six months at writ or by registered mail.
(3) If a tenant fails to file two or more heirs, the landlord is obliged to cooperate with the allocation of the rights and obligations of the deceased tenant from the lease-agreement by the joint heirs to one or more of them, unless the grantor against one or more of the persons concerned has reasonable objections.

Article 367 1 the contract by the end of each period referred to in article 325 be terminated by any of the parties.
2 the cancellation must be made at writ or by registered letter. The term of notice shall be at least a year.
3 no termination is required, if the termination takes place by mutual consent, after the lease-agreement is achieved.

Article 368 A termination by the landlord is void, if it is not the grounds mentions that have led to termination.

Article 369 1 if the tenant within six weeks after the notice of termination to the landlord on or communicated by registered letter to object against the cancellation stating the grounds on which he bases this resistance, the cancelled contract, in force until the Court has decided on an advancement of the grantor irrevocably referred to in paragraph 2. However, the Court may, if the defence of the tenant him clearly unfounded, are assigning judgment provisionally enforceable.
(2) if the tenant in accordance with the first paragraph has done in a timely manner against the termination, the landlord on the grounds mentioned in the cancellation request a judge will determine the time when the agreement will end.

Article 370 1 the Court may only assign the claim on the ground that: a. the business operations by the tenant has not been as befits a good tenant or the tenant otherwise serious serious misconduct in the performance of its obligations;
b. the grantor establishes that he, his spouse, registered partner, or a blood-related in the first degree or a foster child the tenanted durable in use and he wants to take the tenanted to desperately needs;
c. a reasonable assessment of the interests of the landlord upon termination of the agreement of the lessee upon renewal of the agreement for the benefit of the grantor;
d. the tenant not meets a reasonable offer to enter into a new lease agreement, as far as this offer not a modification of the lease price;
e. overall to the grounds for dissolution of the lease-agreement under article 377 have been complied with.
2 under the sustainable use within the meaning of paragraph 1 (b) is not understood alienation of the tenanted.

Article 371 1 In the case referred to In paragraph 1 (d) of article 370, the Court may allow the tenant a term of not more than a month to the offer to enter into a new agreement to accept it.
2 the offer a new agreement for a shorter duration than those provided for in article 325 (1), then the Court may designate the offer only if reasonable, if the particular circumstances of the case so warrant and the general interests of the agriculture are not affected. Article 325 (4), second and third sentences, shall apply mutatis mutandis. If the tenant accepts the offer, article 325 paragraphs 6 and 7 shall apply mutatis mutandis to the acceptance by that agreement.

Article 372 1 if the court assigns the claim, also the time of the eviction. The allocation is considered a conviction to clearance against that time.
(2) if in the tenanted business buildings are understood the judge in his decision to allocate a figure that the landlord to the tenant have to pay in compensation for his moving and furnishing costs. Article 297 (2) and (3) shall apply mutatis mutandis.

Article 373 1 if the agreement has been cancelled on paragraph 1 (b) or in article 370 e soils and the tenant referred to in the termination of the agreement has consented or the claim for termination of the contract on that ground is assigned, the grantor is liable to the tenant for damages, if the will to tenanted personally in sustainable use or to the use referred to in article 377 tenanted in reality is not present.
2 the absence of proof to the contrary shall be deemed not to have been present is who wants to, if not within a year after the end of the lease-agreement the tenanted by the landlord or by the spouse or registered partner, by a blood or related in the first degree, or a foster child of the grantor in sustainable use is taken or to the intended destination is given in article 377 tenanted.
3 The Court is authorised at the request of the grantor or on its own initiative in its decision referred to in article 372 an amount to provide that the landlord to the tenant have to pay, if later it appears that who wants to be in reality is not present, without prejudice to the right of the tenant on further fee.

4 the claim of the tenant for damages or to pay the amount referred to in paragraph 3 shall expire five years after the end of the tenancy agreement.

374 article the Court may, either at the request of one of the parties or on its own initiative on the basis of the fairness the claim only for a portion of the tenanted. In that case, the Court reduces the applicable consideration accordingly. In that case the leaseholder can terminate the agreement for the other at the time of the end of the lease in respect of the first mentioned area. He shall notify the grantor by registered letter within a month after the judgment has become untouchable.

Article 375 (expired) article 376 1 dissolution of the lease-agreement on the ground that the tenant is guilty of serious misconduct in the performance of its obligations, can only be made by the judge, except in the case of article 343 paragraph 1. The lessee shall in any case be deemed to be guilty of serious misconduct in the performance of his obligations if he a. it leased for the performance of agriculture no longer used, or b. in the lease contract beheersverplichtingen to preserve on the fails to comply with or to present leased nature values, these natural values otherwise damage inflicted.
(2) if the tenant with the performance of its obligations is in default, the Court may require a relatively short term him on his award to still fulfil its obligations.
(3) the Court may at the request of the landlord, before deciding on the application for dissolution, a research commands to the compliance by the lessee of his obligation to maintenance of and, if this research, to the tenant such a indication, perform this obligation by the circumstances, provide this with establishing a period within which that information must be followed.
4. If the tenant fails to follow the instructions within the stipulated time frame, this as a shortcoming as referred to in paragraph 1, unless the tenant establishes that this failure cannot be attributed to him.

Article 377 1 if the landlord wants to be appropriated for the tenanted or portion thereof not to agriculture relative purposes, and that destination is consistent with the public interest, the judge at the request of the grantor decomposes the lease-agreement in whole or in part as of a to determine pronunciation in the day. The intended destination is deemed to be in accordance with the public interest, if it is in accordance with a final zoning plan.
2 At dissolution for a portion of the tenanted right reduces the consideration accordingly. The tenant in that case be entitled to demand the lease-agreement for the other end on the date referred to in previous paragraph. He shall notify the grantor by registered letter within a month after the judgment has become final.
3 If the Court the lease-agreement pursuant to paragraphs 1 and 2 decomposes, it condemns the landlord to compensate the tenant about the time, which the tenant for non-dissolution pursuant to the lease-agreement still on it had leased.
4 If the lease-agreement for the products referred to in article 325, paragraph 1 or 2 applies, entered into or duration referred to, or for a shorter duration is entered into, but afterwards for six years has been extended, the determination of the compensation to take into account the possibility, that the lease-agreement would be extended. In assessing the possibility of extension, the Court does not take into account the intention of the grantor or a portion thereof to be appropriated for the tenanted not to agriculture relative purposes.
5 the provisions of paragraph 4, first sentence, no application, if the lease relationship is started, after the tenanted at a zoning plan to agriculture relative not a destination. In this case, the lease-agreement in connection with a farm or los country, which is entered into for six years longer than twelve, respectively, for the determination of the compensation shall be deemed to have been entered into for twelve or six years, with the understanding that, if the dissolution takes place after that period, the agreement is supposed to be extended each time for six years.
6 If, however, the tenanted since a time, lying for the decision establishing the zoning plan referred to in paragraph 5, successively in persons who at the time of the succession in the use to the previous user in any regard in article 363, first paragraph, mentioned were personal has been in use for a relatively to the agriculture purpose, the provisions of paragraph 2 shall apply.
7 If the lease-agreement pursuant to article 322 indefinitely, for the calculation of the compensation based on the agreed duration, but in the event the agreement is entered into for an indefinite period of time, never a longer than the duration in article 325, paragraph 1, referred to. For the calculation of compensation shall in like manner as in respect of tenancy agreements, to which article 322 does not apply, assumed that the lease-agreement could be extended; paragraph 4, second sentence, fifth and sixth member, shall apply mutatis mutandis.
8 in the calculation of the compensation is not considering actual changes that apparently have been made to increase the compensation.
9 article 373 shall apply mutatis mutandis.

Division 11. The pre-emptive right of the tenant to The landlord that Article 378 1 alienation of the tenanted or part of them wants to pass, is required the tenant under a tenancy agreement approved by the ground room that for at least the lawful term has entered or is entered into for a shorter duration, but afterwards for at least six years has been extended , preferably in the right that he intends to offer to obtain, in accordance with the rules of this section. Be understood under alienation transfers of ownership or establishment or transfer of leasehold, vicious or usufruct.
2 The grantor gives its intention to alienation with an indication of the price at writ or by registered letter to the tenant.
3 The tenant gives one month after the notice to the grantor by registered letter or also writ he or, if agreement is reached on the price, prepared owns or lease holder, opstaller or usufructuary.
4. If the tenant is not within the term provided for in article 378 (3) explains, it is prepared to do that in paragraph 1 of article 378 certain for one year after expiry of the time limit does not apply.
5 In that period, alienation, otherwise than in public, not be made at a price below the price paid by the landlord in his notification referred to in paragraph 2 of article 378.

Article 379 1 if no agreement is reached on the price, can the landlord the land the market value of the tenanted room requests or to alienate part of it to value it.
(2) if the landlord, after the request is irrevocable decided, is willing to alienate the tenanted or the part thereof against the assessed value or a lower price to the tenant to alienate, he gives to exploit or registered letter knowledge to the tenant.
3 If the tenant is not rectified within one month after the release of the writ or dispatch of the registered letter has accepted the offer on or registered letter, in paragraph 1 of article 378 is certain for one year after the expiry of that period does not apply. Article 378 (5) shall apply mutatis mutandis on the understanding that the sale should not be made at a price below the price referred to in the previous paragraph.
4. If the landlord the notification, referred to in paragraph 2 has not done so within a year after on the request for valuation is irrevocable decided, the provisions of article 378 and next again.

Article 378 (1) The obligation referred to in article 380 1 does not exist: a. in the case of sale under statutory provision or under an order of the judge and of sale;
b. when the grantor proceeds to alienation to his spouse or registered partner, on a blood or related in the straight line or in the lateral line up to the second degree or to a foster child;
c. in case of an act as a distribution of a community is to find fault;
d. in case the judge upon application of the landlord finds that this a serious has reason not to allow the tenant owner or usufructuary lease holder, or opstaller.
e. in case the person to whom the alienation takes place, in advance and in writing to the tenant declares to waive its jurisdiction the tenancy agreement on paragraph 1 (b) referred to in article 370 ground.
2 nor the obligation referred to in article 378 (1), when the ground room at the request of the grantor has established that this is a serious reason to not allow the tenant owner or entitled to be limited. If serious reason is increasingly considered the fact that the tenant is a bad country user.

Article 381


1 paragraph 1 obligation in article 378 moreover not, when and in so far as the tenanted is located in a wide land use plan, in which a given destination is other than agricultural. At the request of the Mayor and Councillors explain in writing, or grantor in such a plan whether or not a destination to the agricultural tenanted.
2 nor the obligation referred to in article 378 (1), when the landlord proceeds to alienation of the tenanted to a third and the ground room, at the joint request of the grantor and those third has established, that is plausible, that the third the tenanted for other than agricultural purposes will be using or do use.
3 The obligation referred to in article 378 (1) exists nor, as far as the tenanted is located in an area for which a structural vision as referred to in article 2.1 of the spatial planning Law is established and the landlord pursuant to the provisions of articles 2, in conjunction with article 4, paragraph 1, point (a), 10 to 24 of the preemption Law or Article 9a , paragraph 1 or 2, in conjunction with article 4, paragraph 1, point (a) of that Act proceeds to the alienation of the tenanted to the municipality or the county or the State.

Article 382 The landlord is obliged to, prior to public sale of the tenanted is passed, except in the case of sale the tenant at least one month for the sales at exploit or registered letter to give knowledge thereof.

If the grantor has acted in breach of Article 383 with article 378 379 378 paragraph 5 or paragraph 1, paragraph 3, the transferee of the tenanted under special title the agreement only on the ground referred to in subparagraph (b) in article 370 (1) unsubscribe, after twelve years have passed after the end of the lease last year, in which the grantor the grantor is followed.

Article 384 1 Dari that his right of preference has used and got for that purpose within a period of 10 years after that acquisition partly or completely alienates grantor, to the compensation referred to in the second to fourth member.
2 the fee amounts to the difference between the price that is paid for by the tenant got and its value in rent free State at the time of the acquisition.
(3) if the value in rent free State at the time of the alienation by the leaseholder is less than the value in rent free State at the time of the acquisition, by way of derogation from paragraph 2 the fee amounts to the difference between the price that is paid for by the tenant got and its value in rent free State at the time of disposal.
4 The compensation referred to in the second and third member takes each time off with ééntiende share for each year that passed is reckoned by the acquisition by the tenant and also decreases in proportion in the case of alienation of a part of the object.
5 the provisions of the first paragraph shall not apply: a. If the alienation takes place to the spouse or registered partner of the tenant, to one or more of his blood or marriage in the direct line, to one or more of his foster children or to one or more of the fellow leaseholders, it being understood that if it within the period referred to in the first paragraph to total or partial disposal of the object passing the compensation referred to in the first paragraph, they are due;
b. If the transfer occurs by one or more of the blood or marriage in the straight line of the tenant or by one or more of his foster children to one or more of their relatives in the straight line or foster children, it being understood that if the latter within the period referred to in the first paragraph to total or partial disposal of the object passing the compensation referred to in the first paragraph, they are due.
6 for the purposes of this article, alienation also means any agreement or other transaction in any form and under what name entered into or carried out, with a view to passing the got, which otherwise should be assumed that they would not have been entered into or would have done if the compensation referred to in the first paragraph would not his due.

Department 12. Special lease agreements paragraph 1. Lease by public bodies Article 385 If the Empire, a province, a municipality, a legal personality, possessing body referred to in the law common rules, a water board, a veenschap or a peat polder to their need or in property belonging to a destination country not to loose the agriculture relative purposes of public utility, they can approve requests to the ground room , that at lease of such land in the agreement or such los need one or more of the following clauses will be included: a. that the agreement notwithstanding article 325 (1), second sentence, applies to the agreed time;
b. that the extension will not take place, if and to the extent that the grantor on or registered mail no later than six months before the expiry of the term for which the lease contract is terminated the agreement on the ground, that the extension is incompatible with the intended purpose of the tenanted;
c. that the leaseholder will be responsible not to the ground room to ask permission destination, décor or flesh of the leased to change;
d. that the agreement can be terminated at any time by the grantor, if and insofar as the destination the termination to his judgment.

Article 386 the ground shall examine only the destination or the circumstances reasonably necessary. It does not occur in a review of this destination.

Article 387 1 In case the lease-agreement is not renewed on the basis of the circumstances referred to in point (b) of article 385, the tenant has no right to compensation.
2 In the event of termination under the circumstances referred to in article 385, (d), the lesser right to compensation over time, which he at non-termination pursuant to the lease-agreement still on it had leased.
3 in the case of partial termination is the lesser authorized the lease-agreement also for the other end. He shall notify the grantor by registered letter within one month of termination, as referred to in article 385 (d).

Paragraph 2. Lease within reserves for the purposes of Article 388 In this section «reserve» an area where the property or the ground lease of agricultural land by the State, a public law legal person or a designated by Royal Decree terreinbeherende private nature conservation organisation is acquired and where can a management focused on nature and landscape conservation purposes other than by means of an agreement to be concluded for that purpose on addressing the management of agricultural companies on purposes of nature and landscape conservation.

Article 389 1 In a tenancy agreement with respect to a farm or country located in a reserve, you may experience one or more obligations are included which have the structure and business operations to focus on the conservation of nature and landscape.
2 Not as excessive obligations referred to in article 319, paragraph 1, part b, those obligations means: a. that are part of a tenancy agreement with respect to designated by Royal Decree by the State or a private terreinbeherende nature conservation organisation owned or leasehold acquired plots of land, located in a park, b. that are desired in relation to the conservation or development of the present on the land values of nature and landscape and c. for which to the agreement a fee is stipulated.

Article 390 if application has been given to article 389 derogation to the extent that the provisions of article 325, the lease-agreement for both a farm as los country for a period of six years.

Article 391 1 if application has been given to article 389 is the lease-agreement by way of derogation from article 325 each time with six years renewable.
2 the Court may claim referred to in article 370, except on the grounds referred to also assign, on the ground that the grantor with respect to the maintenance or development of the present values of nature and landscape on the country a wants to enter management in such a way that further leases are not in accordance with the. At all assignment grounds he holds into account the fairness with regard to the special nature of the lease-agreement.

Article 392 the ground room shall review the provisions referred to in paragraph 1 of article 326 of the tenancy agreement, if this is desired in order to contribute to the conservation or development of the present on the land values of nature and landscape.

Article 393 1 the fee pursuant to article 389 (2) (c) is stipulated, shall not be considered as tenancy price.
2 The fee may not exceed the rental price as contained in a lease-agreement approved by the soil room.
3 by order in Council are further measures with regard to the highest allowable fee.

The tenant or the landlord can 394 1 article to the ground room requests the costs referred to in paragraph 2 (c) to review article 389 a. tenancy before the expiry of a period of three years;
b. within a period of one year after entry into force of an amendment to the regulations referred to in article 393 paragraph 3.

2 the ground room shall revise the fee, if reasonableness and fairness this desire or changed circumstances so warrant.
3 If the request with application of the first paragraph, point (a) is submitted, the review of the fee by the ground room with entrance to the new three-year lease period.
4 If the request with application of the first paragraph, (b) is filed, the review of the fee by the ground room in as of the lease year following the time when the review of the regulations referred to in article 393 (3) entered into force.
5 Are the regulations referred to in article 393 paragraph 3, revised after the time at which the ground room has decided, then decide the Central Ground room in accordance with this, if one of the parties so requests.

Paragraph 3. Lease of minor surfaces Article 313 (2) 395 1 articles 317-329, 332, 333, 350, 348 paragraphs 2 – 4, 363, 364 and 366 – 384 do not apply to tenancy agreements on los country that does not exceed one hectare.
2 the ground room is responsible either for her entire resort or for a portion thereof, by Council decision for a particular branch of bottom culture referred to in the preceding paragraph to reduce surface, but not to less than 50 acres. The decisions of the ground room are in the Dutch Government Gazette published.
3 this decision shall require the approval of our Minister of agriculture, nature and food quality.
4 agreements, in any form and under what name entered into which cause by one party to the other party, – including natural or legal persons who exercise in a partnership a farm – against payment of a consideration in use is given in the exercise of los country agriculture, apply for the purposes of this article as one agreement. For the application of this article shall be taken into account as one agreement that agreements for which it is to be adopted on the basis of facts and circumstances that they do not or for another area would be closed if the surface borders referred to in this article would not have been.

Paragraph 4. Tenancy and liberalised lease Article 396 1 cultivation Articles 313 (2) 318 – 325, 327, 328, 332, 333, 363, 364, 366-374 and 378 – 384 do not apply to tenancy agreements on los country: a. which parties have determined that in the lease-agreement;
b. entered into for one-or two-year crops for the duration of up to one or two years;
c. entered into for crops for which crop rotation is necessary, and d. which incidentally is complied with the provisions of the second and third paragraph.
2 the lease-agreement as referred to in the first paragraph shall be by one of the Parties sent for registration to the ground room.
3 The submission for registration shall be made within two months after the lease contract is to have taken place. The entry shall be carried out with application of the Law in the ground rooms prescribed formalities for an application for approval of a lease agreement and shall be submitted to the ground room which has jurisdiction in respect of such a request. The Secretary of the ground room does each party communication from a registration.
4 If the grantor for the benefit of a onderverpachting in accordance with the provisions of the first paragraph the authorisations referred to in Article 355 not grants, the lesser the ground room ask permission to the desired onderverpachting. The ground room grants this permission, when onderverpachting by the General agricultural interests and no reasonable interest of the landlord opposes. The ground room can connect to the authorisation, conditions or a burden and may at the request of the grantor the consideration by way of derogation from paragraph 1, the measures referred to in Article 327 revised if the agreed consideration at the onderverpachting.

Article 397 1 the provisions of Articles 313 (2) (a), (c) and (d) paragraph 1 319, 325, 327, 328, 332, 333, 374, 378 to 363 to 384, 399a 399c and paragraph 1 shall not apply to tenancy agreements on los country: a. which parties have determined that in the lease-agreement and b. that are entered into for a period of six years or less.
2 the provisions of article 313 (2) paragraph 1 (c) and (d) 319, 325, 363 to 374 to 378 and 384 do not apply to tenancy agreements on los country: a. which parties have determined that in the lease-agreement and b. entered into for a period longer than six years.
3 the ground room option referred to in article 320 of its amending the lease-agreement use only, if thereby continues lease-agreement referred to in this article.
4 by order in Council may provide that on the lease agreements as referred to in paragraph (a), paragraph 1 also articles 319 327, 328, 332, 333, 399a and 399c, paragraph 1 shall apply. The order in Council does not occur earlier than eight weeks after the date of issue of the Official Gazette in which he is placed. The placement shall be immediately communicated to both rooms.

Article 398 1 an agreement as referred to in articles 396 and 397 is not legally extinguished by the death of the landlord or the tenant.
2 after the death of the tenant continues putting his spouse or registered partner, one or more of his blood or marriage in the straight line, one or more of his foster children or any fellow tenant or onderpachter the agreement referred to in paragraph 1, unless the grantor after the death of the tenant is informed that it is waived in writing.
3 A communication as referred to in paragraph 2 shall be carried out: a. within one month after the death of the tenant, as far as an agreement as referred to in article 396;
b. within three months after the death of the tenant, as far as it concerns an agreement as referred to in article 397.

Section 13. Mandatory law Article 399 of the provisions of articles 311 to 314, 317, 332, 335 to 345, 347, 348, 350, 353, 354 352 (3) paragraphs 2 – 5, 360 to 383, 384, 389 (2) paragraphs 2 and 3, 390 to 394 395 396, paragraph 4 and article, paragraphs 2 to 4 , and article 398 cannot be derogated from to the detriment of the lessee.

Article 399a void each term in a lease-agreement, pursuant to which the pecuniary charges, which the grantor by bodies governed by public law are or will be imposed in whole or in part at the expense of the tenant.

Article 399b If a tenancy contract is under the condition that the agreement in whole or in part by the ground room unchanged will be approved, this condition shall be deemed not written.

Article 399c 1 a term in which a landlord, if the ground respectively the Central Ground room room the lease-agreement or an agreement amending a tenancy agreement has determined, pursuant to this law then negotiates a higher contribution is lawful, is void. Under the consideration stipulated or performance, be enjoyed by any other with the lease-agreement-related agreements, partly understood.
2 a term in an agreement between a tenant and a judging by the ascending, related with the transition of the company, in which more than reasonable compensation is stipulated for the service provided, is void.
3 a contract term of the provision of mediation or other services when concluding a tenancy agreement or a contract for the modification or termination of a tenancy agreement has been stipulated in which more than a reasonable fee, shall be null and void.

Section 14. 399d final provisions article 1 the provisions relating to tenancy agreements, which apply mutatis mutandis to find or under which all of a sudden for a fee or in terms business pleasure rights for 25 years or shorter, or for an indefinite period of time having to be located on land or loose. In case of business rights for an indefinite period pleasure remains the application mutatis mutandis of provisions of this law limited to 25 years after the establishment.
2 The provisions, which for business pleasure laws, find only application, provided that they are not in conflict with mandatory rules relating to tenancy.

Article 1 the appointment or the appointed 399th like a zetboer requires the prior approval of the ground room.
2 under zetboer defines the operator, to whom the operation of a farm or country by the owner or copyright holder is transferred and that an important influence on the leadership of the company and in return receives a fee.
3 the ground room approves the appointment of the zetboer only good, if special reasons are present. It does not occur in an assessment of the conditions of the appointment.

Title 7. Command section 1. Command in the General article 400 1 The Commission contract is the agreement in which one party, the contractor, towards the other party, the client directs otherwise than under a contract of employment to carry out work in anything other than the creation of a work of physical nature, the retention of business, issuing work or hauling or transporting persons or do business.

2 The articles 401-412, without prejudice to article 413, applicable, unless anything else results from the law, the content or nature of the contract or of any other legal act, or the habit.

Article 401 the contractor in carrying out its work, should the care of a good contractor.

Article 402 1 the contractor is obliged to follow timely and responsible indicate the performance of the contract.
2 the contractor that on reasonable grounds is not prepared according to the instructions given him command can, so the client him nevertheless to that evidence, terminate the agreement due to important reasons.

Article 403 1 the contractor must inform the client of his work in performance of the contract and inform him without delay of the completion of the command, if the client is unaware of them.
2 the contractor does to the principal justification for the way in which he carries out the command. He has in the execution of the assignment shall be paid by the client to his issued or apply for funds, then he does it.

Article 404 if the command is issued with a view to a person who in his service with the contractor or a job or a business, is that person held the work necessary for the performance of the contract, to carry out itself, except to the extent that results from the order that he should run this under his responsibility by others; all without prejudice to the liability of the contractor.

Article 405 1 if the contract by the contractor in the performance of his/her job or business is entered into, the client shall pay due him.
(2) if wage is payable but the height is determined not by parties, the client is the wage calculated in the usual way or, failing that, a reasonable wage due.

Article 406 1 the client must meet the contractor the expenses connected with the performance of the contract, in so far as they are not included in the wage.
2 the client the contractor must make good any damage caused as a result of this the him not attributable to the creation of a connected command particular danger. Has the contractor acted in the exercise of his profession or business, then the previous sense of danger the risks only, if the exercise of that profession or business by its nature brings. The performance of the contract shall be otherwise against wage, then the first sentence only apply if the wage of the risk was not taken into account.

Article 407 1 if two or more persons together have given a command, they are jointly and severally against the contractor.
2 If two or more persons have received a command together, each of them for the whole be liable in respect of a failure to perform, unless the shortcoming not attributable to him.

Article 408 1 the client may at any time terminate the agreement.
2 the contractor that the contract is in the exercise of a profession or business, can terminate the agreement, unless good cause, only if they apply for an indefinite period and not by fulfillment ends.
3 a natural person who has provided a command other than in the exercise of a profession or business, is, without prejudice to article 406, in respect of a cancellation no compensation.

Article 409 1 if the command was issued with a view to a particular person, ends it by his death.
2 in that case are his heirs, if they wear of the succession and knowledge of the contract, all to do what the circumstances in the interest of the other party. A corresponding obligation on those in whose service or with whom the contractor exercised a profession or business.

Article 410 1 kill the client does the command only end up, if this results from the agreement first, and then from the time when the contractor has experienced death.
2, the command exits by the death of the client, then the contractor nevertheless obliged all to do what the circumstances in the interest of the other party.

Article 411 1 if the agreement ends before the command is finished or the time for which it is given, is passed, and the chargeability of wage depends on the fulfillment or of the expiry of that time, the contractor has right to establish a reasonable part of the wage. In the determination of this account shall be taken, inter alia the work carried out by the contractor already, the advantage that the principal thereof, and the land on which the agreement is terminated.
2 In the case referred to in paragraph 1 has the contractor only entitled to full pay, if the end of the contract is attributable to the principal and the payment of the full wage, having regard to all the circumstances of the case, is reasonable. On the amount of the wages are the savings for the contractor resulting from the early termination, deducted.

Article 412 a legal claim against the assignee to the issuance of the pieces that he has been given in respect of the contract, shall become statute-barred by expiry of five years from the start of the day following the day on which his efforts have ended.

Article 413 1 of article 408 (3) can not be derogated from.
2 of the articles 411 and 408 paragraph 1 cannot be derogated from to the detriment of the client referred to in article 408 (3).
3 of article 412 can only be made on the same footing as the rules on the limitation period of legal actions in title 11 of book 3.

Section 2. Article 414 1 Mandate mandate is the contract in which one party, the office holder, is liable to the other party, the principal, connects for account of the principal one or more to perform legal acts.
2 the agreement may require the agent to act in its own name; they can also commit to act on behalf of the principal.

Article 415 If a mandate with two or more agents is entered into, each of them is competent to act independently.

Article 416 1 a proxy can only occur if other party of the principal, if the contents of the legal act as accurate it is common ground that fight between both interests is excluded.
2 A representative who may act only in its own name, can nevertheless as other party of the principal action, if the contents of the legal act as accurate it is common ground that fight between both interests is excluded.
(3) if the principal is a person referred to in article 408 (3) for a legal act whereby the office holder as his other party occurs, under penalty of annulment are written permission required.
4 the office holder in accordance with the previous members of the principal if other party occurs, retains its right to wage.

Article 417 1 A representative may only as agent of the other party also occur, if the contents of the legal act as accurate it is common ground that battle between the interests of both constituents is excluded.
(2) if the principal is a person referred to in article 408 (3) for the admissibility of a legal act by which the office holder as agent of the other party also occurs, written permission required.
3 A representative has no right to wage against a principal with regard to whom he in the previous paragraphs, in violation of the Act, without prejudice to its obligation to pay compensation for the damage suffered as a result by that principal. Of this provision cannot be derogated from to the detriment of the principal.
4 if one of the constituents is a person referred to in article 408 (3) and the legal Act seeks to buy or sell or rent or rental of a property or a part thereof or of a right to which the matter is subject, the office holder has no right to wage against the buyer or tenant. Of this provision cannot be derogated from to the detriment of the buyer or tenant, regardless of whether the seller or lessor in respect of the charge given by him wage is payable.

Article 418 1 Has, outside the cases referred to in articles 416 and 417, a agent direct or indirect interest in the development of the legal act, then he is obliged to inform the principal, unless the content of the legal act as accurate it is common ground that fight between both interests is excluded.
2 A representative has no right to wage against a principal with regard to whom he acts in contravention of paragraph 1, without prejudice to its obligation to pay compensation for the damage incurred by the principal as a result. Of this provision cannot be derogated from to the detriment of the principal.

Article 419 If a proxy in his own name has entered into an agreement with a third party who in the performance of its obligations, is the third within the limits of which with regard to its obligation to compensate for the damage arising from the law, by the way, to the representative Commission be called upon to make good the damage suffered by the the principal shortcoming.

Article 420


1 if a representative that in own name has entered into an agreement with a third party, does not fulfil his obligations towards the principal, in bankruptcy, or if the debt restructuring arrangement with regard to him natural persons is declared, the principal rights agent for transition the susceptible towards the third by a written declaration to both of them do move in itself , except insofar as they are in the relationship between principal and agent to forward to the latter.
2 the same authority the principal when the third party fails to fulfil his obligations to the office holder, unless the principal matches as if the third was fulfilled its obligations.
3 the office holder is held in the cases referred to in this article, the name of the third party to the principal at his request.

Article 421 1 If an agent who in own name has entered into an agreement with a third party, does not fulfil his obligations towards the third, in bankruptcy, or if the debt restructuring arrangement with regard to him natural persons is declared, the third after written communication to the agent and the principal are to exercise rights under the contract against the principal in so far as such at the time of the communication accordingly vis-à-vis the office holder.
2 the office holder is held in the case referred to in this article, the name of the principal to the third at his request.

Article 422 1 Mandate ends, except by termination in accordance with article 408, by: a. death, the ondercuratelestelling, the bankruptcy of the principal or the application in respect of him by explaining the debt restructuring arrangement natural persons, provided that the death or the ondercuratelestelling the agreement shall end on the date on which the office holder becomes aware thereof;
b. the death, the ondercuratelestelling, the bankruptcy of the office holder or in respect of him by the debt restructuring arrangement natural persons.
408 paragraph 2 of article 1 as far as applicable to mandate, and of paragraph 1 (a) may not be derogated from. As far as the agreement extends to the an act in the interest of the office holder or of a third party, however, may be determined not by the principal may be terminated, or that they are not ends by the death or the ondercuratelestelling of the principal. The second sentence of article 74, paragraphs 1, 2 and 4 of book 3 shall apply mutatis mutandis.
3 Ends the mandate by the death or the ondercuratelestelling of the principal, then the representative nevertheless obliged all to do what the circumstances in the interest of the other party.
4 Ends the mandate by the death of the agent, then his heirs, if they carry knowledge of the succession and of the mandate, all to do what the circumstances in the interest of the other party. A corresponding obligation on those in whose service or with the office holder who exercised a profession or business.

If it is stipulated that the office holder article 423 1 a to the principal attributable right in its own name and to the exclusion of the principal will miss this the power to this exercise for the duration of the agreement also vis-à-vis third parties. The exclusion may not be invoked against third parties who knew her nor belonged.
2 If the office holder with the subpoenas, the exclusion that is a legal person who, under its statutes aim the shared interests of more constituents by the exercise of the rights due to them, by way of derogation from article 422 (2) can be agreed that the mandate will not end by termination by the principal on a period less than one year nor by his death, ondercuratelestelling, bankruptcy or in respect of him by the debt restructuring arrangement natural persons. This clause does not rule out that the agreement on a period of at least one month may be terminated by the heirs of the principal or, in the event of its bankruptcy or ondercuratelestelling, by the liquidator or, if the debt restructuring arrangement in respect of the principal natural persons is explained, by the administrator. When the estate of the principal pursuant to article 13 of Book 4 is distributed, the competence of the heirs, referred to in the preceding sentence, to his spouse or registered partner.

Article articles 424 1 415-423 shall apply mutatis mutandis to other agreements than mandate pursuant to which one party is required or authorized to be paid by the other party to perform legal acts, provided that the scope of the provisions in question as to the nature of the agreement are not resistance.
2 the previous paragraph shall not apply to agreements for the transport of persons or transport or do business.

Section 3. Agency Agreement Article 425 the mediation contract is the contract in which one party, the contractor, in front of the other party, the client, connects against wage as an intermediary working in establishing one or more agreements between the principal and third parties.

Article 426 1 the intermediary has the right to pay as soon as the agreement by his mediation between the principal and the third has been established.
(2) if the right to wage is subject to the implementation of the mediated agreement and this agreement is not implemented, the client also pay due, unless the non-performance is not attributable to him.

Articles 417 and 418 article 427 shall apply mutatis mutandis to contracts in which one party to the other party is required or authorized to be employed as an intermediary referred to in article 425, on the understanding that with an intermediary who is also working for the other party shall be treated as an intermediary who is itself as other party occurs. Articles 417 and 418 his fellow apply mutatis mutandis, where the intermediary is not entitled to a wage.

Section 4. Agency Agreement Article 428 1 the agency contract is a contract in which one party to the other party, the principal, the commercial agent, instructs, and undertakes, for a definite or an indefinite time and against reward with the formation of contracts to provide mediation, and in the name and for the account of the principal without to this subordinate.
2 the provisions of this section do not apply to agency agreements on which the financial supervision applies.
3 each of the parties, at its request, the other party is obliged to provide a signed writings that the then-current contents of the agency contract.

Article 429 1 the commercial agent can for obligations for third parties from a mediated agreement or closed by him liable only in writing.
2 unless otherwise agreed in writing, the commercial agent under any circumstances by delcredere only liable for the circumstances of the third.
3 he is not liable to a higher amount than the agreed Commission, unless the clause is related to a particular agreement or agreements which he himself in the name of the principal.
4 If there is a manifest disproportion between the risk that the commercial agent, and the Commission, the Court stipulated the amount for which the commercial agent is liable, to moderate, to the extent that this amount exceeds the Commission. The right keeps with all circumstances, particularly with the way in which the commercial agent has represented the interests of the principal.

Article 430 1 the principal must do everything in the given circumstances of his side needed to enable the commercial agent.
2 he must to the commercial agent the necessary documentation material available about the goods and services for which the trade agent mediates, and provide him with all information necessary for the implementation of the agency contract.
3 he is obliged to notify without delay the commercial agent, if he provides that in a decidedly lesser extent than the commercial agent is entitled to expect, agreements will or may be closed.
4 he must the commercial agent within a reasonable time notify you of its acceptance or refusal or the non-performance of a contract made by the commercial agent.

Article 431 1 the commercial agent shall be entitled to Commission for the agreements concluded during the duration of agency contract are put in place: a. If the agreement by his intervention came about;
b. If the agreement has been established with someone he previously had applied for such an agreement;
c. If the agreement is concluded with someone who belongs to the clientele that, or is established in the area that is assigned to the commercial agent, unless explicitly agreed that the commercial agent in regard to those customer base or in that area has not the monopoly.
2 the commercial agent shall be entitled to Commission for the preparation of after the end of the agency contract concluded agreements:

a. If this primarily to the during the period covered by the agency contract work done by him are thanks and within a reasonable time after the termination of that agreement have been closed, or b. If he or the principal, in accordance with the conditions laid down in the first paragraph, the order of the third has received for the termination of the agency contract.
3 the commercial agent shall not be entitled to a Commission under the second paragraph, if this is due to its predecessor, unless the circumstances that it is fair to divide the Commission between both of them.

Article 432 1 If the role of the commercial agent has limited to the provision of mediation at the conclusion of the contract, the order he to his principal has, as regards the right to Commission under article 426 shall be deemed to have been accepted unless the principal, the commercial agent within the reasonable time referred to in article 430 Member 4 , said that he had the order refuses or makes a reservation. In the absence of a time limit in the agency relationship is the term a month from the time when the order was communicated to him.
2 The circumstances that the right to Commission does depend on the implementation of the agreement, shall explicitly be made.
(3) if the circumstances referred to in the second paragraph, is created, it creates the right to Commission at the latest when the third has carried out its part of the agreement, whether it should have done, if the principal had executed his part of the transaction.

Article 433 1 the principal is obliged at the end of each month to the commercial agent to provide a written statement of the Commission due on that month, indicating the data on which the calculation is based; This task must be provided before the end of the following month. Parties may agree in writing that the brief two-or quarterly.
2 the commercial agent is entitled to demand inspection of the principal of the requisite supporting documents, however without issue may require. He can be at his expense, be assisted by an expert, accepted by the principal or, in the case of rejection, appointed by the interim relief judge of the competent court at the request of the commercial agent.
3 However, parties may agree in writing that the perusal of the evidence will be given to a third party; If it does not fulfil its task, the interim relief judge of the District Court will nominate an alternate.
4 presentation of the supporting documents by the principal shall be under obligation to secrecy by the commercial agent and persons mentioned in the previous paragraphs. The latter, however, are not required to maintain the attitude to the commercial agent as far as it concerns a in the first paragraph.

Article 434 The Commission is payable at the latest on the date on which the written declaration referred to in article 433, must be provided.

Article 435 1 the commercial agent shall be entitled to a reward if he is willing to meet his obligations resulting from the agency relationship or this has already fulfilled, but the principal of the services of the commercial agent has not used or in significantly lesser extent has used than this as normal is entitled to expect, unless the conduct of the principal arising out of circumstances which could not reasonably for its expense.
2 in determining this reward will take into account the amount of Commission earned in the preceding time and to comply with all other relevant factors, such as the expenses that the commercial agent saves itself by not carrying out work.

Article 436 an agency agreement, which upon the expiry of the term for which it entered into by both sides, is continued, bind parties indefinitely on the same conditions.

Article 437 1 If the agency contract is entered into for an indefinite period or for a certain time with right of interim termination, each of the Parties empowered her to do end up taking into account the agreed period of notice. In the absence of an agreement in that regard, it will be the four months ' notice, plus a month after three years term of the agreement and with two months after six years.
2 the term of cancellation can not be shorter than a month in the first year of the agreement, two months in the second year and three months in the following years. If the parties agree, longer terms for the principal may not be shorter than for the commercial agent.
3 termination is to take place by the end of a calendar month.

Article 438 1 the agency contract ends by the death of the commercial agent.
2 In the event of the death of the principal are both are heirs if the commercial agent is competent, provided that within nine months after the death, terminate the agreement with a notice period of four months. When the estate of the principal pursuant to article 13 of Book 4 is distributed, the competence of the heirs, referred to in the preceding sentence, to his spouse or registered partner.

Article 439 1 the party who terminates the agreement without respect for its duration or without regard to the legal or agreed period of notice and without consent, the other party is liable for damages unless they terminate the agreement shall, without delay, notified to the other party an urgent, reason.
2 Urgent reasons conditions such that of the party that the agreement shall end up, the agreement could not reasonably have been taken can be, even temporarily, in order to let.
3 If the termination of the agreement due to an urgent reason based on conditions for which the other party a reproach is latter liable for damages.
4 a term whereby to one of the parties, the decision is left or there is a pressing reason is present, is void.

Article 440 1 each of both parties shall have the power to ask the district judge to dissolve the agency contract on the basis of: a. conditions that pose an urgent reason within the meaning of article 439 (2);
b. change in circumstances is of such a nature, that fairness demands that the agreement immediately or after a short period of time to an end.
2 the Speak right from the dissolution on the basis of a circumstance as referred to in paragraph (a) and can be made of this circumstance the defendant a reproach, then this liable for damages.
3 the judge Speaks the dissolution from on the basis of the provisions in the first paragraph under (b), then he can grant compensation to one of the parties. He can determine that this is paid in installments.
4 the treatment does not catch later than in the fourth week following that in which the petition is filed.
5 If the court pronounces the dissolution, he determines at what time the agency contract ends.

The party that, pursuant to article 439 441 1 article or article 440 (2) is liable for damages to the other party a sum payable is equal to the reward about the time that the agency contract with regular termination had belong to persist. For the adoption of this sum takes into account the Commission earned in the preceding time and to comply with all other relevant factors.
2 The Court is authorised to reduce this sum if they him in view of the circumstances too high.
3 the injured party may, instead of compensation in the preceding members referred, full compensation of hair damage, under obligation to prove the extent thereof.

Article 442 1 regardless of the right to claim damages, the commercial agent at the end of the agency contract, customers entitled to compensation fee, to the extent that: a. the principal new customers he has made or the agreements with existing customers has expanded significantly and the agreements with these customers the principal still significant benefits, and (b) the payment of this fee is equitable , having regard to all the circumstances, in particular on the Commission from the agreements with these lost customers.
2 the amount of the fee is not higher than that of the reward of one year, calculated from the average of the last five years or, if the agreement has lasted shorter, to the average of the entire duration.
3 the right to compensation shall lapse if not the commercial agent the principal no later than one year after the end of the contract that he wants compensation.
4 the fee is not payable, if the agreement is terminated: a. by the principal under conditions which the commercial agent liable for damages pursuant to article 439 (3);
b. by the commercial agent, unless such termination is justified by circumstances attributable to the principal, or is justified by age, disability or illness of the commercial agent, on the basis of which cannot reasonably be demanded can more of him that he continues its work;
c. by the commercial agent which, in accordance with an appointment with the principal, his rights and obligations under the agency contract to a third party.

Article 443 1 a term that the commercial agent is limited in its freedom to after the end of the agency contract, shall be valid only to the extent that: a. it in writing, and

b. relates to the type of goods or services for which it is the representation, and in the field, or the clientele and the area, entrusted to him.
2 Such circumstances shall only be valid for a maximum of two years after the end of the agreement.
3 To such circumstances can not derive any rights from the principal, if the agreement is terminated: a. by her without the consent of the commercial agent has terminated without regard to the legal or agreed period and without an urgent reason communicated without delay to the commercial agent;
b. because the commercial agent has terminated the agreement because of an urgent, communicated immediately to the principal reason for which latter a reproach;
c. by a court ruling, based on circumstances in respect of which the principal a reproach.
4 the Court may, if the commercial agent that requires destroy in whole or in part, such a clause on the ground that, in proportion to the importance of protecting the principal, the commercial agent is disadvantaged by the unfair clause.

Article 444 legal actions based on articles 439 and 440 barred by the expiration of one year after the fact that the claim.

Article 445 1 Parties may not derogate from articles 401, 402, 403 and 426 paragraph 2 nor by articles 428 429, 430, 431 (3) (2) paragraph 2, 432 433, 437, 439, 440, 441, paragraph 2 443 and 444.
2 nor can be derogated from to the detriment of the commercial agent articles 434 432 (3) and, before the end of the agreement, Article 442.

Section 5. The agreement on medical treatment Article 446 1 the agreement on medical treatment-further in this section referred to as the treatment agreement-the agreement whereby a natural or legal person, the rescuer, in the exercise of a medical profession or business in front of another, the client, connects to carry out acts in the field of medicine, directly relating to the person of the client or a third party. The one on whose person acts directly related is further referred to as the patient.
2 under acts in the field of medicine means: a. all operations-researching and giving of advice including-directly relating to a person and seeking him with a cure disease, to save him for the emergence of a disease or to assess his State of health, or obstetric assistance;
b. other than the actions referred to in subparagraph (a), directly relating to a person, that are carried out by a doctor or dentist in that capacity.
3 to the operations provided for in paragraph 1 shall be counted as part of the Commission in this context, nurse and take care of the patient and the patient directly for the benefit of the air in the material circumstances under which operations can be carried out.
4 no treatment agreement is present, if it concerns actions to assess the State of health or medical supervision of a person, commissioned by a person other than that person in connection with the determination of claims or obligations, admission to a insurance or supply, or the assessment of the fitness for a training, an employment relationship or the execution of certain activities.

Article 447 1 a minor who has reached the age of sixteen years, is able to enter into a treatment agreement for itself, as well as to carry out legal transactions with the agreement immediately.
2 the minor is liable for the resulting obligations, without prejudice to the obligation of his parents providing for the cost of care and upbringing.
3 In that treatment agreement-related matters is a minor is competent to act in and out of court.

Article 448 1 the rescuer light the patient in writing in a clear manner, and, where requested, on the proposed research and the proposed treatment and about developments in the investigation, treatment and State of health of the patient. The rescuer light a patient who has not reached the age of twelve years in such a way as suits his comprehension.
2 when running the obligation laid down in paragraph 1, the aid worker be guided by what the patient should know reasonably with respect to: a. the nature and purpose of the investigation or treatment that it considers necessary and to carry out the operations;
b. the expected effects and risks to the health of the patient;
c. other methods of research or treatment that qualify;
d. the State of and the prospects with regard to his health as regards the field of the investigation or treatment.
3 the rescuer should remember the patient information referred to only as far as providing it apparently severe adverse effect for the patient. If the interest of the patient, this requires the rescuer the relevant information to provide to a person other than the patient. The information given, the patient once meant disadvantage no more to fear. The rescuer does not use its option referred to in the first sentence then after he has consulted another aid worker.

Article 449 if the patient has expressed no wish to receive information, remains the provision thereof, except to the extent that the importance that the patient outweighs the disadvantage that it has not for himself or others can result.

Article 450 1 for operations to implement a treatment agreement requires the consent of the patient.
(2) if the patient is a minor and the age of twelve but not yet that of sixteen years has reached is also the consent of the parents who exercise custody of him or of his guardian is required. The operation may, however, without the consent of the parents or guardian are carried out, if they apparently needed in order to avoid severe adverse effect for the patient, as well as if the patient also after the refusal of the consent, the operation continues to deliberate wishes.
3 In the case in which a patient of sixteen years or older can be deemed unable to a reasonable appreciation of his interests in this field, are submitted by the rescuer and a person referred to in paragraphs 2 or 3 of article 465, the apparent views of the patient expressed in written form when this was still capable of reasonable valuation referred to and holding a refusal of permission as referred to in paragraph 1 , followed. The rescuer can be different if appropriate justification to eight.

Article 451 at the request of the patient explains the rescuer at least in writing for which operations of major nature this has given permission.

Article 452 The patient gives the rescuer to the best of my knowledge the information and cooperation that this reasonably for the execution of the agreement.

Article 453 the rescuer must in its work the care of a good counselor and acts in accordance with the obligations resulting from the responsibility for aid workers, including the professional standard in force in accordance with article 66b of the health insurance act in force for him included in the public register professional standard.

Article 454 1 the provider establishes a file in with respect to the treatment of the patient. He loves in the file notes from the data on the health of the patient and the operations carried out and takes his respect to other pieces, containing such information, in it on, as far as this for a good assistance to him is necessary.
2 the help provider when you are prompted for a certificate issued by the patient adds in relation to the in the dossier documents to the file.
(3) without prejudice to the provisions of article 455, saves the rescuer the modest, referred to in the previous paragraphs, for fifteen years, from the time when they are manufactured, or such longer period as is reasonably from the care of a good counselor.

Article 455 1 the rescuer destroys by him saved the documents, referred to in article 454, within three months of a request by the patient.
2 paragraph 1 shall not apply to the extent that it is reasonably likely that modest request which the retention of substantial interest to a person other than the patient, and as far as the provisions in or under the law itself from destruction.

Article 456 the rescuer provided to the patient as soon as possible, on request, inspect and copy of the documents referred to in article 454. The provision continues to be dropped to the extent necessary in the interest of the protection of the privacy of another. The rescuer should a reasonable fee for providing the copy.

Article 457


(1) without prejudice to the second sentence of paragraph 3 in article 448 certain carries the rescuer care, that to others than the patient no information on the patient or access to or copies of the documents referred to in article 454, be provided than with the consent of the patient. If this provision takes place, shall be carried out only as far as thereby the private life of another would not be prejudiced. The provision can be made without regard to the limitations referred to in the previous sentences, if required to do so by or pursuant to the law.
2 among others than the patient does not include those who are directly involved in the implementation of the treatment agreement and the one that occurs as a replacement of the rescuer, as far as the provision is necessary for the work to be carried out by them in that context.
3 below are neither understood those whose consent with regard to the execution of the cure Convention based on 450 and 465 articles is required. If the rescuer by information about the patient or to provide access to or copies of the documents not be supposed the care of a good counselor, he lets this.

Article by way of derogation from article 457 458 1 In paragraph 1, without the consent of the patient for statistics or scientific research in the field of public health shall, on request, information about the patient to another or access to the documents referred to in article 454, be provided if: a. asking permission not reasonably possible and with regard to the implementation of the research is provide such a guarantee , that the privacy of the patient is not disproportionately harmed, or b. asking permission, having regard to the nature and the purpose of the study, cannot reasonably be required and the rescuer care that the data be provided in such a form that resolution to individual natural persons reasonably.
2 Provision in accordance with paragraph 1 is possible only if: (a) the research is a public good, b. the investigation without the relevant data can be performed, and (c). as far as the patient concerned against a provision not expressly objected.
3 at a provision in accordance with paragraph 1, keeping of records held in the file.

Article 459 1 the rescuer performs operations under the treatment agreement from outside the observation of others than the patient, unless the patient has agreed that the operations can be observed by others. If the rescuer pharmacist, the obligation referred to in the first sentence, does not apply as far as the visual perception by others than the patient.
2 among others than the patient does not include those whose occupation is the cooperation in the implementation of the operation is necessary.
3 below are neither understood those whose consent in respect of the operation on the basis of the 450 and 465 articles is required. If the rescuer by operations not be supposed to do perceive the care of a good counselor, he lets this doesn't matter.

Article 460 the help provider may, subject to important reasons, the treatment agreement not denounce.

Article 461 the client is the rescuer wage payable, except insofar as this for its work on the basis of the wage received by or under the law or the agreement dictates otherwise.

Article 462 1 when it is necessary to a treatment agreement operations take place in a hospital that is not a party to that agreement, the hospital for a shortcoming in doing so partly liable, as if it were itself to the agreement party.
2 under hospital referred to in paragraph 1 means a, pursuant to article 5 of the law admission care institutions as a hospital, nursing facility or mentally ill and admitted institution or department thereof, furnishing a teaching hospital as well as an abortion clinic abortion within the meaning of the law.

Article 463 the liability of a counselor or, in the case referred to in article 462, of the hospital, cannot be limited or excluded.

Article 464 1 if, in the exercise of a medical profession or business other than pursuant to a treatment agreement acts in the field of medicine, are this section as well as articles 404, 405 and 406 paragraph 2 of section 1 of this title shall apply mutatis mutandis to the extent that the nature of the legal relationship are not resistance.
2 it concerns acts as defined in article 446, paragraph 4 than: a. the documents referred to in article 454 kept only as long as necessary in connection with the purpose of the study, unless the provisions in or under the law itself against destruction;
b. is the person to whom the investigation given the opportunity to state whether he the rash and the conclusion of the investigation asks. If that desire is expressed and the acts not be made related to an employment relationship or under civil law insurance established a training which the person concerned has already been allowed, person referred to is also given the opportunity to state whether he of the results and the conclusion if wish to take first in order to be able to decide or its communication to others is done.

Article 465 1 the obligations for the rescuer from this section against the result be patient, if the patient has not reached the age of twelve years, by the rescuer fulfilled vis-à-vis the parents who exercise custody of the patient or to his guardian.
2 the same shall apply where the patient has reached the age of twelve years, but not in State can be considered within a reasonable appreciation of his interests in this area, unless such a patient is of age and placed under State or for the benefit of him the mentorship is set, in which cases the performance against the administrator or mentor.
3 If an adult patient who can be deemed unable to a reasonable appreciation of his interests in this area, not state or under guardianship for him not the mentorship is set, the obligations for the rescuer from this Department towards the patient, fulfilled by the rescuer towards the person in writing for that purpose by the patient is authorized to act in his place. Lacking such a person, or it shall not on, then the obligations towards the spouse, registered partner or other life companion of the patient, unless this person is that do not wish, or, if such person is missing, also against a parent, child, brother or sister of the patient, unless this person is not.
4 the rescuer comes its obligations vis-à-vis the legal representatives referred to in paragraphs 1 and 2 of the patient and other persons referred to in paragraph 3, unless that breach is not compatible with the care of a good counselor.
5 the person against whom the rescuer under paragraphs 2 or 3 of this section is held the obligations towards the patient, exercised the care of a good representative. This person is held the patient as much as possible in carrying out its task.
6 Moving the patient against a far-reaching operation of nature for which a person referred to in paragraphs 2 or 3 has given permission, then the operation can be carried out only if it is apparently necessary in order to avoid severe adverse effect for the patient.

Article Is on the basis of article 465 466 1 to perform an operation only the permission of a person referred to there instead of that of the patient requires, then it can be passed to the operation without such consent if the time for asking permission is missing since immediate execution of the operation is apparently necessary in order to avoid severe adverse effect for the patient.
2 A the authorisation required in accordance with articles 450 and 465 may be supposed to have been given, if the relevant operation is not of dramatic nature.

Article 467 1 of the body secreted anonymous materials and parts can be used for statistical or other medical medical scientific research as far as the patient from whom the body material, no has objected to such research and the research is carried out with the required care.
2 under examination of the body secreted substances and share anonymous means research that is ensured that research to use body material and the resulting non-personally identifiable data to obtain person.

Article 468 Of the provisions of this section and of articles 404, 405 and 406 paragraph 2 cannot be derogated from to the detriment of the patient.

Title 7A. Travel agreement Article 500 1 In this title and the provisions based thereupon, the following definitions shall apply: a. tour operator: the person who, in the performance of his company, his own name to the public or a group of persons pre-arranged tours;

b. travel agreement: the agreement between the tour operator connects itself towards its counterparty to provide a pre-arranged trip offered by him a stay or a period of more than 24 hours as well as at least two of the following services: 1 °. transport, 2 °. stay, 3 °. another, not ancillary to transport or accommodation related tourist service that a significant part of the trip;
c. Traveller: 1 °. the other party of the tour operator, 2 °. the one for whom the journey is agreed and accepted that that clause or 3 °. the person to whom the legal relationship in accordance with article 506 to the tour operator.
2 the person who in the course of its business as an intermediary of a non in Netherlands-based tour operator, is towards his other party as tour operator.

Article 501 1 if the tour operator a specific prospectus or other publication, shall indicate therein the fare and the other when order in Council certain data.
2 prior to the conclusion of the travel contract shall inform the tour operator the other party in writing or in other comprehensible and accessible manner the information referred to in the first paragraph, in so far as these data are not yet known to the other party by the provision of publicly available prospectus or other publication.
3 the second paragraph shall not apply if the tour contract is less than 72 hours before the start of the journey is closed.

Article 502 1 the tour operator shall provide the other party after the conclusion of the contract a copy of the terms, where this is not already in the submitted documents.
2 before commencing the trip the tour operator shall inform the other party or the person to whom the legal relationship in accordance with article 506 to the tour operator has been transferred in writing or in other comprehensible and accessible manner the order in Council certain information.

Article 503 1 the traveler can the travel contract at any time with immediate effect.
2 If the passenger cancels due to an attributable to him, the traveller shall reimburse the tour operator the damage it suffers as a result of the termination. The compensation shall not exceed once the fare.
3 If the passenger cancels due to a not attributable to him, he has right to return or cancellation of the tour cost or, if the trip is in part already enjoyed, a proportionate part thereof.

Article 504 1 without prejudice to article 505, fourth paragraph, the tour operator can cancel the travel agreement just because of weighty, the traveler reported conditions without delay.
2 If the tour operator cancels due to a not attributable to the traveller, he offers this another trip of equal or better quality. Without prejudice to paragraph 3, the traveler who does not accept that offer, right of return or cancellation of the tour cost or, if the trip is in part already enjoyed, a proportionate part thereof.
3 In the event of termination by the tour operator shall compensate the traveller this ago asset damage and an amount for the come short of travel pleasure, unless a. he withdraws from the contract because the number of persons enrolled for the package is less than the required minimum number and Traveler within the time period indicated in the agreement has been notified in writing of the termination, or b. the termination is the result of force majeure transfer, including is not understood. Be in this title, force majeure means abnormal and unforeseeable circumstances that are independent of the will of the one who is the consequences could not be avoided despite all precautions.

Article 505 1 the tour operator can terms that he can modify the travel agreement on an essential point because of weighty, the traveler information without delay conditions. The traveller can reject the change.
2 subject to paragraph 1 the tour operator can change because of the travel agreement terms that he may immediately inform the traveller communicated consequential, conditions. The traveller can reject the change only if they him to disadvantage of more than minor importance stretches.
3 the tour operator can terms that he to twenty days before the start of the journey the fare increase may be related to changes in transport costs including fuel costs, dues or the applicable exchange rates. For the purposes of this clause gives the tour operator to the manner in which the increase is calculated. The traveller can reject the increase.
4 after a rejection as referred to in the above paragraphs, the tour operator can cancel the travel agreement. The traveler are entitled to a refund or remission of the participation fee or, if the trip is in part already enjoyed, a proportionate part thereof. If the tour operator cancels after a rejection by the traveler referred to in paragraphs 1 and 2 is moreover, article 504, paragraph 3 shall apply mutatis mutandis.

Article 506 1 in time for the start of the journey, the traveller can transfer his legal relationship to the tour operator to a third party that all the conditions of the travel contract. A period of seven days before the start of the journey shall be deemed to be in any case in good time.
2 the transfer take place through an appropriate agreement with the third and written notice thereof by the transferring traveller to the tour operator. The transferring passenger and the third are jointly committed to payment of the participation fee and the costs associated with the transfer.

Article 507 1 the tour operator is obliged to execute the travel contract in accordance with the expectations that the traveller reasonably on the basis of the travel contract may have.
2 If the tour does not expire in accordance with the expectations that the traveler may have reasonably on the basis of the travel contract, the tour operator is obligated to reimburse the damage, unless the failure to perform is attributable not to him nor to the person whose assistance he uses in the implementation of the agreement, because: a. the shortcoming in the performance of the travel agreement is attributable to the traveller;
b. the default in the performance of the travel agreement that are not foreseeable or could be lifted, is attributable to a third party who is not in the supply of the services in the travel understood is concerned; or c. the shortcoming in the implementation of the agreement is due to force majeure as referred to in article 504 paragraph 3 (b) or to an event which the organizer or the one by whose assistance he uses in the implementation of the travel agreement, taking into account all possible care could not foresee or remedy.
3 the tour operator is the traveler according to the conditions required to provide help and assistance, if the tour does not expire in accordance with the expectations that this reasonably on the basis of the travel contract may have. If the cause thereof must be attributed to the traveller, the tour operator for the provision of aid and assistance only to the extent reasonably required of him can be taken. The costs for the service provided help and assistance come in that case on behalf of the traveller. The costs for the service provided help and assistance are the responsibility of the tour operator, if the failure to perform to him or to the person whose assistance he uses in the implementation of the agreement, in accordance with the second paragraph.

Article 508 1 Unless the second paragraph of this article applies, the tour operator are liability for damages caused by death or injury of the passenger, not exclusion or limitation.
(2) If on a service in the travel agreement understood a treaty applies, the tour operator can rely on an exclusion or limitation of liability which that Treaty allows a service provider assigns or as such.

Article 509 1 the tour operator can its liability for damage arising from its own act or omission does not limit or exclude, if that act or omission with the intent to cause damage or the acts or omissions shall be made recklessly and with knowledge that the damage there, probably would result.
2 as far as the tour operator is not the in the travel agreement understood services, he may be liable for other than the damage referred to in article 508 just three times the travel price.

Article 510 A failing in the fulfilment of a commitment made by him can be attributed, obliged to compensate the tour operator Commission other disadvantage than asset damage, as far as loss of travel pleasure is caused by that failure.

Article 511 the compensation for loss of travel pleasure as referred to in articles 510 504, paragraph 3, and shall not exceed once the fare.

Article 512 1 the tour operator takes the measures necessary to ensure that, when he is due to financial insolvency or not further its obligations towards the traveller is not so, either to purchase of its obligations shall be undertaken by another either for refund of the participation fee or, if the trip is in part already enjoyed, a proportionate part thereof. If the traveller has arrived already at the place of destination must, as far as the travel agreement that includes, at least to ensure transport for the return trip.

2 the tour operator makes the measures referred to in the first paragraph to mention in public by these publicly available prospectus or other publication referred to in Article 501, or in other comprehensible and accessible manner.

Article 513 of the under or pursuant to this title may not be derogated from to the detriment of the traveller.

Title 7b. Payment transaction section 1. General provisions article 514 of this title and the-based provisions, the following definitions shall apply: a. authenticate: following a procedure which allows the payment service provider to verify the use of the payment instrument, including the personalised security features;
b. direct debit: pay service where the payer's payment account is debited and where the payment transaction is initiated by the payee on the basis of a by the payer to the payee, to the payment service provider of the payee or to the payment service provider of the payer provided consent;
c. beneficiary means a natural or legal person who is the intended recipient of the cash which a payment transaction;
d. payment service: business efficacy referred to in the annex to the directive;
e. payment service user: natural or legal person who, in the capacity of payer, payee or both of a payment service;
f. payment service provider: service provider referred to in article 1, first paragraph, of the directive and natural or legal person to whom an exemption under article 2:3d of the financial supervision;
g. payment instrument: personalized instrument or personalized tools or all of procedures, agreed between the payment service user and the payment service provider, the payment service user uses to initiate a payment order;
h. payment order: by a payer or payee to his payment service provider given command to a payment transaction;
i. payment account: in the name of one or more payment service users held account that is used for the execution of payment transactions;
j. payer means a natural or legal person who holds a payment account and allows a payment transaction from that payment account, or where there is no payment account, a natural or legal person who gives a payment order;
k. payment transaction initiated by the payer or the payee: Act whereby funds are of, regardless of whether there are underlying obligations between the payer and the beneficiary;
l.
consumer: not in the performance of his company or natural person to whom a payment service provider acting job a payment service or to whom it intends to grant a pay service;
m. durable medium: tool that allows the payment service user the information addressed personally to him in such a way as to save this for a sufficient period for the purpose of the information can be accessed and used to stored information can be reproduced unchanged;
Ma.
elektronischgeldinstelling: elektronischgeldinstelling referred to in article 1:1 of the financial supervision;
n. cash, scriptural money or electronic money: currency referred to in article 1:1 of the financial supervision;
o. framework agreement: agreement that governed the implementation of individual and successive payment transactions and which the obligations and conditions for opening a checking account can include;
p. reference interest rate: interest rate which is used as the basis for the calculation of any to charge interest and which comes from a source which can be accessed by the public and by both parties to a payment service agreement can be verified;
q. reference exchange rate: exchange rate as calculation basis uses when a currency exchange and which is made available by the payment service provider or comes from a source that can be accessed by the public;
r. directive: Directive 74/60/EEC. 2007/64/EC of the European Parliament and of the Council of the European Union of 13 november 2007 on payment services in the internal market (OJ EU L 319);
s. unique identifier: the payment service provider to the payment service user communicated by combination of letters, numbers and symbols, which should provide the payment service user to the payment service user involved in a payment transaction or his checking account to identify unequivocally;
t. currency date: reference time by a payment service provider is used for calculating the interest on the funds that a checking account is debited or credited;
you. working day: day on which the relevant payment service provider of the payer or the payment service provider of the payee involved in the execution of a payment transaction is open for the required work;

Article 515 1 this title shall apply to single payment transactions, framework contracts and payment transactions covered by on the.
2 this title applies only to payment services which in the European Community or in States which are parties to the agreement on the European economic area are carried out in euro or in the currency of a Member State of the European Community outside the euro zone or in the currency of a State which is a party to the agreement on the European economic area.
3 this title applies only if both the payment service provider of the payer and the payment service provider of the payee or the only with the payment transaction payment service provider concerned in the European Community, with the exception of Article 541.
4 this title shall not apply to the payment services referred to in article 1:5a, paragraph 2, of the law on financial supervision.
5 this title shall not apply to payment services by the Dutch institutions referred to in article 3, paragraph 3, of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the business of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing directives 2006/48/EC and 2006/49/EC (Ojeu 2013 , L 176).

Article 516 during the contractual relationship the payment service user at all times have the right the contractual terms of the framework agreement as well as under or pursuant to the order in Council referred to in article 4:22 of the financial supervision, listed information and conditions on paper or on another durable medium.

Article 517 1 any change in the framework agreement and in the under or pursuant to order in Council referred to in article 4:22 of the financial supervision information and conditions are provided no later than two months before the date of the intended entry into force by the payment service provider on paper or on another durable medium presented in easy to understand terms and in a clear and readily comprehensible form, in an official language of the Member State where the payment service is offered or in any other language that is agreed by the parties.
2 to the extent that a jurisdiction as referred to below under (a) in accordance with the by or under the said order in Council certain agreed;
the payment service provider shall inform the payment service user a. that he is considered the changes referred to in paragraph 1, the payment service provider to have accepted, if not before the proposed date of entry into force of those amendments that he does not accept the changes, and also that the payment service provider mentions b. the payment service user has the right to terminate the framework contract immediately, free of charge, before the date on which the proposed changes apply.
3 Changes in the interest rate or the exchange rate can be applied with immediate effect without notice, provided that the law has been agreed in the framework agreement and the changes based on the reference interest rate or in accordance with the reference exchange rate agreed by or under the said order in Council.
4 The payment service user shall be notified as soon as possible of any change in the interest rate which in its disadvantage fails, notified in the same manner as aforementioned under or pursuant to the order in Council is determined, unless agreed by the parties that the information or with a specific frequency in a specific manner to be provided or should be made available. Changes in the interest rate or the exchange rate for the benefit of the payment service user, may be applied without notice.
5 changes in the interest rate or exchange rate used in payment transactions are calculated and performed in a neutral manner that does not discriminate against the payment service user.

Article 518 1 The payment service user may terminate the framework agreement, unless a notice period is agreed by the parties. That term is not longer than one month.
2 a framework contract concluded for a duration of more than 12 months or for an indefinite period is closed, can by the payment service user after the expiry of 12 months free of charge. In all other cases, to charge for termination costs are appropriate and in line with the actual costs.

3 If this is agreed in the framework contract, the payment service provider a fixed term closed end on the framework agreement in article 517, first paragraph, for a proposal to amend certain manner and subject to a notice period of at least two months.
4 upon termination of the framework agreement can perform periodic cost only in proportion to the termination of the agreement. If the payment service user has paid such costs forward, the corresponding amount in proportion to be refunded to him.

Article 519 1 the payment transactions take place in the currency agreed between the parties.
2 If for initiating a payment transaction at the point of sale or by the beneficiary is a currency exchange is offered to the payer, shall inform the party that the currency exchange, the payer of any charges, as well as the exchange rate when converting the payment transaction will be applied.

The payment service provider shall inform the payment service user article 520 1 not charge for the application of its information obligations or corrective or preventive measures under this title, unless: a. pursuant to articles 533, paragraph 1, 534, 542, second paragraph, fifth paragraph, or otherwise;
b. the charges agreed between the payment service user and the payment service provider, and c. the cost appropriate and in line with the actual cost of the payment service provider.
(2) If a payment transaction with no currency conversion, the payer and the beneficiary each pay for itself the by their respective payment service provider charges.
3 The payment service provider shall not prevent the beneficiary from the payer a charge or offers a discount for the use of a given payment instrument.

Article 521 1 in relation to payment instruments with a spending limit of € 150 or up to an amount of € 150 at a time which can be stored and only be used in accordance with the framework agreement up to € 30 for individual payment transactions, payment service providers with their payment service users agree that: a. the articles 524, 525, paragraph (b), paragraph 1 (c) and (d) and 529 , fourth and fifth member, do not apply if the payment instrument cannot be blocked or further use of it can not be blocked;
b 527, 528 and 529. articles, paragraphs 1 and 2 shall not apply if the payment instrument is used anonymously or the payment service provider to other things with the payment instrument-related reasons not proving that the payment transaction was authenticated;
c. by way of derogation from Article 533, paragraph 1, the payment service provider is not required to notify the payment service user of the refusal of a payment order as from the context clearly shows that the command is not executed;
d. by way of derogation from article 534 the payer cannot revoke the payment order after he has given the payment order or its agreement with the execution of the payment transaction to the payee;
e 538 537. by way of derogation from articles and other execution times are applied;
f. by way of derogation from article 517 the payment service provider is not required changes to the terms of the framework agreement in the manner as intended in article 517.
2 for national payment transactions are the amounts referred to in the first paragraph shall be doubled.
3 for prepaid payment instruments, intended for national payment transactions, the amounts referred to in the first paragraph be increased to € 500.
4 528 and 529 articles also apply to electronic money within the meaning of article 514 (n) unless the payment service provider of the payer does not have the ability to block the account or the instrument.

Article 521a 1 A elektronischgeldinstelling charged, when the holder of the electronic money so requests, the nominal value of the electronic money back.
2 In the agreement between the elektronischgeldinstelling and the holder of the electronic money the repayment conditions clearly and prominently mentioned and the holder of the electronic money shall be informed of these conditions, before he is bound by a contract or an offer.
3 for a fee refund can only be asked if this is indicated in accordance with paragraph 2 of the agreement and only in the following cases: a) if it is asked to refund before the day on which the agreement ends;
b) if the agreement provides for a day when the agreement ends and the holder of the electronic money before that day passes until termination of the agreement; or c) where the application for refund more than a year after the day of the termination of the agreement is done.
A fee as referred to here is in a reasonable relation to the costs that the elektronischgeldinstelling actually made.
4 If the holder of the electronic money calls for repayment before the termination of the agreement, he may either partial or full refund.
5 If the holder of the electronic money refund requests on the day on which the agreement is terminated or within one year after that day: a) pays the elektronischgeldinstelling him the full monetary value of the issued electronic money back; or b) pays the elektronischgeldinstelling him all means back why the holder of the electronic money calls on, if this setting one or more other business activities than the issuance of electronic money in accordance with the applicable rules and the before entering into the agreement was not clear what part of those resources would be used as electronic money.
6 the repayment rights of a person who accepts electronic money and who is not a consumer, are, without prejudice to paragraphs 3, 4 and 5, governed by what has been agreed between the elektronischgeldinstelling and that person.

Section 2. Acceptance of the payment order A payment service provider Article 522 1 performs a payment transaction only with the consent of the payer with the execution of the payment order.
2 the acceptance of a payment order shall be granted in accordance with the agreed between the payer and his payment service provider form and procedure. In the absence of such consent, a payment transaction if not allowed.
3 the consent may be revoked at any time, but not later than at the time of the irrevocable, under article 534 of the payment order by the payer be withdrawn. The same applies to a consent to the execution of a payment order on a series of payment transactions, which can be withdrawn with the result that any future payment transaction shall be considered as not allowed.

Article 523 1 If for the communication of the agreement of a specific payment instrument is used, the payer and the payment service provider agree on spending limits for pay services with that payment instrument will be made.
2 If this is agreed in the framework contract, the payment service provider to use a payment instrument block on the basis of objectively justified on grounds relating to: a. the security of the payment instrument;
b. the presumption of unauthorized or fraudulent use of the payment instrument; or c. the significantly increased risk that the payer is unable to meet its payment obligations arising from a use of the payment instrument that allows a credit space can be.
3 The payment service provider informs in the situations referred to in the second paragraph, the payer for or, if this is not possible, then without delay, on the block and the reasons therefor in the manner agreed in the framework agreement, unless doing this communication conflicts with objectively justified security reasons or is prohibited by any other applicable law.
4 The payment service provider, the blocking on the blocked payment instrument or replace by a new payment instrument as soon as the reasons for blocking no longer exist.

Article 524 1 The payment service user who is authorized to use a payment instrument, a. used the payment instrument in accordance with the conditions on the issuance and use of the payment instrument, and b. shall inform the payment service provider, or the entity specified by the latter, without delay of the loss, theft or unauthorised use of the payment instrument or of the unauthorized use.
2 for the purposes of the first paragraph, under (a), the payment service user, as soon as he receives a payment instrument, in particular all reasonable measures to ensure the safety of the personalised security features of it.

Article 525 1 The payment service provider who issues a payment instrument, a. ensures that the personalised security features of a payment instrument are not accessible to parties other than the payment service user entitled to use the payment instrument, without prejudice to article 524;
b. not unsolicited sends a payment instrument, except where a payment instrument already provided to the payment service user is to be replaced;

c. ensure that appropriate means are available at all times to the payment service user to make a notification under article 524, first paragraph, point (b), to do or to requests for waiver of blocking on the basis of article 523, paragraph 4;
d. provided at the request of the payment service user to eighteen months after the notification, referred to in (c), the means by which the latter can prove that he has made such a notification, and e. prevent the payment instrument can still be used once the notification in accordance with article 524, first paragraph, point (b), is done.
2 The payment service provider shall bear the risk of sending a payment instrument to the payer and of the personalised security features of it.

Article 526 The payment service user who is familiar with an unauthorized or erroneous payment transaction for which he received the payment service provider liable can couples including the liability grounds of article 543, 544 and 545, obtains only rectification of his payment service provider shall, without delay and no later than 13 months after him the value date on which its account is debited, knowledge of the transaction, unless the payment service provider , where appropriate, the information relating to that payment transaction has not supplied or made it available in accordance with the method laid down in or by virtue of the in article 4:22 of the financial supervision order in Council referred to.

Article 527 1 where a payment service user denies he has agreed with an implemented payment transaction or claims that the payment transaction was not correctly performed, his payment service provider held to prove that the payment transaction is authenticated, is properly registered and booked and not by a technical malfunction is affected.
2 If a payment service user denies he has agreed with a payment transaction carried out, is the fact that the use of a payment instrument recorded by the payment service provider is not necessarily conclusive evidence that the payment transaction by the payer or that the payer acted fraudulently is agreed or intentionally or with gross negligence, do one or more of its obligations under article 524 has not been fulfilled.

Article 528 1 without prejudice to article 526, the payment service provider of the payer, in case of an unauthorized payment transaction, immediately the amount of the unauthorized payment transaction and, where appropriate, he restores the debited payment account with that amount was, in the State such as that would have been, if the unauthorized payment transaction would not have taken place.
2 this provision is without prejudice to the right to compensation under the General rules of contract law.

Article 529 1 by way of derogation from article 528 carries the payer to an amount not exceeding 150 € the loss with respect to unauthorized payment transactions arising from the use of a lost or stolen payment instrument or, if the payer has failed to take the safety of the personalised security features of it, from illegal use of a payment instrument.
2 the payer shall bear all losses which result from unauthorized payment transactions, if this occurred because he has acted intentionally or with gross negligence or fraudulent one or more obligations under article 524 has not been fulfilled. In such cases, the maximum amount referred to in the first paragraph shall not apply.
3 In cases where the payer, without fraudulent or intentionally to have acted, its obligations under article 524 has failed, the Court may in the first and second paragraph of this article limit liability referred to, taking into account in particular the nature of the personalised security features of the payment instrument and the circumstances in which it is lost , stolen or unlawfully used.
4 after the notification in accordance with article 524, first paragraph, point (b), the use of the payment instrument no financial impact for the payer, unless they acted fraudulently.
5 If the payment service provider fails to in accordance with article 525, paragraph 1, point (c), appropriate resources with which at all times a notification referred to in article 524, first paragraph, point (b), it can be done, the payer is not liable for the financial consequences that result from the use of that payment instrument, unless he has acted fraudulently.

Article 530 1 a payer is entitled to the reimbursement by his payment service provider of a with its agreement, by or through a payee-initiated, payment transaction, already carried out if the following conditions are met: a. at the time which was agreed with the payment order is not specified the precise amount of the payment transaction, and b. the amount of the payment transaction is higher than the payer , on the basis of its previous spending pattern, the conditions of its framework agreement and relevant aspects of the case, reasonably could have expected.
2 The payment service provider shall provide the payer, at his request, the factual elements relating to the conditions for reimbursement.
3 The refund consists of the full amount of the executed payment transaction.
4 by way of derogation from paragraph 1, the payer and the payment service provider in the framework agreement agree that the payer at direct debits also entitled to reimbursement by his payment service provider mentioned in the first paragraph if the conditions for reimbursement are not fulfilled.
5 for the purposes of the first paragraph, under (b), the payer may not, however, with a currency exchange-related reasons, if the reference exchange rate is applied in accordance with the who under or pursuant to the order in Council referred to in article 4:22 of the financial supervision, certain with his payment service provider agreed.
6 by way of derogation from paragraph 1, the payer and the payment service provider in the framework agreements agree that the payer is not entitled to a refund if he its agreement with the relevant payment order on the payment transaction directly to his payment service provider has addressed and, where appropriate, information on the future payment transaction for at least four weeks before the due date on an agreed way by the payment service provider or by the beneficiary had been provided or made available to the payer was asked.

Article 531 1 the payer may, during a period of eight weeks after the date on which the funds are debited to the refund referred to in article 530 requests.
2 within ten working days after receipt of an application for refund the payment service provider pays the full amount of the executed payment transaction back or he reports that he refuses to refund.
3. If the payment service provider refuses to repay, he motivates what the reasons are and does he Declaration of dispute resolution body, referred to in article 4:17, paragraph 1, subparagraph (b), of the Act on financial supervision, to which the payer can turn if he does not accept this refusal.
4 The right referred to in the second paragraph of the payment service provider to refuse the refund shall not apply in the case of article 530, fourth paragraph.

Section 3. Execution of the payment transaction section 1. Payment orders, fees and amounts transferred Article 532 1 time of receipt is the time when the not-directly by the payer or by or through a payee directly given by the payment service provider of the payer payment order is received.
If the time of receipt for the payment service provider not on a business day, the payment order received shall be deemed to have been received on the next working day. The payment service provider may a deadline at the end of a working day setting, after which time a payment order received shall be deemed to have been received on the next working day.
(2) if the payment service user who initiates a payment order and his payment service provider agree that the execution of the payment order starting on a specific date, at the end of a specified period or on the day on which the payer resources of his payment service provider, the time of receipt of the order shall be deemed for the purposes of article 537 on the agreed day. If the agreed day is not a working day for the payment service provider, the payment order received shall be deemed to have been received on the next working day.

If the payment service provider refuses a pay Article 533 1 command, the payment service user is informed of this refusal and, if possible, of the reasons therefor and the procedure for correcting any factual errors that have led to the refusal, unless prohibited by national or Community legislation.
2 The payment service provider shall provide or sets the notification as soon as possible – available – in the agreed manner, and in any case within the time limits mentioned in article 537.
3 In the framework agreement can the condition be argued that the payment service provider may levy charges for such notification if the refusal is objectively justified.

4 if all in the framework agreement of the conditions laid down are met, the payer's payment service provider of the payer refuses not to perform a permitted payment order, regardless of whether the payment instruction by a payer or by a beneficiary is initiated.
5 a payment order, the implementation of which is denied, will be deemed not to have been received for the purposes of applying Articles 544 and 545, 543, 537.

Article 534 1 The payment service user may not revoke a payment order more from the time of receipt referred to in article 532, first paragraph, unless otherwise provided for in this article.
(2) if the payment transaction is initiated by or through the payee, the payer may not revoke the payment order after the payment order or its agreement with the execution of the payment transaction to the payee.
3 In the case of a direct debit and without prejudice to the rights of the payer can revoke the payment order, however, refund, at the latest at the end of the working day preceding the day on which the payment account is debited according to appointment.
4 In the case referred to in article 532, second paragraph, the payment service user may revoke a payment order until the end of the working day preceding the agreed day.
5 after the Member referred to in the first to fourth terms can only be revoked if the payment order the payment service user and his payment service provider between this is agreed. In the case referred to in the second and third member is also required the consent of the beneficiary.
6 If this is agreed in the framework contract, the payment service provider may charge for revocation.

Article 535 1 The payment service provider of the payer, the payment service provider of the payee and any intermediaries of the payment service providers make the full amount of the payment transaction and keep on amount transferred, no fee 2 the beneficiary and his payment service provider may in departure from the first paragraph agree that the payment service provider costs on the amount transferred means before he credit the beneficiary's account with it. In this case, the full amount of the payment transaction and the rate are listed separately in the information that is provided to the beneficiary.
3 if costs other than those referred to in the second paragraph on the amount transferred be withheld, the payment service provider of the payer shall ensure that the beneficiary the full amount of the payment transaction initiated by the payer. If the payment transaction is initiated by the payee, his payment service provider sure the full amount of the payment transaction is received by the beneficiary.

Paragraph 2. Execution time and value date Article 536 1 this section applies to: a. payment transactions in euro; and b. payment transactions with just one currency exchange between the euro and the currency of a Member State whose currency is not the euro, provided that the required currency exchange is carried out in the Member State concerned where the euro is not the currency and, in the case of cross-border payment transactions, the transfer shall be made in euro.
2 this section shall apply to other payment transactions, the payment service user and his payment service provider unless otherwise agreed, with the exception of Article 541, by which provision cannot be derogated from. If the payment service user and his payment service provider, however, a period which is longer than that period in article 537 is provided for intra-Community payment transactions not exceed four working days from time of receipt in accordance with article 532.

Article 537 1 The payment service provider of the payer shall ensure that the payment service provider of the payee's payment account at the latest at the end of the next working day after the time of receipt in accordance with article 532 for the amount of the payment transaction is credited. This term for payment transactions that are initiated, on paper with a working day shall be renewable.
2 The payment service provider of the payee valuteert the amount of the payment transaction and sets the available on the payment to the beneficiary's account, as soon as the payment service provider has received the money in accordance with Article 541.
3 The payment service provider of the payee shall send a payment order initiated by or through the payee to the payment service provider of the payer and his payment service provider within the time limits agreed between the beneficiary, so that direct debits on the agreed date.

Article 538 if the beneficiary does not payment account with the payment service provider, the payment service provider that the money money resources by the resources for the benefit of the beneficiary receives, made available to the beneficiary within the time limit specified in article 537.

Article 539 1 If a consumer cash deposits on a payment account with a payment service provider in the currency of that payment account, that payment service provider sure the amount immediately after the time of receipt of the funds is made available and is gevaluteerd.
(2) if the payment service user is not a consumer, the amount not later than on the next working day after the receipt of the funds in the payment account of the beneficiary made available and gevaluteerd.

Article 540 At order in Council can for national payment transactions in shorter maximum execution times than those provided for in this paragraph be made are determined.

Article 541 1 the value date of crediting the checking account of the beneficiary is at the latest on the working day on which the amount of the payment transaction on the payment service provider of the payee's account is credited. The payment service provider of the payee shall ensure that the amount of the payment transaction at the disposal of the beneficiary comes once that amount on the account of the payment service provider of the payee is credited.
2 the value date of the debit to the payment account of the payer does not fall earlier than the time at which the amount of the payment transaction of that account is debited.

Paragraph 3. Liability Article 542 1 If a payment order is carried out on the basis of a unique identifier, the payment order shall be deemed to have been executed correctly what the in the unique identifier specified beneficiary.
2. If the unique identifier provided by the payment service user is incorrect, the payment service provider shall, on the basis of articles 543, 544 and 545 shall not be liable for the non-execution or defective execution of the payment transaction. However, the payment service provider of the payer delivers reasonable efforts to the value of the payment transaction with cash back. If this has been agreed in the framework contract, the payment service provider, the payment service user for the terugverkrijgen fee.
3. If the payment service user provided additional information in addition to the information required under the under or pursuant to the order in Council referred to in article 4:22 of the law on financial supervision, the payment service provider is certain is required, only be liable for the execution of payment transactions in accordance with the unique identifier provided by the payment service user is specified.

Article 543 1 If a payment order is initiated by the payer, the payment service provider of the payer, without prejudice to article 542 526, article, paragraphs 2 and 3, and Article 548, to the payer liable for the correct performance thereof, unless he opposite the payer and, where relevant, the payment service provider of the opposite beneficiary can prove that the payment service provider of the payee has received the amount of the payment transaction in accordance with article 537 , first paragraph, in which case the payment service provider of the beneficiary be liable to the payee for the correct execution of the payment transaction.
(2) if the payment service provider of the payer is liable under the first paragraph, he pays the payer shall, without delay, the amount of the non-executed or defective payment transaction and, where appropriate, he immediately restores the debited payment account with that amount was, in the State such as that would have been, if the defective payment transaction would not have taken place.
3. If the payment service provider of the payee is liable under the first paragraph shall inform immediately the amount of the payment transaction at the disposal of the beneficiary and he credits, if applicable, the payment to the beneficiary's account with the corresponding amount.
4 If a payment transaction initiated by the payer, the payment service is defective or not running provider of the payer, regardless of liability under this article shall, on request, immediately, to trace the payment transaction and shall so inform the payer about the results thereof.

Article 544 1 If a payment order is initiated by or through the payee, the payment service provider of the payee, without prejudice to article 542 526, article, paragraphs 2 and 3, and Article 548, be liable to the payee for the correct transmission of the payment order to the payment service provider of the payer in accordance with article 537, paragraph 3.

(2) if the payment service provider of the payee is liable under the first paragraph he gives the payment order concerned immediately to the payment service provider of the payer.
3 in addition, the payment service provider of the payee, without prejudice to article 542 526, article, paragraphs 2 and 3, and Article 548, be liable to the beneficiary for the covering of the payment transaction in accordance with its obligations under Article 541. If the payment service provider of the payee is liable pursuant to paragraph 1 shall ensure that the amount of the payment transaction is at the disposal of the beneficiary immediately as soon as the payment account of the payment service provider of the payee with the corresponding amount has been credited.
4 in the case of a non-executed or defective payment transaction for which the payment service provider of the payee shall not be liable under the first and second paragraph, the payment service provider of the payer be liable to the payer. If the payment service provider of the payer is liable under the first sentence of this paragraph he pays, where appropriate, the payer shall, without delay, the amount of the non-executed or defective payment transaction back and he immediately restores the debited payment account with that amount was, in the State such as that would have been, if the defective payment transaction would not have taken place.
5 If a payment transaction initiated by or through the payee, the payment service is defective or not running provider of the beneficiary, regardless of liability under this article shall, on request, immediately, to trace the payment transaction and shall inform the beneficiary about the results thereof.

Article 545 In the cases referred to In 543 and 544 articles are also liable to their respective payment service providers payment service users for the costs for which the latter be liable and the interest charged to the payment service user come because of non-execution or defective execution of the payment transaction.

Article 546 this paragraph shall apply without prejudice to the right to additional damages under the General rules of contract law.

If the liability of a payment service provider article 547 1 under articles 543, 544 and 545 attributable to another payment service provider or a payment service provider or intermediary shall compensate intermediate, that the first payment service provider for all losses that have occurred and the amounts paid under articles 543, 544 and 545.
2 this provision is without prejudice to the right to additional damages under the between the payment service providers and payment service providers and intermediaries between the contracts.

Article 548 The liability under sections 2 and 3 of this title does not apply to abnormal and unforeseeable circumstances that are independent of the will of the one who is the consequences despite all precautions could not be prevented, nor should a payment service provider under national or Community legislation.

Section 4. Final provisions article 549 under or pursuant to the order in Council referred to in article 4:22 of the financial supervision, which rules with respect to the content and the provision of the information required by title III of the directive, can also be made for the purposes of the rules in articles 516, 517, 518, 526 , 530, fifth member, and 542.

Article 550 1 the provisions in this title can not be derogated from to the detriment of the payment service user, unless otherwise specified.
(2) if the payment service user is not a consumer, can parties agree that articles 516 to 519, 520, 522, paragraph 3, first paragraph, 527, 529 to 534, 543, 544 and 545 531, in whole or in part are not applicable. The parties may agree a different period than that which is laid down in article 526.

Article 551 1 the provisions under or pursuant to the order in Council referred to in article 4:22 of the financial supervision can for as far as the rules regarding the content and the provision of the information required by title III of the directive made pursuant to articles 516, or 517, 518, 526, 530 , fifth member, and 542, not be derogated from to the detriment of the payment service user, unless otherwise provided for in the law.
(2) if the payment service user is not a consumer, can parties agree that of the rules referred to in paragraph 1 may be waived, except insofar as they are made for applying articles 526 and 542.

Title 9. Safekeeping Article 600 safekeeping is the agreement in which one party, the custodian, across from the other party, the depositor, connects, a case that entrust him or will entrust the depositor, save and give back.

Article 601 1 if the agreement by the custodian in the exercise of his profession or business is entered into, the depositor is owed him wages.
(2) if wage is due, but the height is determined not by parties, the depositor the wage calculated in the usual way or, failing that, a reasonable wage due.
3 the depositor must compensate the custodian to custody connected expenses, in so far as they are not included in the wage, as well as the damage that the custodian has suffered as a result of the custody.

Article 602 The custodian must employ the care of a good keeper.

Article 603 1 The custodian may only use the case as far as the depositor opt-in consent, or use is necessary to the case in working order or bring.
2 without the consent of the depositor, the custodian not in custody to a third party unless this is in the interest of the depositor is necessary.
3 for behaviour of a sub-custodian in relation to the matter is the custodian similarly liable if for their own behaviors, not against unless the safekeeping custodian fees and the custodian to give forced sub-deposit was owing to him not attributable conditions.

Article 604 the fruits that the case in the period between receipt and return, by the custodian should be paid to the depositor.

Article 605 1 the depositor can immediate return and the custodian immediate repossession of the case.
2 due to serious reasons, the district judge of the Court of the district in which the property is situated, at the request of one of the parties to the previous paragraph, or of the agreement deviating time for the return or repossession. This paragraph shall not apply in the case of judicial custody.
3 the return must be carried out at the place where the case should be stored according to the agreement, unless the agreement another place for the restitution is appropriate.
4 The custodian is obliged to give the case back in the State in which he has received her.

Article 606 if two or more persons together a case in custody have taken, they are jointly committed to return and to compensation for the damage which is the result of a failing in the fulfilment of that obligation, unless the deficiency to none of them.

Article 607 1 If in respect of a safekeeping a isika or other piece of bearer or order is issued, before delivery of the goods supply business as delivery of that matters.
2 the first paragraph shall not apply to registered property.

Article 608 1 if a sub-custodian by a depositor outdoor agreement for damage suffered in connection with the case, he is liable vis-à-vis this no further than he would be if other party to the contract, in which the depositor has given the case in custody.
2 If a custodian outside agreement for damages relating to the matter is addressed by a third party that no depositor is, he is not further liable than he if other party of the depositor from the agreement concluded with this would be.
3 If a sub-custodian is addressed by such a third party, he is not further liable as custodian than he on the basis of the previous paragraph.
4 the previous members cannot be invoked by a custodian or sub-custodian that at the conclusion of the agreement by virtue of which he received, the case knew or should belong to know that his other party against whomsoever by whom he was called, was not competent to give the case to him in custody.

Article 609 1 the hotel owner is like a custodian liable for damage to or loss of business, which in the hotel are brought by a guest who has taken up residence there.
2 he is not liable for actions of persons who the guest in hotel has brought back or invited, and for damage caused by things that the guest has brought along.
3 he has on the matters referred to in paragraph 1, a right of retention for all that he has to be recovered in respect of the guest's guest accommodation, costs, refreshments and as hotel owner supplied services.

Title 10. Contract section 1. General provisions article 610


1 the employment contract is the agreement in which one party, the employee, undertakes for the benefit of the other party, the employer, to work against wage during certain period of time.
(2) If an agreement both to the description of paragraph 1 as to that of another special kind of agreement regulated by law, the provisions of this title and for the other sort of agreement provisions given next to each other. In case of conflict the provisions of this title.

Article 610a he who benefit of another against reward for three consecutive months, by those other weekly or for at least twenty hours per month works is suspected this to work under employment contract.

Article 610b If a contract of at least three months, the agreed labour in only month suspect a size to have equal to the average size of labor per month in the previous three months.

Article 611 the employer and the employee are required as a good employer and a good employee.

Article 611a the employer shall inform the employee training which is necessary for the performance of his duties and, as far as reasonably may be required, for the continuation of the employment contract if the position of the employee will be void if he is no longer able to fulfill this.

Article 612 1 a minor who has reached the age of sixteen years, is able to enter into an employment contract. He is in anything relating to that contract of employment with an adult right, and can without assistance of his legal representative appear straight.
(2) If an incompetent minor a labour agreement and then four weeks in the service of the employer without his legal representative labour has done a job on the ground in the disability located destruction has done, it shall be deemed that representative's consent to enter into this contract.
3 A minor who is unable with the consent of the legal representative has entered into an employment contract, in anything relating to that contract of employment with an adult right, subject to the provisions of paragraph 4.
4 An incompetent minor may not without his legal representative in appear straight, except when the Court has shown that the legal representative is not able to explain.

Article 613 the employer may only appeal to a written clause that gives him the power a condition of employment in the employment contract common to modify, if conducting the change such a ponderous interest that the importance of the employee that would be harmed by the amendment, to standards of reasonableness and fairness must give way.

Article 613a [expired per 04-03-1998] article 613b [expired per 04-03-1998] article 613c [expired per 04-03-1998] the time limit referred to in Article 614 article 52 paragraph 1 (d) of book 3, starts with destruction arising from this title soils with the start of the day following the day on which the agreement is done.

Article 615 the provisions of this title shall not apply in respect of persons employed by State, province, municipality, water board or any other public-law body, unless they either before or at the start of the employment relationship by or on behalf of parties or by law or regulation, shall apply.

Section 2. Article 616 wages the employer is obliged the employee his wages on the given time.

Article 616a 1 if work is done in the service of the employer for the purposes of a contract or of adoption of work are the employer and his client will be jointly and severally liable for the payment of the money owing to the employee.
2 by way of derogation from paragraph 1, the principal, referred to in paragraph 1, shall not be liable if he/she establishes that him straight, having regard to the circumstances of the case, cannot be blamed that the pay referred to in paragraph 1, is not satisfied.
3 this article shall not apply to a natural person not acting in the exercise of a profession or business.

Article 616b 1 if work is done in the service of the employer for the purposes of one or more between a principal, the contractor or contractor agreements, is, subject to paragraphs 2 to 5, each client shall be liable for the payment of the owed by the employer to the worker wage.
2 A claim under paragraph 1 is only possible at the next higher client, if a claim under article 616a or a claim against the besides lower client failed because the employer or his client or the next to lower client: a. no known domicile or known real residence;
b. not in the trade register referred to in article 2 of the Handelsregisterwet 2007, or a foreign registry for enterprises is registered;
c. has been declared bankrupt and the pay referred to in paragraph 1, not by settlement of the other income can be met;
d. in the event of an irrevocable court decision has been sentenced to the payment of the wage, referred to in paragraph 1, and not the pronunciation can be implemented; or e. as far as a client is concerned, is not liable for non-fulfilment of the pay referred to in paragraph 1.
3 by way of derogation from paragraph 1, the principal, referred to in paragraph 1, shall not be liable if he/she establishes that him straight, having regard to the circumstances of the case, cannot be blamed that the pay referred to in paragraph 1, is not satisfied.
4 Notwithstanding the order pursuant to paragraph 2, the employee may the client who does not act on behalf of another client liable for the payment of the wage, referred to in paragraph 1, if: (a) a claim under article 616a failed because of a circumstance referred to in paragraph 2;
b. the employee the client referred to in the chapeau, on written or electronic way has said that he has a claim under paragraph 1 or article 616a that he who has not been able to set up because of a circumstance referred to in paragraph 2, part a;
c. the claim, in accordance with paragraph 2, each time is set against the next higher client; and d. that claim after a year is not met, starting from the day after the day on which the communication referred to in paragraph (b), is done.
5 by way of derogation from paragraph 4 part d can the employee six months after the day on which the communication referred to in paragraph 4 of part b, is done, the client, not acting on behalf of another client liable for the payment of the wage, referred to in paragraph 1, if the claim means that for at least three consecutive months , less than half of the money owing or less than 70% of the applicable minimum wage, referred to in article 7 of the law minimum wage and minimum holiday allowance Act, is met.
6 this article shall not apply to a natural person not acting in the exercise of a profession or business.

Article 616c if the work is carried out in Netherlands, articles 616a, 616b and 616d to 616f apply, regardless of the law applicable to the employment contract, or the contract of adoption of work.

Article 616d The patron who has paid a claim under article 616b, story on all goods of: a. the employer; or b. the ordering party against whom the action on the basis of article 616a or 616b failed because of a circumstance referred to in article 616b (2) part a, b or d.

Article 616e 1 with a view to setting up a claim as referred to in article 616a, 616b article provided every client or the supplier, contractor or employer to the employee if so requested in writing or electronic data relating to the name, place of residence or the real residence of: a. the client, the supplier, contractor or employer, with whom the client, the supplier, contractor or employer referred to in the chapeau, a Commission contract or contracting of work has closed; and b. the client, not acting on behalf of another client.
(2) if the client, the contractor or contractor, not also being the employer, the data referred to in paragraph 1, not within two weeks after the request of the employee, the employee can provide that principal, the contractor or contractor, by way of derogation from the order on the basis of article 616b member liable on the basis of article 2, 616b.

Article 616f Each clause in breach of articles 616a to 616e is void.

Article 617 1 fixed the form of wage should not be different than: a. money;
b. If that form of wage is customary or desirable because of the nature of the enterprise of the employer: business, suitable for the personal use of the employee and of his own House, with the exception of alcoholic drinks and other health-endangering stimulants;
c. the use of a property, as well as lighting and heating;
d. Services, facilities and activities by or on behalf of the employer to do, education, room and Board;

e. effects, claims, other claims and supporting documents and vouchers.
2 in paragraph 1 (b), (c) and (d) business, services and facilities may not be awarded higher value than those with actual value corresponds.

618 article If no wages, the employee wage claim that at the time of the conclusion of the agreement for labor as was usual the delivered item, or, in the absence of such a measure, on a wage that taking into account the circumstances of the case in equity is determined.

Article 619 1 If the wages for the whole or part of an amount that is subject to any given that from the books, records or other data carriers of the employer must be able to prove, the employee has the right of the employer to require submission of such evidence, given that if he needs to.
2 a party may by written agreement to which, by way of derogation from paragraph 1, presentation of the said evidence shall come to pass. As such cannot be designated employees employed by the employer with the accounts are taxed.
3 only comes to the employee the power to to destruction of a term that is different from the second sentence of paragraph 1 or 2, a job on the ground to do destruction.
4 presentation of the supporting documents shall be desverlangd by or on behalf of the employer under the express obligation of secrecy by the employee and the person who replaces him in accordance with paragraph 2; This, however, can never be required to maintain the attitude to the employee, except insofar as it concerns the profit in the enterprise of the employer or in a part thereof.

Laid down in article 620 1 The payment of the money wage shall take place in Dutch legal tender or by cashless payments in accordance with article 114 of book 6.
2 The payment of the wage in money in foreign money can come to pass, if this is agreed. However, the employee is entitled to demand fulfillment in Dutch money as of the second coming payday. If conversion is required, shall be made to the rate referred to in articles 124 and 126 of book 6.
3 the satisfaction of in other ingredients than cash wage shall be determined in accordance with those agreed or, if no agreed, according to the usage.

Article 621 1 payment of the wage, unlike article 620 is provided or, in other forms is determined by article 617 is allowed, is not liberating. The employee reserves the right, in the money owing or, if this is adopted in a form other than money, the value of the performance owed by the employer to be recovered without being obliged to be at the non-releasing satisfaction got to give back.
2 Nevertheless, the Court may for assignment of the claim of the employee the sentencing limit to such amount as him with a view to fair conditions will occur, but at the latest until the sum which the damage suffered by the employee will be fixed.
3 a legal claim by the employee under this article shall become statute-barred by expiry of six months from the day on which the non-releasing satisfaction takes place.

Laid down in article 622 the satisfaction of money wages that are not in application of article 114 of book 6 takes place, shall be implemented either in the place where the work is carried out in the line, either at the premises of the employer where this is located is in the same town as the one in which the majority of workers live, either to the home of the employee , at the discretion of the employer.

Article 623 1 the employer is obliged to pay the money to meet in time band set at the end of the period during which the wages should be calculated on the basis of the agreement, it being understood that the period for payment not less than one week and not longer than one month.
2 the period at the end of which the wage must be met, it may be extended by written agreement, but not longer than up to a month when the period during which the wages should be calculated on the basis of the agreement, a week or less, and to no longer than a quarter when the period during which the wages should be calculated on the basis of the agreement , a month or longer.
3 only comes to the employee the power to to destruction of a term that is different from this article, a job on the ground to do destruction.

Laid down in article 624 1 if the money wage depends on the results of the work to be carried out, the employer the payment terms governing the to time band set wage for similar work, unless having regard to the provisions of article 623 other terms have been agreed.
(2) If on the payday the amount of the wage as referred to in paragraph 1 is not yet to be determined, is the employer required to pay a deposit amounting to the wages which the employee could make on average per payment period claim over the three months before the payday or, if that is not possible, amounting to the usual wage for similar work.
3 can be agreed in writing that the advance on a lower amount, but not less than three quarters of the average wage in three months respectively prior to the payday of the usual wage for similar work.
4 as far as the wage laid down in money exists in an amount that is subject to any given that from the books, records or other data carriers of the employer must be able to prove, is the employer required to pay each time the amount of wages that can be determined, with the understanding that satisfaction takes place at least once a year.
5 Only comes to the employee the power to to destruction of a term that is different from this article, a job on the ground to do destruction.

Article 625 1 as far as the salary or the portion determined in money that remains after deduction of which 628 by the employer in accordance with article should be settled, and after deduction of what third parties assert rights in accordance with article 633, is not due and payable no later than the third working day following that on which the Member pursuant to articles 623 and 624 1 satisfaction should have been made , the employee, if this failure to meet the employer is attributable, claim to be a increase due to delay. This increase amounts to for the fourth to the eighth working day five percent per day, and for each subsequent working day a percent, with the understanding that the increase in no way half of the amount will go to the top. Nevertheless the Court may limit the increase to such amount as him with a view to fair conditions will occur.
2 of this article may not be derogated from to the detriment of the employee.

Article 626 1 the employer is compulsory for any payment of the wage in money the employee to provide a written or electronic of contents of the wage amount, of the specified amounts from which this is composed, of the amounts specified on the salary amount withheld, as well as the amount of the wages which a person of the age of the employee over the period for which the pay is calculated pursuant to the provisions in or under the law minimum wage and minimum holiday allowance Act is entitled unless compared to the previous satisfaction in none of these amounts, a change has occurred.
2 The Declaration also mentions the name of the employer and the employee, the period for which the pay is calculated, as well as the agreed working hours.
3 the employer provides the electronic declaration in such a way that the worker can be stored and accessible for later access.
4 for providing an electronic task requires the explicit consent of the employee.
5 of this article may not be derogated from to the detriment of the employee.

Article 627 No wage is payable for the time during which the worker the agreed labour has done.

Article 628 1 the employee shall retain his entitlement to the time band set to wage if he has done the agreed labour a cause that, within reason, to be paid by the employer belongs.
2 If the employee pursuant to any statutory warranties that cannot be excluded under any insurance or insurance or from any fund in which the participation is agreed upon or resulting from the employment contract, a monetary distribution, the wages are reduced by the amount of that benefit.
3 If the wage in money otherwise than to time band is established, the provisions of this article shall apply, it being understood that if wage is considered the average wage that the worker, when he had not been prevented, during that time can earn.
4 However, The pay is reduced by the amount of the expenses that the employee themselves by non-carrying out the work has saved.
5 of paragraph 1, for the first six months of the employment contract by written agreement or arrangement authorized by or on behalf of a governing body be derogated from to the detriment of the employee.
6 In case of successive fixed-term contracts as referred to in article 668a a derogation as referred to in paragraph 5 for a maximum total of six months, agreed.

7 by collective agreement or by or on behalf of an authorized scheme governing body can the period referred to in paragraph 5, for to that agreement or arrangement to determine functions be extended, provided that the work connected to that features occasional in nature and no fixed size.
8 by arrangement of Our Minister for Social Affairs and employment may, at the request of the Foundation of the Labor state that on certain industries, or parts thereof, paragraph 5, 6 or 7 is not applicable.
9 Any term that to the detriment of the employee deviates from this article is void.

Article 628a 1 if a working size of less than 15 hours per week is agreed and the times at which the work is to be carried out have not been committed, or if the size of the labour or ambigious, has the employee for any period of less than three hours in which he has carried out work, right to the pay which he would have if he claim three hours labor would have done.
2 of this article may not be derogated from to the detriment of the employee.

Article 629 1 as far as the wage does not exceed the amount referred to in article 17, first paragraph, of the law funding social insurance, in respect of a pay period of one day, retains the employee for a period of 104 weeks entitled to 70% of the time band set to wage, but the first 52 weeks at least at the statutory minimum wage for him If he has done the stipulated labour not because he related to incapacity due to illness, pregnancy or childbirth was prevented from doing so.
2 by way of derogation from paragraph 1, the right referred to in that paragraph for a period of six weeks for the employee: a. normally less than four days a week provides services exclusively or almost exclusively for the benefit of the household of the natural person to whom he is enrolled; or (b) in article 7, part a, of the General old age pensions Act has reached age referred to.
If the disability began because of illness for the date on which the employee has reached the age referred to in subparagraph (b), applies from that date the time limit referred to in this paragraph, provided that the total period does not exceed 104 weeks.
3 the employee has the right provided for in paragraph 1 shall not: a. If the disease is caused by his wilful misconduct or is due to a shortcoming in the framework of an employment agreement has provided false information and thereby the cross-check with the for the function could not be executed requirements drawn up loadability;
b. for the time, during which his his healing is obstructed or delayed;
c. for the time, during which he, though he is able to do this, without proper ground 658a Member appropriate employment referred to in article 4 for the employer or a third party designated by the employer, that the employer allows him, not carried out;
d. for the time, during which he without proper soil refuses to cooperate by the employer or by an expert designated by him given reasonable rules or measures taken aimed at the employee to enable appropriate employment referred to in article 658a paragraph 4;
e. for the time, during which he without proper soil refuses to cooperate in the drafting, evaluating and adjusting a plan of action referred to in article 658a (3);
f. for the time during which he without proper land application for an allowance referred to in article 64, first paragraph, of the law work and income according to labour capacity submit later than prescribed in that article.
4 by way of derogation from paragraph 1, the female employee the law during the period referred to in that paragraph that they enjoy pregnancy or maternity leave: 1 in accordance with article 3, paragraphs 2 and 3, of the Employment Act and care.
5 the pay is reduced by the amount of any pecuniary benefit that the employee is granted only legal prescribed insurance or under any insurance or from any fund in which the employee does not take part, in so far as this benefit relates to the agreed wage labor from which it is enjoyed. Furthermore, the wage is reduced by the amount of income, by the employee in or out of employment for work that he has done during the time that he, if he had been, the agreed labour had not prevented.
6 the employer is authorized the payment of the wage referred to in paragraph 1 to suspend for the time during which the employee does not keep to reasonable regulations issued in writing by the employer on providing the information that the employer needs to establish the right to wage.
7 the employer can no longer do on only ground not to pay wages in whole or in part, or to suspend the payment of the employee, if he has given no knowledge thereof without delay after he developed the presumption of the existence of which is raised or could reasonably be expected to rise.
8 article 628 paragraph 3 shall apply mutatis mutandis.
9 of this article, to the detriment of the employee only so much be derogated from that stipulated that the employee on the first two days of the period referred to in paragraphs 1 or 2 are not entitled to a wage.
10 for the purposes of paragraphs 1, 2 and 9 are periods, during which the worker is related to incapacity due to illness, pregnancy or childbirth is unable to work, have been added together if they each other with a break of less than four weeks, or if they directly precede and hook up to a period of maternity or maternity leave is enjoyed as referred to in article 3:1 , paragraphs 2 and 3, of the Employment Act and care, unless the disability is not reasonably be supposed to stem from the same cause.
11 the epoch of 104 weeks, pursuant to paragraph 1 shall be extended: a. with the length of the delay if the application referred to in article 64, first paragraph, of the law work and income according to labour capacity is done later than in or on the basis of that article;
b. with the duration of the extended period during which the implementing employee insurance under article 24, paragraph 1, of the law work and income according to labour capacity and with the duration of the period referred to in article 25, ninth paragraph, first sentence, of that Act;
c. with the duration of the extension of the withdrawal period referred to in article 19, first paragraph, of the law on insurance against incapacity for work, if the waiting time under the seventh paragraph of that article is extended; and (d). with the duration of the period during which the implementing employee insurance pursuant to article 71a, ninth paragraph, of the law on insurance against incapacity for work.
12 if the employee appropriate employment referred to in article 4 shall be carried out, the employment contract 658a Member published in full in position.
13 for the purposes of paragraph 2, introductory phrase and subparagraph (a), under the provision of services for the benefit of a household include the provision of care to the members of that household.

629a article 1 the court assigns a claim for payment of wages as referred to in article 629, if the demand is not accompanied by a statement of an expert, appointed by the implementing employee insurance, mentioned in Chapter 5 of the law on work and income implementation structure organization, employee the agreed foreclosure or other appropriate to work respectively its fulfilment of the obligations referred to in article 660a.
2 paragraph 1 shall not apply if the foreclosure is not contested or, respectively, the performance presentation of the statement of the worker can not reasonably be demanded.
3 the expert, who has accepted his appointment, is impartial and to the best of his research required to accomplish.
4 the expert as doctor, the relevant information for his research about the employee ask the treating doctor or the attending doctors. They provide the information requested as far as thereby the privacy of the employee are not disproportionate.
5 the Court may on application by any party or of its own motion, order the expert further written or oral statement explains or complements.
6 the worker is in respect of a claim referred to in paragraph 1 only in the cost of the employer as provided for in article 237 of the code of civil procedure, convicted in case of unjustified use of procedural law.
7 by collective agreement or arrangement authorized by or on behalf of a governing body may provide for the expert referred to in the first paragraph by a person other than the employee insurance, mentioned in Chapter 5 of the Act organization work and income implementation structure is designated.

Article 629b [expired per 01-12-2001] article 630 1 the employer who temporarily prevented the wage, as far as this is laid down in a form other than cash, to be paid without that this is the result of its own at the hands of the employee, is guilty of this a fee, the amount of which is fixed by agreement or, in the absence of an agreement , by the judge is determined according to the use or fairness.
2 of this article may not be derogated from to the detriment of the employee.

Article 631


1 a term which the employer the right pay any amount on the payday, is void, without prejudice to the competence of the employee to the employer to provide a written power of attorney to get out of the pay out wage payments in his name. This proxy is revocable at all times.
2 terms by which the employee against the employer directs receiving salary or other income or a portion thereof are in certain way to spend, and terms under which the employee undertakes are amenities on a particular place or at a particular person to purchase, are void.
3 paragraphs 1 and 2 shall not apply to the circumstances in which the worker undertakes: a. to take part in a pension fund as referred to in article 1 of the Pension Act and in respect of which the requirements of this Act are met;
b. contribute to the premium payment for insurance in accordance with the requirements laid down in that regard by the Pensions Act;
c. to take part in any other Fund than in part a referred, provided that the Fund complies with the conditions, by order in Council;
d. taking part in a scheme to save on his behalf, other than in the parts (a) to (c), provided that the scheme meets the conditions, by order in Council.
Under any other Fund as referred to in part (c), shall not be regarded as a fund that aims to the employer or the employee to do a benefit related to the right of the employee on paid during illness, pregnancy or childbirth as referred to in article 629 (1) or with the payment of a benefit referred to in article 83 of the law work and income according to labour capacity or as referred to in article 75A of the law on insurance against incapacity for work.
4 for the fulfillment of a term as referred to in paragraph 3, the employer the necessary amounts on the wage of the employee; He is then obliged these amounts in accordance with the stipulation for the benefit of the employee.
5 on the participation of a minor to an arrangement referred to in paragraph 3, article 612 shall apply mutatis mutandis.
6 If the employee pursuant to a void clause as referred to in paragraph 2 an agreement with the employer or a third party has entered into, he has the right what he has paid for that purpose by the employer. If he has entered into the agreement with the employer, he has the power to destroy the agreement.
7 the Court may for assignment of a claim by the employee under paragraph 6 the obligation to pay the employer limited to such amount as him in view of the circumstances, great, but at the latest until the sum which he the damage suffered by the employee.
8 a legal claim by the employee under this article shall become statute-barred by expiry of six months from the day of the creation of the right of action.

Article 632 1 except at the end of the employment contract is set off by the employer of his debt to pay in respect of the wage only permitted with the following claims on the employee: a. the due to the employer by the employee compensation;
b. the fines, by the employee to the employer owed according to article 650, provided by this documentary evidence shall be issued, which mentions the amount of each fine as well as the time and the reason why it has been imposed, stating the violated provision of a written agreement;
c. the advances on the wage, in money by the employer to the employee in writing, provided that;
d. the amount by which the wages too much is paid;
e. the rental price of a house or another space, a piece of land or tools, machinery and tools, by the employee in private business, and that by written agreement by the employer to the employee are rented.
2 set off has no place on the part of the wages to which seizure from the employer not valid can be. In respect of which the employer pursuant to paragraph 1, part b, could be recovered, by him at every payment of the wages are not be settled more than a tenth of the money in that case would have to be paid wages that laid down.
3 what the employer laid under a wage garnishment means, comes in as a deduction from for set-off permitted maximum.
4 A clause whereby the employer would get a wider jurisdiction to set off, is voidable, except that the employee is competent to destruction in respect of each individual verrekeningsverklaring of the employer that the validity of the clause.

Article 633 1 Transfer, pledging or any other act whereby the employee any right to assign his wages to third parties, is only in so far as valid if a batter on his wages would be valid.
2 a power of attorney to the advancement of pay is granted in writing. This proxy is revocable at all times.
3 of this article may not be derogated from.

Section 3. Holidays and leave Article 634 1 the employee acquires about every year in which he agreed during the full working time law has had on wages, holiday entitlement of at least four times the agreed working hours per week or, if the agreed working time is expressed in hours per year, of at least a corresponding time.
2 the employee who is a part of a year has had right to wage, acquires about that part holiday entitlement that a proportional portion of what amounts to which he would be entitled if he throughout the year was entitled to wage over the entire agreed working hours.
3 by collective agreement or arrangement authorized by or on behalf of a governing body may impose workers whose employment contract ends after this has lasted at least a month, of paragraph 2 be waived so that the holiday entitlement is calculated on periods of a month.

Article 634 635 1 by way of derogation from article acquires the employee holiday entitlement over the period, during which he is not entitled to set pay in money, because: a. He, other than for exercise and training, as a conscript is called in order to carry out his military service or alternative service;
b. He holiday as referred to in article 641 (3);
c. He, with the consent of the employer, participate in a meeting organised by a trade union of which he is a Member;
d. He, otherwise than as a result of the circumstances referred to in paragraphs 2 and 3, against his will is not able to carry out the agreed work;
e. he leave as provided for in article 643;
f. he leave as referred to in Chapter 5, section 2, of the Employment Act and make enjoy.
2 by way of derogation from article 634 acquires the female worker who because of pregnancy or childbirth for a whole year reward acquires, on the full agreed working time holiday entitlement over the period that they are entitled to a referred to in Chapter 3, section 2, of the Employment Act and care.
3 by way of derogation from article 634 acquires the worker who because of adoption leave or leave for the inclusion of a foster child for a whole year reward acquires, on the full agreed working time holiday entitlement, over the period considered, that he is entitled to benefits as referred to in Chapter 3, section 2, of the Employment Act and care.
4 the youthful employee acquires holiday entitlement about the time he spends on following the teaching to which he under the Act by the employer in the occasion.
5 If a holiday entitlement is acquired that the minimum in article 634, in so far as such can claim exceeds that minimum, by written agreement of the paragraphs 1 to 4 shall be derogated from to the detriment of the employee.

Article 636 1 days or portions of days on which the employee the agreed labour not carried out due to one of the reasons referred to in article 635 members 1 and 4 only if in a can, where appropriate, the employee agrees be classified as vacation, on the understanding that the employee at least law on minimum in article 634.
2 days or portions of days on which the employee the agreed labour not carried out due to one of the reasons referred to in article 635, paragraphs 2 and 3, cannot be classified as vacation.

Article 637 1 days or portions of days on which the employee the agreed labour not carried out due to illness can only if the employee agrees in a case may be classified as vacation, on the understanding that the employee at least law on minimum in article 634.
2 by way of derogation from paragraph 1 may be determined by written agreement that days or portions of days on which the employee has done in any year the agreed labour not because of illness be classified as vacation up to a maximum of the number of vacation days that for that year above the minimum referred to in article 634 agreed.
(3) if in any year if both paragraph 2 article 638, paragraph 8, second sentence, be applied, can total no more than the number of vacation days that for that year above the minimum agreed in article 634, as a holiday.

Article 638 1 the employee the employer is obliged to allow every year to take the holiday on which the employee is entitled on the basis of article 634 at least.

2 in so far as the determination of the holiday is not provided by written agreement or under or pursuant to collective agreement or arrangement authorized by or on behalf of a governing body, or the law, the employer the times of beginning and end of the holiday in accordance with the wishes of the employee unless important reasons dictate otherwise. If the employer not the employee within two weeks after his wishes in writing, good cause in writing to the employee has argued, is the holiday adopted in accordance with the wishes of the employee.
3 In case of important reasons the holiday in such a way as to determine that the employee desverlangd, in so far as his claim to this end, sufficient, for two consecutive weeks or twice a week's holiday.
4 the employer shall inform the employee holiday in sufficient time that the opportunity to make preparations for spending the holidays.
5 the employer may, if there are important reasons, after consultation with the employee, the period of the holiday change. The damage suffered by the employee as a result of the amendment to the epoch of the holiday, is reimbursed by the employer.
6 the employer is obliged the employee the remaining holiday entitlement in days or hours, unless important reasons dictate otherwise.
7 If a holiday entitlement is acquired that the minimum in article 634, in so far as such can claim exceeds that minimum, by written agreement of the time limit referred to in paragraph 2 be derogated from to the detriment of the employee.
8 days or portions of days on which the employee during a fixed holiday is sick, do not count as vacation, unless in a, where appropriate, the employee agrees. By way of derogation from the preceding sentence can be determined by written agreement that granted in any year the vacation days or portions thereof on which the employee is sick, as holiday apply to not more than the number of vacation days that for that year above the minimum referred to in article 634 agreed.

Article 639 1 the employee retains the right to pay during his holiday.
2 If this by collective agreement or arrangement by or on behalf of a governing body is competent to do so may the employer to his obligation to meet during the holiday pay payable to the employee either by Holiday vouchers to transfer to the account of a Fund, or by payment to a fund which is responsible for the cost of the employee acquires equivalent rights. For the application of this article shall be regarded as wage holiday vouchers.

Article 640 1 the employee can during the duration of the employment contract not waive his claim to compensation against holidays.
2 If a holiday entitlement is acquired that the minimum in article 634, in so far as such can claim exceeds that minimum, by written agreement of paragraph 1 shall be waived.

Article 640a The claim to the minimum provided for in article 634, shall cease to be in force six months after the last day of the calendar year in which the claim is acquired, unless the employee until that time could not reasonably have been able to take on holiday. By written agreement in favor of the employee can be exempted from the period of six months referred to in the first sentence.

Article 641 1 an employee who at the end of the employment contract still holiday entitlement, is entitled to a benefit in money to pay an amount over a period corresponding to the claim, unless article 639 paragraph 2 applies.
2 the employer is obliged to issue a statement to the employee indicating on which employee at the end of the employment contract still holiday entitlement.
3 If the employee has a new employment agreement, he faced the new employer holiday entitlement without pay for the period during which he is clear from the Declaration referred to in paragraph 2 still holiday entitlement had.
4 paragraph 3 can be waived by written agreement, except that the employee at least law on minimum in article 634.

Without prejudice to article article 642 640a shall become statute-barred a legal claim to grant holidays over five years after the last day of the calendar year in which the claim arose.

Article 643 1 the employee may request that the employer grants leave without pay to him as a member attending meetings of the first Chamber of the States-General of the Netherlands, of representative bodies of public law bodies which operate at direct elections are made, however, with the exception of the House of representatives, as well as commissions from these organs. This provision is also applicable to the employee who is part of a Governing Board responsible for institution of a water board.
2 If between the employer and the employee no agreement exists, the Court shall at the request of the most diligent party stuck to what extent this leave ought to be granted. The Court shall assess to what extent, given the importance that the worker to take part in the meetings referred to in paragraph 1, the employer may be required that the employee is absent. The decision of the judge is immediately enforceable.
3 find The paragraphs 1 and 2 shall apply mutatis mutandis to members of Parliament, Councillors and members of the Executive Board of a water board, whose function is not as a full will be remunerated. In order in Council is determined, which members of Parliament functions and wethoudersfuncties for the purposes of this article, be considered as fully paid.
4 this article shall not apply in respect of those groups of employees for whom under granting of State compensation in accordance with the law or another scheme has been established.

Article 644 [expired per 01-12-2001] article 643 645 articles 634 to cannot be derogated from to the detriment of the employee, unless such a deviation at those articles is permitted.

Section 4. Equal treatment Article 646 1 the employer can not differentiate between men and women when entering into the contract of employment, providing instruction to the employee, in the terms and conditions of employment, at the working conditions at the promotion and at the termination of the employment contract.
2 of paragraph 1, in so far as it concerns entering into the employment contract and providing teaching, be admitted if the distinction made is based on a characteristic related to the sex and that attribute due to the nature of the occupational activities concerned or of the context in which it is carried out, an essential and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate to that objective. Moreover, article 5, paragraph 3, of the Act on equal treatment of men and women shall apply mutatis mutandis.
3 of paragraph 1 may be admitted if evidence with regard to the clauses on the protection of women, particularly related to pregnancy or maternity.
4 of paragraph 1 may be admitted if the terms that women workers in a privileged position to seek places in order to eliminate or reduce disadvantages and the distinction in a reasonable proportion to the intended purpose.
5 In this article, the following definitions shall apply: a. discrimination: direct and indirect discrimination, as well as the command to this end;
b. direct discrimination: If a person on the grounds of sex is treated in a different way than another in a similar situation is, has been or would be treated, with the understanding that under direct discrimination is defined as discrimination on the grounds of pregnancy, childbirth and maternity;
c. indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of one sex compared to other individuals particularly.
6 The prohibition of direct discrimination in this article keeps fellow in a ban on harassment and a ban on sexual harassment.
7 harassment referred to in paragraph 6 is defined as behavior that is related to the sex of a person and that the purpose or effect of violating the dignity of a person and that creating an intimidating, hostile, degrading, humiliating or offensive environment.
8 Under sexual harassment referred to in paragraph 6 shall mean any form of verbal, non-verbal or physical conduct of a sexual nature that the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
9 the employer, the employee who referred to in paragraphs 7 and 8 rejection of, or submission to, not behavior.
10 The prohibition of discrimination laid down in paragraph 1 does not apply in respect of indirect discrimination if that distinction is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
11 A clause contrary to the provisions of paragraph 1 shall be null and void.
12, where a person who believes that a distinction is to his disadvantage or is made as referred to in this article, in straight facts from which it may be presumed that that distinction, the other party to prove that does not conflict with this article is acted.
13 paragraphs 2 and 3 shall not apply to the prohibition of harassment and sexual harassment, referred to in paragraph 6.

14 the employer may not discriminate against the employee because of the fact that the employee has done a job in or out of court on (1) or has granted assistance in this area.

Article 647 [expired per 01-07-2015] article 648 1 the employer may not discriminate between employees on the basis of a difference in working hours in the conditions under which an employment contract is entered into, continued or terminated, unless such a distinction is objectively justified.
2 a term in contravention of paragraph 1 shall be null and void.
3 the College referred to in article 1 of the Law College of human rights, can examine whether a distinction is or is made under paragraph 1. Articles 10, 11, 12, 13, 22 and 23 of the Law College of human rights shall apply mutatis mutandis.
4 the employer may not discriminate against the employee because of the fact that the employee has done a job in or out of court on the provisions of paragraph 1 or has granted assistance in this area.

Article 649 1 the employer can not differentiate between employees in the terms and conditions of employment on the basis of whether or not temporary nature of the employment contract, unless such a distinction is objectively justified.
2 a term in contravention of paragraph 1 shall be null and void.
3 the College referred to in article 1 of the Law College of human rights, can examine whether a distinction is or is made under paragraph 1. Articles 10, 11, 12, 13, 22 and 23 of the Law College of human rights shall apply mutatis mutandis.
4 the employer may not discriminate against the employee because of the fact that the employee has done a job in or out of court on the provisions of paragraph 1 or has granted assistance in this area.
5 the provisions of paragraphs 1 to 4 shall not apply to an employment agreement as referred to in article 690.

Section 5. Some special terms in the employment contract Article 650 1 the employer can only fine the failure to comply with the rules of the employment contract, if in the contract of the rules on the violation of which is fine and the amount of the fine.
2 the agreement whereby fine is stipulated, shall be made in writing.
3 the agreement whereby fine is stipulated, shall indicate precisely the destination of the fine. They may not immediately or indirectly to personal advantage of the employer itself or of the person to whom the employer has the power granted to employees to impose a fine.
4 Every fine, in an agreement stipulated, is on a certain amount, expressed in the money in which the wage in money is fixed.
5 May to the employee within a week no higher amount of joint fines be imposed than in money established wage for half a day. No separate penalty may exceed this amount.
6 each clause in violation of any provision of this article shall be null and void. However may, but only in respect of employees whose wages exceed the money laid down in relevant minimum wage agreement in writing of the provisions of paragraphs 3, 4 and 5 shall be waived. Is this happened, then the Court will always have jurisdiction to determine the penalty on a smaller sum, if the imposed fine him excessively.
7 Sets the amount of the wage, referred to in paragraph 6, modification, then the operation of the terms by which deviated from paragraphs 3, 4 and 5, suspended against the employee whose wage does not exceed in money established the changed amount of the minimum wage.
8 under the clauses of and penalty for the purposes of this article, understood the clauses of fine by the employer as referred to in articles 91 to 94 of book 6.

Article 651 1 the possibility to impose a fine shall not affect the right to compensation under the law. However, the employer in respect of the same fact also not fine and claim compensation.
2 each term in fight with the second sentence of paragraph 1 is void.

Article 652 1 if the parties agree, is this a trial period for both parties alike.
2 The trial period is agreed in writing.
3 when entering into an employment contract for an indefinite period can be agreed a trial period of up to two months.
4 there can be no trial period be agreed if the employment contract is entered into for a period not exceeding six months.
5 when entering into a fixed-term contract of more than six months can be agreed a trial period of not more than: a. a month, if the contract is for less than two years;
b. two months if the contract is for two years or longer.
6 If the end of a fixed-term contract not on a calendar date, can be agreed a trial period of up to a month.
7, part a, paragraphs 5 and 6, only by collective agreement or by or on behalf of an authorized scheme governing body be derogated from to the detriment of the employee.
8 Each clause in which a trial period has agreed is void if: a. the probation not equal for both parties;
b. the trial time, otherwise than by collective agreement or arrangement by or on behalf of a governing body, competent to do so on longer than one month in the case referred to in paragraph 5, part a;
c. the trial period on more than two months;
(d) the clause is included in a subsequent employment contract between a worker and employer, unless that agreement clearly other skills or responsibilities of the employee demands than the previous employment contract;
e. the clause is included in a subsequent employment contract between an employee and another employer who in respect of work done may reasonably be supposed to be the successor to the previous employer; or f. the clause is included in an employment contract which is entered into for a period not exceeding six months.

Article 653 1 a contractual term between the employer and the employee which the latter is limited in its power to after the end of the agreement on certain way, is valid only if: a. the employment contract for an indefinite period; and b. the employer this clause has been agreed in writing with an adult employee.
2 by way of derogation from paragraph 1, introductory wording, and part a, can a clause as referred to in paragraph 1 shall be included in a fixed-term contract, if the at that arrangements written statement of the employer shows that the clause is necessary because of serious business or service interests.
3 the Court may a term referred to in paragraph 1 and paragraph 2: a. destroy whole if the circumstances referred to in paragraph 2, is not necessary because of serious business or service interests; or b. destroy in whole or in part, if in proportion to to protect the interest of the employer, the employee is disadvantaged by that clause unfair.
4 To a term referred to in paragraph 1 or paragraph 2 may not derive any rights from the employer, if not continue or finishing of the contract of employment is the result of serious culpable act or omission of the employer.
5 If a term referred to in paragraph 1 or paragraph 2 largely prevents the employee otherwise than in the service of the employer, the Court may always provide that the employer for the duration of the restriction to the employee must pay a fee. The judge sets the height of this fee in view of the circumstances of the case in equity. The fee is not payable, if not continue or finishing of the contract of employment is the result of serious culpable act or omission of the employee.

Section 6. Some special obligations of the employer Article 654 1 When an employment contract is entered into or modified in writing, the cost of the writings and other additional costs charged to the employer.
2 the employer is obliged free of charge a full copy of the writings, signed by him/her, which the employment contract is entered into or modified, to provide to the employee.

Article 655 1 the employer is obliged to the employee a written or electronic of contents to provide it with at least the following information: a. name and domicile of the parties;
(b) the place or places of employment;
c. the position of the employee or the nature of its work;
(d) the time of commencement of employment;
e. If the contract is concluded, the duration of the agreement;
f. the holiday entitlement or the method of calculating the claim;
g. duration of the notice periods to be observed by the parties or the method of calculating these deadlines;
h. the pay and the term of payment and, if the wage is dependent on the results of the work to be performed, the work per day or per week to offer amount of labor, the price per piece and the time reasonably with the implementation;
i. the regular working hours per day or per week;
j. whether the employee is going to participate in a pension scheme;
k. If the employee for a longer term than a month will be working outside the Netherlands, including duration of the efficacy, the housing, the applicability of the Dutch social insurance legislation or indication of the bodies responsible for the implementation of that legislation, the money in which payment will occur, the fees which the worker has the right and the way in which the return regulated;

l. the applicable collective bargaining agreement or arrangement by or on behalf of an administrative body competent to do so;
m. or the employment contract an employment agreement is referred to in article 690.
2 as far as the data referred to in paragraph 1, subparagraph (a) to (j) are listed in a written employment contract or entered into in the Declaration referred to in article 626, mention be omitted. As far as the data referred to in paragraph 1, parts f to i are provided in any applicable collective bargaining agreement or arrangement authorized by or on behalf of a governing body, it is sufficient with a reference to this agreement or arrangement.
3 the employer provides the Declaration within one month of starting work or as much earlier as the agreement ends. The data referred to in paragraph 1, part k, be provided for the departure. The Declaration is signed by the employer. If the task is provided electronically, is provided with an electronic signature that satisfies the requirements referred to in article 15a paragraph 2 of book 3. Change to the data within one month of the change coming into effect, the employee shall be notified in writing or electronically, unless it results from a change in the law, collective agreement or arrangement authorized by or on behalf of a governing body.
4 If the agreement concerns typically less than four days a week exclusively or almost exclusively to provide household or personal services for the benefit of a natural person, the employer need only on desire of the employee to provide the data.
5 the employer who refuses to provide or incorrect notices the task, is liable to the employee liable for the resulting damage.
6 paragraphs 1 to 5 shall apply mutatis mutandis to an agreement that regulates the conditions of one or more employment contracts which parties will close if after call work is performed, and on entering into a contract other than a contract of employment, whether or not followed by other similar agreements, in which one party person, of course, is committed to work for the other party against reward unless this agreement is entered into in job or business. On article 654 agreements referred to in this paragraph shall apply mutatis mutandis.
7 where paragraph 6 applies, the Declaration referred to in paragraph 1, also include a statement which contract is.
8 the employer provides the electronic declaration in such a way that the worker can be stored and accessible for later access.
9 for providing an electronic task requires the explicit consent of the employee.
10 a term in violation of this article shall be null and void.

Article 656 1 the employer is obliged at the end of the employment contract the employee, at his request, to issue a certificate.
2 the certificate shall specify: a. the nature of the work and the working hours per day or per week;
(b) the start date and the end date of the employment;
c. a statement of the manner in which the employee has complied with its obligations;
d. a statement of the manner in which the employment contract is terminated;
e. If the employer has terminated the employment contract, the reason to do so.
3 the parts c, d and e be the information only at the request of the employee in the certificate mentioned.
4 If the employee has terminated the employment contract and he related a fee is owed to the employer, the employer shall be entitled to mention this in the certificate.
5 the employer who refuses to issue the requested certificate, fails to file an application referred to in paragraph 3, in the certificate by intent or fault incorrect notices or the certificate of a characteristic provides or in some way to decorate on the employee to do any communication that is not in the wording of the certificate is contained , is both vis-à-vis the employee as against third parties liable for the resulting damage.
6 of this article may not be derogated from to the detriment of the employee.

Article 657 1 the employer is obliged the employee with a fixed-term contract to inform timely and clear a vacancy in respect of an employment contract for an indefinite period of time.
2 the provisions of paragraph 1 shall not apply to an employment agreement as referred to in article 690.

Article 658 1 the employer is obliged the premises, implements and tools in which or with which he does carry the work, in such a way as to set up and maintain as well as to carry out the labor such measures and to provide instructions as reasonably necessary to prevent the employee in the performance of his work suffered damage.
2 the employer is liable to the employee liable for the damage suffered by the employee in the performance of his work suffers, unless he shows that he has complied with the obligations referred to in paragraph 1 or that the loss was largely the result of gross negligence or willful misconduct of the employee.
3 paragraphs 1 and 2 and of what title 3 of book 6, determines the liability of the employer may not be derogated from to the detriment of the employee.
4 he who in the exercise of his profession or business labor let through a person with whom he has no employment contract, is in accordance with paragraphs 1 to 3 shall be liable for the damage that this person in the performance of his work suffers. The Court of first instance shall have jurisdiction to hear actions on the basis of the first sentence of this paragraph.

Article 1 the employer promotes 658a in respect of the employee who is associated with disability as a result of disease prevented is the agreed to work, the integration in the labour in his company. If it is established that the own labour can no longer be carried out and in the business of the employer no other appropriate employment, promotes the employer, during the period in which the employee has the right to wage against him on the basis of article 629, article 71a, ninth paragraph, of the law on insurance against incapacity for work or article 25, ninth paragraph, of the law work and income according to labour capacity , the involvement of the employee in appropriate employment for him in the business of another employer unless the employee in article 7, part a, of the General old age pensions Act has reached age referred to.
2 pursuant to the performance of its task referred to in paragraph 1, the employer is obliged to take measures such as early as possible and to provide instructions as reasonably necessary, to ensure that the employee, who related to disability as a result of disease prevented is the agreed to work, enabling the private or other appropriate to work.
3 pursuant to the performance of its task referred to in paragraph 1, the employer in accordance with a plan of action on the employee as referred to in article 71a, second paragraph, of the law on insurance against incapacity for work and article 25, paragraph 2, of the law work and income according to labour capacity, unless the employee in article 7, part a , of the General old age pensions Act has reached age referred to. The plan of approach with the assistance of the employee is regularly reviewed and if necessary updated.
4 under appropriate employment referred to in paragraph 1 and 2 shall mean all work which for the forces and capabilities of the worker is calculated, unless acceptance on grounds of physical, mental or social nature cannot be taken.
5 the employer and the person by whom the employer is on the basis of articles 13, 14 and 14a of the working conditions act assisted, provide a reintegration company as referred to in article 1 of the Law work and income according to labour capacity data as far as they are necessary for the implementation of the assigned activities to this company by the employer, as well as the social security number of the person whose involvement in labor by that re-integration company is promoted. The re-integration company processes this data only to the extent that is necessary for this work and used only for that purpose, the social security number at the time of such processing.
6 this article shall apply mutatis mutandis to the private risicodrager referred to in article 1, first paragraph, part h, of the sickness benefits act and the persons referred to in article 29, second paragraph, parts a, b and c, of that law, which most recently have entered into a contract with him, during the period that the own risicodrager to those persons have to pay sick pay.

658b article 1 the court assigns a claim to fulfilment of the obligation referred to in article 658a (2), if the demand is not accompanied by a statement of an expert, appointed by the implementing employee insurance, mentioned in Chapter 5 of the law on work and income implementation structure organization, the fulfilment of that obligation by the employer.
2 paragraph 1 shall not apply if the breach is not contested or the submission of the statement of the worker can not reasonably be demanded.
3 the expert, who has accepted his appointment, is impartial and to the best of his research required to accomplish.

4 the expert as doctor, the relevant information for his research about the employee ask the treating doctor or the attending doctors. They provide the information requested as far as thereby the privacy of the employee are not disproportionate.
5 the Court may on application by any party or of its own motion, order the expert further written or oral statement explains or complements.
6 the worker is in respect of a claim referred to in paragraph 1 only in the cost of the employer, referred to in article 237 of the code of civil procedure, convicted in case of unjustified use of procedural law.
7 by collective agreement or arrangement authorized by or on behalf of a governing body may provide for the expert referred to in the first paragraph by a person other than the employee insurance, mentioned in Chapter 5 of the Act organization work and income implementation structure is designated.

Article 658c the employer may not discriminate against the employee resulting from it in good faith and properly reporting a suspected irregularity referred to in article 1, part d, of the law House for whistleblowers during and after handling this message when the employer or the competent authority.

Section 7. Some special obligations of the employee Article 659 1 The employee must work itself; He may not then with the permission of the employer do replaced by a third party.
2 The judicial procedure to comply with the labour obligation of the employee under the determination of a penalty payment or by hostage-taking is not allowed.

Article 660 the employee is obliged to adhere to the requirements regarding the provision of the times as well as to those which are intended to promote the record in the enterprise of the employer, by or on behalf of the employer within the limits of generally binding legal regulations, or agreement to him, whether or not at the same time as other workers.

660a article 1 the employee who is associated with disability as a result of disease prevented is the agreed to work required to: a. to act on by the employer or a given reasonable rules and expert designated by him to by the employer or a designated expert 658a affected measures referred to in article (2);
b. are cooperating in the preparation, evaluation and updating of a plan of action referred to in article 658a (3);
c. appropriate employment referred to in article 4 to carry out which the employer member 658a him the opportunity.
2 part b, paragraph 1, introductory wording and does not apply to the employee who in article 7, part a, of the General old age pensions Act has reached age referred to.

Article 661 1 the employee who in the implementation of the agreement damages the employer or to a third party to which the employer for compensation for that damage is not relevant, is held to be liable vis-à-vis the employer, unless the damage is a result of his gross negligence or willful misconduct. From the circumstances of the case may, taking into account the nature of the contract, otherwise result than in the previous sentence is determined.
by way of derogation from paragraph 1 and 2 of article 170 paragraph 3 of book 6 to the detriment of the employee is only possible by written agreement and only as far as relevant to the employee.

Section 8. Workers ' rights in the event of transfers of a firm article 615 662 1 by way of derogation from article is this section also applies to the employee who works in a company that is maintained by State, province, municipality, water board or any other public-law body.
2 for the purposes of this section, the following definitions shall apply: a. transition: the transition, as a result of an agreement, a merger or a Division, of an economic entity which retains its identity;
b. economic unit: a set of organised means, intended to implement a whether or not primarily economic activity.
3 for the purposes of this section, an establishment or part of an enterprise or establishment considered a company.

Article 663 By the transition from a company that at that time the rights and obligations for the employer in that undertaking arise from a contract of employment between him and an active employee of right over there on the purchaser. However, that employer for one year after the transition yet next to the transferee jointly and severally connected for the fulfilment of the obligations under the employment contract, which arose before that date.

Article 663 664 1 Article, first sentence, shall not apply to rights and obligations of the employer arising from a pension agreement as referred to in article 1 of the Pension Act if: a. the purchaser to the employee referred to in article 663, a same offer to close a pension agreement, as he has done already for the time of transition to its employees;
b. the transferee under article 2 of the law compulsory membership in an industry Pension Fund 2000, required to participate in an industry Pension Fund and employee, referred to in article 663, is going to participate in that Fund;
c. by collective agreement or by or on behalf of an authorized scheme governing body is deviated from the pension agreement, referred to in the chapeau.
2 the first paragraph shall not apply if the worker referred to in article 663, for the transition on the basis of article 2 of the law compulsory membership in an industry Pension Fund 2000, required to participate in an industry Pension Fund and this same obligation shall continue to apply after the transition.
3 article 663, first sentence, shall not apply to rights and obligations of the employer arising from a savings scheme as referred to in article 3, paragraph 1, of the pension and the pension and spaarfondsenwet spaarfondsenwet as was on the day prior to the entry into force of the Pensions Act if the purchaser referred to in article 663, the employee record in the savings scheme which already before the time of transition gold for his employees.

For the purposes of article 665 673 article applies the employment contract as terminated or not continued on the initiative of the employer, if the transition of the company a substantial change in working conditions to the detriment of the employee and for that reason: a. the contract of employment by or at the request of the employee is terminated; or b. the fixed-term contract after a stop by operation of law on the initiative of the employee is not contiguous.

Article 665a If in an enterprise does not Works Council is set up, nor a staff representation is set under article 35 c, paragraph 1, or article 35 d, first paragraph, of the law on the ondernemingraden, the employer's own employees involved in the transition of the company in good time of (a) the intended decision to transition;
(b) the proposed date of the transfer;
c. the reason of the transition;
d. the legal, economic, and social consequences of the transition for the workers, and (e) the measures envisaged in relation to the employees.

Article 665 and 666 1 articles 662 to 670 paragraph 8 shall not apply to the transition of a company if: a. the employer has been declared bankrupt and the company belongs to the estate;
b. the employer is an entity referred to in article 3A: 2 of the Act on financial supervision and in respect of which employer the instrument of transition of the enterprise, institution or the instrument the instrument from the bridging of Division of assets referred to in article 3A: 28:37 respectively, 3A 3A: 41 of the financial supervision; or c. the employer a bank or insurance company within the meaning of article 1 1 of the financial supervision, and in respect of which employer the emergency regulations, referred to in section 3.5.5 of that Act is pronounced, the Court an authorization referred to in article 3:163, paragraph 1, introductory wording and part b, or if the Court has granted an authorisation as referred to in article 3:163m , first paragraph, introductory words and part (c) of that law has granted and the directors proceed to liquidation.
2 this section shall not apply to seagoing vessels.

Section 9. End of the employment contract Article 667 1 an employment contract ends when the time has passed by operation of law, by contract or by law.
2 preliminary termination is in that case needed: a. If this written agreement is provided;
b. If according to the law or use termination belongs and which do not, where this is permitted, by agreement in writing.
3 a contract as referred to in paragraph 1 may be terminated only if for each of the parties that right has been agreed in writing.

4 If an employment contract entered into for an indefinite period of time, which otherwise than by termination referred to in article 671 (1), parts (a) to (h), or article 40 of the Bankruptcy Act or by dissolution by the judge is terminated, following or after an interval of not more than six months is followed by a fixed-term employment contract, by way of derogation from paragraph 1 for the termination of those successive employment contract termination. The term of termination is calculated from the time of emergence of the employment contract for an indefinite period of time. This paragraph shall not apply if the employment contract entered into for an indefinite period is terminated due to reaching the retirement age of the employee on the basis of a clause to that effect.
5 employment contracts that have succeeded each other as referred to in paragraph 4 is also if the same employee successively has been employed at different employers, irrespective of or insight in the capacity and suitability of the employee may reasonably be supposed to be, in respect of the work she has done each other's successor.
6 for the termination of an employment contract entered into for an indefinite period is prior notice required.
7 A clause, under which the employment contract ends automatically because of the marriage of the worker or due to enter into a registered partnership by the employee, is void.
8 A clause, under which the employment contract ends automatically because of pregnancy or birth of the worker, is void.

Article 668 1 the employer shall inform the employee in writing at the latest one month before a fixed-term employment contract ends automatically: a. on whether or not to continue the employment contract; and b. with continued, on the conditions under which he wishes to continue the employment contract.
2 paragraph 1 shall not apply, if: a. at the time the employment contract has been agreed in writing that this ends up at a time that is not on a calendar date; or b. the employment contract is entered into for a period shorter than six months.
3 If the employer the obligation referred to in paragraph 1, introductory phrase and subparagraph (a), in the whole, he to the employee a compensation equal to the amount of the salary for one month. If the employer fails to fulfil that obligation, he is at the employee a fee shall be payable on a pro rata basis. The fee is payable from one month after the day on which the obligation under paragraph 1. The fee is no longer payable, if the employer is declared bankrupt, suspension of payment is granted to him or on natural persons him the debt restructuring arrangement applies.
4 the employment contract shall be deemed for the same time, but not more than for one year, on the former conditions continued, if: a. the employment contract referred to in paragraph 1, after the expiry of the time referred to in article 667 (1) shall be continued and the employer the obligation referred to in paragraph 1 (a) or (b) has failed; or b. the employment contract referred to in paragraph 2, after the expiry of the time referred to in article 667 (1) by parties without contradiction continues.
5, part b, paragraph 4 shall also apply when in cases where termination is needed, timely termination fails and the consequences of the continuation of the employment contract are not expressly settled.
6 by order in Council determines for the purposes of paragraph 3, the following definitions shall apply wage.

668a article 1 from the day between the same parties: a. fixed-term work each other at intervals of not more than six months have succeeded and a period of 24 months, these intervals included, have exceeded, applies as of that day as the latest employment contract entered into for an indefinite period time;
b. fixed-term employment contracts entered into more than three have succeeded each other at intervals of not more than six months, the latest employment contract if entered into for an indefinite period of time.
2 paragraph 1 shall apply mutatis mutandis to successive employment contracts between an employee and several employers, who, regardless of whether insight in the capacity and suitability of the employee, in respect of the work she has done to be each other's successor may reasonably be supposed to be.
3, part a, paragraph 1 shall not apply to an employment contract entered into for no more than three months immediately following a labour agreement entered into between the same parties for 24 months or longer.
4 the term of termination is calculated from the time of emergence of the first employment contract as referred to under (a) or (b) of paragraph 1.
5 by collective agreement or by or on behalf of an authorized scheme governing body can the 24-month period referred to in paragraph 1, part a, can be extended to a maximum of 48 months and the number of of three, referred to in paragraph 1, part b, be increased to not more than six, if: a. it concerns an employment agreement as referred to in article 690; or b. out of that agreement or arrangement shows that for to that agreement or arrangement or function groups functions to determine the intrinsic nature of business operations this extension or increase required.
6 by collective agreement or arrangement authorized by or on behalf of a governing body may be made of paragraph 2 to the detriment of the employee.
7 by written agreement or arrangement authorized by or on behalf of a governing body may, at the expense of the driver of a legal person be a derogation from the period referred to in paragraph 1, part a. 8 by collective agreement or by or on behalf of an authorized scheme governing body can this article be declared inapplicable for some features in an industry if our Minister for Social Affairs and employment has appointed a ministerial order these features because it features in that industry for those resistant use and because of the intrinsic nature of business operations and those functions necessary to carry out the work solely on the basis of fixed-term contracts, other than employment agreements referred to in article 690. Further conditions can be made by that procedure to the outdoor, referred to in the first sentence.
9 by collective agreement or by or on behalf of an authorized scheme governing body for any designated employment contracts can exclusively or predominantly are entered into because of the education of the worker this article not apply in whole or in part.
10 of this article shall not apply to employment contracts entered into in connection with an in-service programme referred to in article 7.2.2. of the law education and vocational education.
11 this article shall not apply to an employment contract with an employee who has not reached 18 years of age where the average size of the work done by him less than 12 hours per week.
12 the period referred to in paragraph 1, part a, shall be extended to a maximum of 48 months, and the number of referred to in paragraph 1, part b, shall not exceed six, if it concerns an employment contract with an employee who was in article 7, part a, of the General old age pensions Act has reached age referred to. The adoption or the period referred to in this paragraph or the intended number of employment contracts is taken into account are exceeded only employment contracts entered into after reaching the in article 7, part a, of the referred age General old-age insurance.
13 by collective agreement or by or on behalf of an authorized scheme governing body can the intervals, referred to in paragraph 1, parts a and b, be reduced to no more than three months, for to that agreement or arrangement appropriate functions, which as a result of climatic or natural conditions for a period of up to nine months per year may be exercised and not followed by the same employee may be exercised for a period of more than nine months a year.

Article 669 1 the employer may terminate the employment contract if there is a reasonable ground for and reinstatement of the employee within a reasonable time, with the help of training, in another suitable position is not possible or not in reason. Reinstatement is in any case not in reason if there have been culpable act or omission of the employee referred to in paragraph 3, part e. 2 reassignment, referred to in paragraph 1, is not required, if the employee holds a Ministry.
3 under a reasonable cause referred to in paragraph 1: (a) the expiry of jobs as a result of the termination of the business of the undertaking or, on a future period of at least 26 weeks be seen, necessarily expire of jobs as a result of it because of business conditions take measures for effective business;

b. disease or defects of the employee which makes him unable to work, provided that the stipulated the period referred to in article 670 (1) and 11, has expired and is likely within 26 weeks, or when an employee who was in article 7, part a, of the General old age pensions Act, referred to age 6 weeks, no recovery will occur and that within that period the agreed labour not in custom form can be carried out;
c. the regularity can not perform the stipulated work due to disease or defects of the employee with unacceptable consequences, provided that the business at regularity can not perform by the agreed labor is not the result of insufficient care of the employer for the employee's working conditions and likely that within 26 weeks, or when an employee who was in article 7 (a) of the General old age pensions Act, referred to age 6 weeks, no recovery will occur and that within that period the agreed labour not in custom form can be carried out;
d. the unsuitability of the worker to carry out the agreed work, other than as a result of disease or defects of the employee, provided that the employer the employee has informed of this in good time and has made him sufficiently to improve its functioning and the unsuitability not due to insufficient care of the employer for training of the employee or for the working conditions of the employee;
e. culpable act or omission by the employee, in such a way that from the employer cannot reasonably be required to continue the employment contract;
f. the refuse of the employee the agreed to work because of a serious conscientious objection, provided that the agreed work not in custom form can be carried out;
g. a disrupted employment relationship, in such a way that from the employer cannot reasonably be required to continue the employment contract;
h. other than the aforementioned circumstances such that of the employer in the employment contract cannot reasonably be required to continue.
4 unless otherwise agreed in writing, the employer may the labour agreement, which is entered for reaching an age when the employment contract ends agreed between the parties, or, if no other age agreed, provided for in article 7, part a, of the General old age pensions Act, also cancel age referred to in connection with or after reaching the age at which the employment contract agreed between the parties ends , or, if no other age agreed, provided for in article 7, part a, of the referred age General old-age insurance.
5 by arrangement of Our Minister for Social Affairs and employment are: a. detailed rules regarding a reasonable cause for termination, the reinstatement of the employee and the reasonable time referred to in paragraph 1, where distinction can be made to categories of workers;
b. rules for determining the order of termination of employment referred to in paragraph 3, part a. 6 the rules referred to in paragraph 5, part b, are not applicable if by collective agreement or arrangement authorized by or on behalf of a governing body, other rules for determining the order of termination of employment referred to in paragraph 3, part a, and an independent Commission as referred to in article 671a (2) is designated.
7 this article does not apply to termination during the probationary period.

Article 670 1 the employer may not denounce during the time the employee is unfit to carry out his work because of illness, unless the disability: a. at least two years, or six weeks before the employee who in article 7, part a, of the General old age pensions Act has reached age referred to, or b. began after a request for permission as referred to in article 671a by Implementing employee insurance or by the Commission referred to in article 671a (2) is received.
If the disability began because of illness for the date on which the employee has reached the age referred to in subparagraph (a), shall apply from that date the time limit referred to in that part of six weeks, as far as the total period during which the employer may cancel does not exceed two years.
For the calculation of the time limit referred to in paragraph (a), are periods of incapacity to work due to pregnancy prior to the maternity leave and periods of disability during the pregnancy or maternity leave, referred to in article 3 1, paragraphs 2 and 3, of the Employment Act and care, not be taken into account. Furthermore, periods of incapacity to work, other than those referred to in the preceding sentence, added together, if they follow up with a break of less than four weeks, or if they directly precede and hook up to a period of maternity or maternity leave is enjoyed: 1 in accordance with article 3, paragraphs 2 and 3, of the Employment Act and care, unless the disability is not reasonably be supposed to stem from the same cause.
2 the employment contract with The employer may not terminate a worker during pregnancy. The employer may in support of pregnancy a statement from a doctor or a midwife's desire. In addition, the employer the employment contract of the employee during the period in which they not denounce maternity leave referred to in article 3 1, paragraph 3, of the law and enjoy work and care after resuming work, during the period of six weeks following that maternity leave or following a period of incapacity to work which has its cause in the childbirth or the preceding pregnancy and that connects to that maternity leave. The employer may the employment contract with the employee during the time he not cancel leave as referred to in article 3:1a, first or fourth paragraph, of the law work and care.
3 the employer may not denounce during the time that the employee is unable to work because he stipulated as the conscript is called in order to carry out his military service or alternative service.
4 the employer may not terminate the employment contract with the employee who is a member of: 1 °. a Works Council, a Central Works Council, a group works Council, a Standing Committee of which councils or by a Commission of the Works Council, or part of a staff representation;
2 °. a special negotiating body or a European Works Council referred to in the law on the European works councils, or law acting as a sales representative for a different method of information and consultation of workers;
3 °. a special negotiating body or an SE-works Council or as an employee representative is a member of the supervisory or administrative organ of the SE as referred to in Chapter 1 of the law role employees in European law, or legal entities acting as a sales representative for a different method of information and consultation of workers;
4 °. a special negotiating body or an SCE-Works Council or as an employee representative is a member of the supervisory or administrative organ of the SCE as referred to in Chapter 2 of the law legal persons or employees in the European role that under Chapter 2 of the law acts as a sales representative for a different method of provision of information and consultation of workers.
If the employer to the Works Council or staff representation a Secretary added, is the first sentence that Secretary shall apply mutatis mutandis. If the employer has added a Secretary to the Works Council, is the first sentence of this paragraph shall apply mutatis mutandis to that Secretary.
5 the employer may not terminate the employment contract because of the employee's membership of an Association of employees which, pursuant to its Statute, the aim of the interests of the members to serve as an employee or for the provision of or participate in activities for the benefit of that Association, unless those activities in the working time of the employee are performed without the consent of the employer.
6 the employer may the employment contract with the employee who has, not leave for attending meetings as provided for in article 643. The same shall apply where no agreement between the parties about the leave exists as long as the judge about the leave has not.
7 the employer may not terminate the employment contract due to the fact that the employee is entitled to leave as referred to in article 3:1a, first or fourth paragraph, of the law work and care, are right to adoption leave or leave for the inclusion of a foster child as referred to in article 3:2 of the Employment Act and care, on short-and long-term care leave as referred to in Chapter 5 of the Employment Act and make or his right to parental leave as referred to in Chapter 6 of the Employment Act and care.
8 the employer may the employment contract with the employee in his company unable to cancel due to the active in article 662, paragraph 2 (a), which referred to transition from enterprise.

9 the employer may not terminate the employment contract due to the fact that the employee does not consent to working on Sunday as referred to in article 5:6, second paragraph, second sentence or paragraph 4, second sentence, of the working hours Act.
10 the employer may not terminate the employment contract with an employee who is: a. placed on a list of candidates for a Works Council or a personnel representation or shorter than two years ago has been a member of a Works Council, a Central Works Council, a group works Council or of a Committee of that guess, of a staff representation or of a special negotiating body or a European Works Council , a SE-works Council or an SCE-Works Council referred to in the law on the European works councils respectively chapters 1 2 respectively of the law legal persons or European role employees in less than two years ago under any of these laws has acted as representative to another way of providing information and consultation of workers;
b. is a member of a Preparatory Committee of a Works Council, of a Central Works Council or a group works Council;
c. as an expert worker referred to in article 13 (1) and (2) of the working conditions act as an expert or person referred to in article 14 (1) of that law is working; or d. If a data protection officer referred to in article 62 of the data protection act.
11 the term of two years, referred to in paragraph 1, part a, is extended: a. with the length of the delay if the application referred to in article 64, first paragraph, of the law work and income according to labour capacity is done later than in or on the basis of that article;
b. with the duration of the extension of the withdrawal period referred to in article 19, first paragraph, of the law on insurance against incapacity for work, if the waiting time under the seventh paragraph of that article is extended; and c. with the duration of the period during which the implementing employee insurance under article 24, paragraph 1, or article 25, ninth paragraph, of the law on work and income according to labour capacity or under article 71a, ninth paragraph, of the law on insurance against incapacity for work.
12 for the purposes of paragraph 4 and paragraph 10 is also under the SE-works Council means the body representative of the employees in an SE which has its registered office in another Member State, and that is set under the provisions in the national law of that Member State implementing Directive 74/60/EEC. 2001/86 of the Council of the European Union of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees (OJ L 294).
13 for the purposes of the fourth paragraph and paragraph 10 is also under the SCE-Works Council means the body representative of the employees in which an SCE has its registered office in another Member State, and that is set under the provisions in the national law of that Member State implementing Directive 74/60/EEC. 2003/72/EC of the Council of the European Union of 22 July 2003 supplementing the Statute for a European cooperative society with regard to the involvement of employees (OJ L 207).
14 paragraph 3 may be departed from only by collective agreement or arrangement authorized by or on behalf of a governing body.

Article 1 Article 670 (1) 670a, part a, shall not apply if the employee without proper fundamental obligations referred to in article 660a, refuses and the employer the employee has admonished in writing to comply with such commitments or for that reason, having regard to the provisions of article 629, paragraph 7, the payment of wages has discontinued.
2. Article 670 (1) to (4) and (10) and thus to nature and scope similar notice banned in another legal directive, shall not apply, if: a. the employee has agreed in writing with the withdrawal;
(b) a notice of termination during the probationary period;
(c). the termination shall be made on the basis of article 677 (1);
d. the termination occurs due to the termination of the activities of the undertaking, provided that the cancellation is not the employee who can relate to maternity or maternity leave as referred to in article 3:1 of the Employment Act and care; or (e). the termination shall be made on the basis of article 669 (4) as far as the withdrawal does not relate to circumstances on which that notice is prohibited.
3 If the cancellation is made on the basis of article 669 (3) part a, other than because of the termination of the activities of the undertaking, and the employee has been employed for at least 26 weeks at work that: a. is article 670 (2) does not apply if the work of the part of the enterprise in which the employee is employed exclusively or mainly , be terminated, provided that cancellation is not the employee who can relate to maternity or maternity leave as referred to in article 3:1 of the Employment Act and care;
b. Article 670 (3) is not applicable if the work of the part of the enterprise in which the employee is employed exclusively or mainly, be terminated;
c. is 670 (4) and article 10 shall not apply.
4 paragraph 3 shall apply mutatis mutandis to notice banned in another legal requirement which, because of its nature and scope similar to the notice prohibited, referred to in paragraph 3.
5 the employee has the right its agreement as referred to in paragraph 2, part a, within fourteen days after the date it without giving reasons by written, targeted to the employer, to revoke statement.
6 On the written agreement referred to in paragraph 2, part a, article 671 (3) to (6) shall apply mutatis mutandis.
7 paragraphs 5 and 6 shall not apply to the driver of a legal entity, if the contract of employment on the basis of book 2 of the Dutch civil code is not possible, nor on a driver of a similar foreign legal entity.
8 Each clause which the right referred to in paragraph 5, is excluded or limited, is void.

Article 1 an agreement that an employment contract 670b is terminated, shall be valid only if it is entered into in writing.
(2) if the contract of employment by means of a written agreement is terminated, the employee has the right to change this agreement without giving any reason, within fourteen days after the date on which the agreement has been concluded, by a written declaration, to the employer-oriented, dissolve.
3 the employer mentioned in the agreement referred to in paragraph 1, the right referred to in paragraph 2, in the absence of which the term referred to in paragraph 2, three weeks.
4 paragraphs 2 and 3 shall not apply, if the parties within six months of a dissolution, as referred to in paragraph 2 or a revocation referred to in article 671 (2) an agreement referred to in paragraph 1 enter into again.
5 paragraphs 2 to 4 shall not apply to the driver of a legal entity, if the contract of employment on the basis of book 2 of the Dutch civil code is not possible, nor on a driver of a similar foreign legal entity.
6 each clause which the right referred to in paragraph 2, is excluded or limited, is void.

Article 671 1 the employer may not terminate the employment contract without the written consent of the employee, unless: a. for the termination has been authorised as referred to in article 671a;
(b) the cancellation shall be made during the test time;
(c). the termination shall be made on the basis of article 677 (1);
d. the termination a worker which is typically less than four days a week provides services exclusively or almost exclusively for the benefit of the household of the natural person to whom he is in employment, including the provision of services is defined as the provision of care to the members of that household;
e. the termination a driver of a legal person whose recovery of the employment contract on the basis of book 2 of the Dutch civil code is not possible or a driver of a similar foreign legal person;
f. termination an employee who holds a Ministry;
g. the cancellation shall be made on the basis of article 669, paragraph 4; or h. termination a worker, who works at a special school or institution as referred to in article 1 of the Law on primary education, article 1 of the law on secondary education, article 1 of the law on the expertise centres, article 1.1.1. of the law education and vocational education or article 1.1. the law on higher education and scientific research and the reason for the termination is located in acts or omissions of the employee that is incompatible with the religious or philosophical basis resulting identity of the relevant school or institution, provided that the withdrawal consent is issued by one of the independent and impartial Commission which the employer rules referred to in article 671a (2), parts (a) to (d), shall apply mutatis mutandis.
2 the employee has the right its agreement as referred to in paragraph 1 within 14 days of the date of it without giving reasons by written, to the employer-oriented, to revoke statement.

3 If the employer not the employee in writing no later than two working days after the agreement indicates the right referred to in paragraph 2, the period referred to in paragraph 2, three weeks.
4 as far as the approval was required under paragraph 1 for a legal notice, after a revocation referred to in paragraph 2 the termination shall be deemed not to have occurred.
5 paragraphs 2 to 4 shall not apply, if the employee within six months after a revocation under paragraph 2 or termination referred to in article 670b (2), again written consent with the cancellation of the employment contract.
6 any circumstances in which the condition of the written agreement referred to in paragraph 1, or the right, referred to in paragraph 2, is excluded or limited, is void.

671a article 1 any employer who intends to terminate the employment contract on the basis of article 669 (3) part a or b, written consent to the execution calls on employee insurance, mentioned in Chapter 5 of the Act organization work and income implementation structure.
2 if by collective agreement or arrangement authorized by or on behalf of a governing body of the employer an independent and impartial Commission is appropriate, calls on the employer, by way of derogation from paragraph 1, the permission to terminate the employment contract on the basis of article 669, paragraph 3, part a, to that Committee. In the collective agreement or arrangement authorized by or on behalf of a governing body in which that Committee is designated, rules are set with regard to: a. adversarial;
b. the confidential treatment of submitted data;
c. reasonable deadlines for comments by the employer and the employee; and d. a reasonable decision deadline.
3 the collective agreement referred to in paragraph 2, is closed with one or more associations of workers in the enterprise or industry active people count among their members, who, under their articles of association with the aim of the interests of their members to serve as employees, as such in the company or industry concerned and at least two years in possession of full legal capacity. In respect of an Association of employees which, pursuant to its articles of association can be considered to be a continuation of one or more other workers associations with full legal capacity, the duration of the full legal capacity of that association or associations for the purpose of determining the duration of two years partly taken into account.
4 the decision on the application referred to in paragraph 1 or paragraph 2, simultaneously released in writing to the employer and the employee, indicating the date on which the full request, referred to in paragraph 1 or paragraph 2, has been received.
5 the permission to terminate an employment contract for an indefinite period on the basis of article 669, paragraph 3, part a, shall be granted only if the employer: (a) the working relationship with persons who are not under an employment contract for an indefinite period on the jobs that expire, has ended;
b. the employment relationship with persons under a contract of employment as referred to in article 628a workplaces that expire, has ended;
c. agreements related to ingeleende persons in workplaces that expire, has ended; and (d) the working relationship with persons who, on the basis of an employment contract on the jobs that expire and in article 7, part a, of the General old age pensions Act age referred to, has ended.
6 the permission for termination is valid for four weeks after the date of the decision on the application referred to in paragraph 1 or paragraph 2. The employer says in writing stating the reason for the termination.
7 when control of our Minister of Social Affairs and employment can labour relations or agreements related to hired staff are designated to which paragraph 5 does not apply and can be determined partly under the employer referred to in paragraph 5, means.
8 by arrangement of Our Minister for Social Affairs and employment rules are set with regard to the procedure for the granting of consent, referred to in paragraph 1.
9 Any circumstances where the obligation to asking permission, referred to in paragraph 1 or paragraph 2 is excluded or limited, is void as well as insist that the term referred to in paragraph 6, widens.
10 at arrangement of Our Minister for Social Affairs and employment can rules with respect to the Commission referred to in paragraph 2, and the procedure relating to the granting of consent by that Committee.
11 the consent referred to in paragraphs 1 or 2, shall not be granted if a notice of prohibition referred to in article 670, paragraphs 1 to 4 and 10, or one with nature and scope similar to notice this notice prohibited prohibition in another legal requirement applies, unless it may reasonably be expected to notice prohibition no longer applies within four weeks after the date of the decision on the application. This paragraph shall apply mutatis mutandis to the authorisation referred to in article 671 (1) part h.

671b article 1 the Court of first instance may, on the application of the employer terminate the employment contract: a. on the basis of article 669 (3) parts c through h;
b. on the basis of article 669 (3) parts a and b, if the consent referred to in article 671a, is denied; or c. on the basis of article 669 (3) parts a and b, if there is a fixed-term employment contract which are not interim may be terminated.
2 the District Court may grant the request referred to in paragraph 1 only if the conditions for termination of the employment contract, referred to in article 669, is met and there no notice as referred to in article 670 or prohibited with this forbidden to notice nature and scope similar notice banned in another legal regulation.
(3) if the request for dissolution shall be founded on article 669 (3) part a, paragraphs 5 and 7, article 671a, shall apply mutatis mutandis.
4 If the request for dissolution shall be founded on article 669 (3), part c, point the district judge reject the application, if the employer does not have a statement in respect of an expert as referred to in article 629a, unless submitting this statement of the employer can not reasonably be demanded.
5 If the request for dissolution shall be founded on article 669 (3), part e, associated with it, without proper soil by the employee is not fulfilling the obligations referred to in article 660a, designates the district judge reject the application, if the employer: (a) the employee is not required to comply with those obligations in writing first or for that reason, having regard to the provisions of article 629 (7) the payment of wages has discontinued; or b. don't have a declaration in respect of an expert as referred to in article 629a, unless submitting this statement of the employer can not reasonably be demanded.
6 If the employer asks the dissolution on the basis of article 669 (3) parts b through h, and a notice of prohibition referred to in article 670, paragraphs 1 to 4 and 10, or one with nature and scope similar to notice this notice prohibited prohibition in another legal requirement applies, the Court of first instance, by way of derogation from paragraph 2 grant, the request for dissolution, if: a. the request does not relate to circumstances on which that notice is prohibited; or b. There is conditions that are such that the employment contract in the interest of the employee ought to end up.
7 The notice of prohibition referred to in article 670 (1) does not apply if the disease began after the request for dissolution by the cantonal judge is received.
8 if the request for dissolution an employment contract for an indefinite period or a fixed-term contract which interim may be terminated, and the district judge accepts the request: a. he determines the end of the employment contract at the time when the contract of employment at regular termination would have ended, which, if the dissolution of the employment contract is not due to serious culpable act or omission of the employer , the duration of the period beginning on the date of receipt of the request for dissolution and ending on the date of the date of the dissolution decision is deducted, on the understanding that a period of at least a month remains;
b. he may, by way of derogation from paragraph (a), determine the end of the employment contract on an earlier date if the dissolution of the contract of employment is the result of serious culpable act or omission of the employee;
c. he can grant an equitable remuneration to the employee if the dissolution of the contract of employment is the result of serious culpable act or omission of the employer.
9 If the request for dissolution a fixed-term contract not interim may be terminated, and the district judge accepts the request, he determines at what time the employment contract ends and: a. he may grant compensation to the employee not exceeding the amount equal to the wage in money over the term that the employment contract would have lasted if this would have ended by operation of law;
b. he can the employee in addition to the fee referred to in part a, grant fair compensation if the dissolution is the result of serious culpable act or omission of the employer; or

c. he can, if the dissolution of the contract of employment is the result of serious culpable act or omission of the employee, the employer grant compensation up to a maximum of the amount equal to the wage in money over the term that the employment contract would have lasted if this would have ended by operation of law.
10 each clause in which the possibility for the employer to the Sub-District Court to request the labour agreement, referred to in paragraph 1, is excluded or limited, is void.

Article 671c 1 the district judge may, on the application of the employee terminate the employment contract due to circumstances which are such that the employment contract for reasons of equity, should end immediately or after a short period of time.
2 If the request an employment contract for an indefinite period or a fixed-term contract which interim may be terminated, and the district judge accepts the request: a. he determines when the employment contract ends; and b. he can grant an equitable remuneration to the employee if the dissolution of the contract of employment is the result of serious culpable act or omission of the employer.
3 If the request is a fixed-term contract not interim may be terminated, and the district judge accepts the request, he determines at what time the employment contract ends and: a. he can, if him that in view of the circumstances, great discounts, grant compensation to the employee not exceeding the amount equal to the wage in money over the term that the employment contract would have lasted if this would have ended by operation of law;
b. he can the employee in addition to the fee referred to in part a, grant fair compensation if the dissolution is the result of serious culpable act or omission of the employer; or c. he can, if him that in view of the circumstances, fair or the dissolution is the result of serious culpable act or omission of the employee, the employer grant compensation up to a maximum of the amount equal to the wage in money over the term that the employment contract would have lasted if this would have ended by operation of law.
4 At arrangement of Our Minister for Social Affairs and employment can be determined that the District Court the fee referred to in paragraph 3, part c, on a higher amount, if the employee to designate a scheme in which function in an industry. Only functions in an industry that are designated in the Ministerial Regulation, referred to in article 668a (8) can be designated as a function referred to in the first sentence.
5 Any circumstances where the possibility for the employee to the Sub-District Court to request the labour agreement, referred to in paragraph 1, is excluded or limited, is void.

Article 672 1 cancellation shall take place by the end of the month, unless by written agreement or by using another day is designated.
2 The time limit to be observed by the employer of termination amounts to a contract of employment which, at the date of cancellation: a. less than five years: one month;
b. five years or longer, but shorter than ten years has lasted: two months;
c. ten years or longer, but shorter than fifteen years: three months;
d. fifteen years or longer has lasted: four months.
3 by way of derogation from paragraph 2, the time limit to be observed by the employer of cancellation one month if the employee provided for in article 7, part a, of the General old age pensions Act has reached age referred to.
4 to observe by the employee in The period of notice is one month.
5 If the consent referred to in article 671a (1) is granted, the term to be observed by the employer of termination shortened with the duration of the period beginning on the date on which the full request for permission is received and ending on the date of the date of the decision on the request for permission, except that a period of at least a month.
6 the term referred to in paragraph 2 or 3, can only be reduced by collective agreement or arrangement authorized by or on behalf of a governing body. The term can be extended in writing.
7 of the term referred to in paragraph 4, may in writing. The term of termination for the worker may not exceed six months for renewal and for the employer not less than double that for the employee.
8 by collective agreement or by or on behalf of an authorized scheme governing body, should the term of termination referred to in paragraph 7, second sentence, be shortened for the employer, provided that the term is not shorter than that for the employee.
9 for the purposes of paragraph 2, employment contracts shall be considered to form a single, uninterrupted employment contract in case of recovery of the employment contract pursuant to article 683 682 or article.
10 The denouncing party against an earlier day than between the parties, the other party for compensation is equal to the amount of the wage in money over the term that the employment contract at regular termination had belong to persist.
11 the Court of first instance can the fee referred to in paragraph 10, if the moderate him with a view to fair conditions, it being understood that the fee can amount to no less than the wage in money about the notice period referred to in paragraph 2, nor less than the wage in money for three months.

Article 673 1 the employer to the employee a transition fee is payable if the contract of employment has lasted for at least 24 months and: a. the contract of employment: 1 ° has been cancelled by the employer;
2 ° at the request of the employer is dissolved; or 3 ° after a stop by operation of law on the initiative of the employer not following has continued and for terminating the employment contract labour contract is no successor, which interim may be terminated and becomes effective after an interval of not more than six months; or b. the employment contract due to serious culpable act or omission of the employer: 1 ° by the employee is terminated;
2 ° at the request of the employee is dissolved; or 3 ° after a stop by operation of law on the initiative of the employee is not contiguous.
2 The transition fee is 120 over the first months of the contract of employment equal to a sixth of the pay per month for each six-month period that has lasted and the labour agreement equal to a quarter of the pay per month for each subsequent period of six months. The transition charge is limited to a maximum of € 76,000.0 – or pay an amount equal to not more than twelve months if that wage is higher than that amount.
3 the amount referred to in paragraph 2, each time with effect from 1 January by the Minister of Social Affairs and employment be amended in accordance with the development of the contract wages like this for the year in question, according to publication in the Macro-economic explorations, in the previous year is estimated. The amount is rounded to the closest multiple of € 1,000, –. The changed amount shall apply only if the employment contract terminates on or after the date of the change or not continues.
4 for the calculation of the duration of the employment contract, referred to in paragraphs 1 and 2, shall be: a. months in which the average size of the work done by the worker less than 12 hours per week, amounts, until reaching the age of 18; and b. one or more prior employment contracts between the same parties, which each other at intervals of not more than six months have succeeded, totaled. The previous sentence shall also apply if the employee has been employed successively at different employers, irrespective of or insight in the capacity and suitability of the employee, in respect of the work she has done to be each other's successor may reasonably be supposed to be.
5 If, in the situation referred to in paragraph 4, subparagraph (b), upon the termination of a previous employment contract a transition fee is paid or on the basis of article 673b (1) an equivalent supply is provided, an amount at the height of the transition fee associated with that termination pursuant to paragraphs 1 and 2 was payable or would have been deducted from the transition fee.
6 Under by order in Council to be determined on the transition fee can be deducted: a. cost of measures relating to the end or not continuing the employment contract, aimed at preventing unemployment or shorten the period of unemployment of the employee; and (b). costs in connection with promoting the great versatility of the employee who during the employment contract are made.
7 The transition fee is not payable if the end or not continuing the employment contract: a. shall be made prior to the day when the employee has reached the age of eighteen years and the average size of the self-employed work less than 12 hours per week;
b. shall be carried out in connection with or after reaching a laid down by or pursuant to law or agreed between the parties age at which the employment contract ends, or, if no other age, the data referred to in article 7, part a, of the referred age General old-age insurance; or

c. the result of serious culpable act or omission of the employee.
8 by way of derogation from paragraph 7, part c, the cantonal judge the transition fee in whole or in part, to the grant if the employee not to grant it to standards of reasonableness and fairness unacceptable.
9 If, after an end by operation of law, it does not continue the contract of employment is the result of serious culpable act or omission of the employer, the Court of first instance: a. in addition to the transition to the employee compensation payable by the employer to grant fair compensation; or b. If the employee has been employed for less than 24 months at the employer referred to in paragraph 1 or pursuant to paragraph 7, part a, are not entitled to compensation, to transition the employee remuneration payable by the employer.
10 under or pursuant to order in Council determines for the purposes of paragraph 2, the following definitions shall apply wage.

673a article 1 if the employee continue or not at the end of the employment contract 50 years old or older and the employment contract at least 120 months, is, by way of derogation from Article 673 (2), first sentence, the transition fee on every six-month period that the worker after reaching the age of 50 with the employer has been employed , equal to half the wage per month, referred to in Article 673 (2).
2 paragraph 1 shall not apply to any employer who had less than 25 employees in the second half of the calendar year preceding the calendar year: a. where the employee referred to in paragraph 1, a request for permission as referred to in article 671a, or a request for dissolution provided for in article 671b has been submitted; or b. If a request for the termination of an employment agreement as referred to in paragraph (a), is not required, in which the employment contract is terminated or ends automatically and does not continue.
3 paragraph 2 shall not apply to in settlement of Our Minister for Social Affairs and employment to designate categories of employers.
4 At arrangement of Our Minister for Social Affairs and employment categories of the labour force, which otherwise than as an employee working with the employer, be designated to be included in determining the number of employees referred to in paragraph 2.
5 this article shall lapse as from 1 January 2020.

Article 673 and 673a 673b 1 articles are not applicable if in a collective labour agreement or arrangement authorized by or on behalf of a governing body for workers referred to in Article 673 (1) and article 673a an equivalent feature.
2 the collective agreement referred to in paragraph 1, is closed with one or more associations of workers in the enterprise or industry active people count among their members, who, under their articles of association with the aim of the interests of their members to serve as employees, as such in the company or industry concerned and at least two years in possession of full legal capacity. In respect of an Association of employees which, pursuant to its articles of association can be considered to be a continuation of one or more other workers associations with full legal capacity, the duration of the full legal capacity of that association or associations for the purpose of determining the duration of two years partly taken into account.

Article 673c 1 The transition fee, referred to in articles 673a 673 (2) and (1) is no longer payable, if the employer is declared bankrupt, suspension of payment is granted to him or on natural persons him the debt restructuring arrangement applies.
2 If the payment of the transition fee, referred to in articles 673a 673 (2) and (1) leads to unacceptable consequences to the business operations of the employer, the transition fee under at arrangement of Our Minister for Social Affairs and employment to be determined be paid in installments. These can be made for the transition fee with a ministerial regulation to determine at which percentage is increased.

673d article 1 by way of derogation from Article 673 (2) may include in arrangement of Our Minister for Social Affairs and employment to be determined for the calculation of the duration of the employment contract months located for 1 may 2013, if the employment contract is terminated or not continued due to circumstances referred to in article 669 (3) part a, which are the result of a bad financial situation of the employer, which had less than 25 employees in the second half of the calendar year preceding the calendar year: a. in which the request for authorisation referred to in article 671a, or the request for dissolution provided for in article 671b, is made; or b. If a request for the termination of employment referred to in paragraph (a), is not required, in which the employment contract is terminated or ends automatically and does not continue.
2 to regulation of the Minister of Social Affairs and employment can categories of labour, which otherwise than as an employee working with the employer, are designated, which be counted in determining the number of employees referred to in paragraph 1.
3 this article shall lapse as from 1 January 2020.

Article 674 1 the employment contract ends by the death of the employee.
2 Nevertheless, the employer is obligated to the survivors of the employee for the period from the day after death until one month after the day of death, to grant a benefit amounting to the wages that the employee most recently.
3 for the purposes of this article, means the surviving survivors of spouses or registered partners of whom the employee not durable divorced or the one with whom the employee lived, in the absence of this unmarried minor children to whom the deceased stood in relationship governed by family law and in the absence of those the one with whom the employee family lived and in whose cost of existence he largely provided for. Living together as unmarried's meant in the first sentence is the case where two unmarried persons a joint household, with the exception of blood relatives in the first degree. Of a joint household referred to in the second sentence talks about where the parties have their main residence in the same House and they take care of each other through delivering a contribution towards the cost of housekeeping or otherwise in each other's care.
4 The death grant, referred to in paragraph 2 can be reduced by the amount of the benefit that the survivors in respect of the death of the employee is granted a statutory sickness or disability insurance and under the social security supplements Act.
5 (2) shall not apply where the employee immediately prior to the death by applying article 629 (3) had no claim on wages as referred to in paragraph 1 or article 629 if as a result of the fault of the employee is not entitled to benefits under a statutory sickness or disability insurance.
6 of this article may not be derogated from to the detriment of the survivors.

Article 675 the employment contract does not end by the death of the employer, unless the agreement contrary results. However, both the heirs of the employer and the employee shall be entitled to use the employment contract entered into for a specified time, to say, taking account of articles 670 and 672, as if they entered into for an indefinite period of time. When the estate of the employer pursuant to article 13 of Book 4 is distributed, the competence of the heirs, referred to in the preceding sentence, to his spouse or registered partner.

Article 676 1 If a trial period is agreed, each of the parties, as long as that time has not expired, shall be entitled to use the contract with immediate effect.
2 the employer who terminates the employment contract, the employee at his request in writing of the reason of termination.

Article 677 1, each of the parties is entitled to terminate the employment contract without delay to an urgent reason, under immediate communication of that reason to the other party.
2 the party who by intent or negligence on the other party has given an urgent reason to cancel the contract without delay, is a fee, to the other party if the other party has made use of that competence.
3 the fee referred to in paragraph 2, is: a. in the case of a contract of employment for an indefinite period of time and of a fixed-term employment contract that interim may be terminated, equal to the amount of the wage in money over the term that the employment contract at regular termination had belong to persist;
b. in the case of a fixed-term employment contract which are not interim may be terminated, equal to the amount of the wage in money over the term that the employment contract would have lasted if this would have ended by operation of law.

4 the party that a fixed-term contract which are not interim may be terminated, in violation of paragraph 1, the other party for compensation is equal to the amount of the wage in money over the term that the employment contract would have lasted if this would have ended by operation of law. The district judge can the fee, referred to in this paragraph, if moderate him with a view to equitable conditions, but to no less than the wage in money for three months. The employee can destroy the Sub-District Court requests the termination.
5 the district judge can the fee referred to in paragraph 2: a. moderate, if him with a view to fair conditions, it being understood that the fee referred to in paragraph 3, part a, is at least equal to the amount of the wage in money over the term that the contract of employment for the purposes of the notice period referred to in article 672 , had belong to persist;
b. on a higher amount if the cancellation is made by the employee and him this fair having regard to the circumstances.
6 by arrangement of Our Minister for Social Affairs and employment can be determined that the District Court the fee referred to in paragraph 4, on a higher amount can be charged to the employee, if the employee to designate a scheme in which function in an industry. Only functions in an industry that are designated in the Ministerial Regulation, referred to in article 668a (8) can be designated as a function referred to in the first sentence.
7 each clause whereby the jurisdiction referred to in paragraph 1 or in paragraph 4, last sentence, is excluded or limited, is void.

Article 678 1 For the employer as misconduct within the meaning of paragraph 1 of article 677 considered such actions, properties or conduct of the employee, which as a result have that cannot reasonably be taken by the employer to continue the employment contract.
2 Urgent reasons will include present may be deemed to be: a. when the worker at the conclusion of the agreement the employer has misled by showing false or falsified certificates, or intentionally false information given as to the way in which his previous employment contract is terminated;
b. when he severely the ability or fitness turns out to miss to labor for which he has undertaken;
c. when he finds himself Despite warning yields to drunkenness or other dissolute behavior;
d. when he is guilty of theft, embezzlement, fraud or other crimes, making him unworthy of the trust of the employer;
e. when the employer, their family members or roommates, or his fellow mistreats, grossly offends or if he threatens;
f. when the employer, their family members or roommates, or tries to seduce his fellow seduces or acts, contrary to the laws or morality;
g. when he intentionally, or recklessly, despite warning property of the employer exposes to serious danger or damages;
h. when he intentionally, or recklessly, despite warning themselves or others to serious risk;
i. when he details on the home or the business of the employer, which he belonged to keep secret, discloses;
j. when he stubbornly refuses to comply with reasonable commands or commands, provided him by or on behalf of the employer;
k. when he otherwise grossly neglects the duties, which the contract of employment imposes him;
l. when he by intent or recklessness outdoor is hit or remains the agreed to work.
3 terms by which the decision is left to the employer or there is a pressing reason within the meaning of article 677 (1) is present, are void.

Article 679 1 for the employee are as urgent reasons within the meaning of article 677 paragraph 1 such a circumstances, which as a result have that of the employee cannot reasonably be required to continue the employment contract.
2 Urgent reasons will include present may be deemed to be: a. when the employer the employee, their family members or roommates mistreats, grossly offends or if he threatens, or condones such acts by one of his roommates or subordinates;
b. when the employee, their family members or roommates seduces or attempts to seduce to acts, contrary to the laws or morality, or condones that such temptation or attempt at seduction by one of his roommates or subordinates;
c. when the wages are not the connection for some time;
d. when he, where room and Board agreed, not properly so provides;
e. when the employee whose wage depending on the outcome of the work is to be carried out, no sufficient labor;
f. when the employee whose wage depending on the outcome of the work is to be carried out, the agreed not help or not in proper level;
g. when he otherwise grossly neglects the obligations which the contract of employment imposes him;
h. when he, without that nature of the employment contract, this involves the employee notwithstanding his refusal welded labor in the business of another employer;
i. when the continuation of the employment contract of the employee would have been linked to serious threats to life, health, morality or good name, that are not clear at the time of the conclusion of the contract of employment;
j. when the worker due to illness or other causes outside without his hands hit the agreed to work.
3 terms by which the decision is left to the employee or there is a pressing reason within the meaning of article 677 (1) is present, are void.

Article 680 [expired per 01-07-2015] article 680a The Court is authorised a claim for paid based on the voidability of the termination of the employment contract to moderate, if allocation would lead to unacceptable consequences in the circumstances, but on no less than the wage in money for the duration of the notice period pursuant to article 672 no closer than the wage in money for three months.

Article 681 1 the district judge may, on the application of the employee the termination of the employment contract by the employer, or at his request, to him shall be paid by the employer to grant fair compensation, if: a. the employer has terminated contrary to article 671;
b. the employer has terminated in breach of article 670, a notice similar to nature and scope ban in another legal regulation;
c. the employer has terminated in breach of the provisions of article 646, 648 or 649 or with any other prohibition on discrimination or in connection with the fact that the employee in or out of court relied on article 646, 648 or 649 or at any other prohibition on discrimination or assistance in this regard;
d. the employer, not being an employer as referred to in article 690, within 26 weeks after a termination on the basis of article 669 (3) part a, conducted the same work as that which the employee before the employment contract was terminated by another late do he and the former employee has not raised its earlier work on the usual conditions to resume with the employer;
e. the employer referred to in article 690, fails to, if within 26 weeks after a termination on the basis of article 669 (3) part a, a vacancy occurs for the same or similar work as that which the employee performed before the employment contract was terminated, the former employee the opportunity to make as a candidate for the posting at the third, referred to in article 690 , to be nominated.
2 each clause in which jurisdiction, pursuant to paragraph 1 shall be excluded or limited, is void.

Article 682 1 the district judge may, on the application of an employee whose employment contract has been cancelled with the consent referred to in article 671a: a. the employer to restore the employment contract if the condemn cancellation is contrary to article 669, paragraphs 1 or 3, part a or b;
b. to him, in the case of a cancellation in breach of article 669, paragraphs 1 or 3, part a, payable by the employer to grant fair compensation if not reasonably possible because of a circumstance involving serious culpable act or omission of the employer; or c. to him shall be paid by the employer to grant an equitable remuneration if the termination due to circumstances referred to in article 669 (3) part b, is the result of serious culpable act or omission of the employer.
2 the District Court may, on the application of an employee referred to in article 671 (1) parts d or h: a. the employer to restore the employment contract if the condemn cancellation is contrary to article 669; or b. to him shall be paid by the employer to grant an equitable remuneration if the termination is the result of serious culpable act or omission of the employer.
(3) the Court may at the request of an employee referred to in article 671 (1) parts e or f, to him shall be paid by the employer to grant an equitable remuneration if the cancellation: a. is contrary to article 669; or b. is the result of serious culpable act or omission of the employer.

4 If the employer, not being an employer as referred to in article 690, within 26 weeks of the date of the dissolution decision pursuant to article 669 (3) part a, the same work as that which the employee performed by another late do he and the former employee has not raised its earlier work on the usual conditions to resume with the employer , the district judge at the request of the employee: a. the employer condemn the employment contract to recover with effect from the day on which it is terminated; or b. the employee shall be paid by the employer to grant fair compensation.
5 If the employer referred to in article 690, fails to, if within 26 weeks of the date of the dissolution decision pursuant to article 669 (3) part a, a vacancy occurs for the same or similar work as that which the employee performed for the dissolution, the former employee the opportunity to make as a candidate for the posting at the third referred to in article 690, to be nominated, the cantonal judge at the request of the employee: a. the employer condemn the employment contract to recover with effect from the day on which it is terminated; or b. the employee shall be paid by the employer to grant fair compensation.
6 If the district judge pronounces a conviction to recovery of the employment contract as referred to in paragraph 1, part a, or part a, paragraph 2, he shall at any time the employment contract is restored and he will find facilities concerning the legal consequences of the interruption of the employment contract.
7 each clause in which jurisdiction, referred to in paragraphs 1 to 5, is excluded or limited, is void.

Article 682a At arrangement of Our Minister for Social Affairs and employment rules can be set with regard to the articles, parts, paragraph 1 (d) and (e) 681, and 682, paragraphs 4 and 5, which can be determined: a. what partly under the employer referred to in those articles, means;
b. the cases in which and the conditions under which those provisions do not apply; and c. the order in which the former employees be given the opportunity to resume their previous work or to be nominated as a candidate for the posting.

Article 683 1 if a decision to terminate the employment contract as referred to in articles 671c and 671b, or for annulment of the termination referred to in articles 677 (4) and 681 or until recovery of the employment contract as referred to in Article 682, appeal or appeal in cassation is lodged, this shall suspend the implementation of the decision.
2 appeal and appeal in cassation against a at the request of the employee assigned dissolution can only relate to the remuneration referred to in article 671c, paragraph 2 or 3.
3 If the appellate judge or after reference in cassation considers that the request of the employer to terminate the employment contract has been wrongly assigned or that the employee's request to set aside the termination or to repair the employment contract has been wrongly rejected, he can condemn the employer to restore the employment contract or grant fair compensation to the employee.
4 If the court pronounces a conviction to recovery of the employment contract as referred to in paragraph 3, Article 682 (6) shall apply mutatis mutandis.
5 If the appellate judge or after reference in cassation considers that the request of the employer or the employee to dissolution of the employment contract has been wrongly rejected, he determines when the employment contract ends. The articles 671b and 671c regarding the grant of an indemnity shall apply mutatis mutandis.
6 If the appellate judge or after reference in cassation considers that the request of the employee to set aside the termination or to repair the employment contract has been wrongly assigned, he determines at what time the employment contract ends.

Article 684 1 If the labour contract is for longer than five years or for the duration of the life of a particular person, is nevertheless the competent employee, from the date on which five years have expired since its inception, its on to say with due observance of a period of six months.
2 of this article may not be derogated from to the detriment of the employee.

Article 685 [expired per 01-07-2015] article 686 the provisions of this section close for neither side the possibility of dissolution due to a failing in the fulfilment of the agreement and in the form of damages. The dissolution can only be pronounced by the Court.

Article 686a 1 on the amount of the fee referred to in articles 672, 677 (9) and (2) and (4) is the statutory interest as from the day on which the contract of employment is terminated. On the amount of the compensation referred to in articles 673, transition 673a and 673c is the statutory interest as from one month after the day on which the contract of employment is terminated.
2 The proceedings which under this section in, at or on the certain are based, introduced by an application.
3 In proceedings which under this section in, at or on the certain are based, related other claims be submitted with an application.
4 the power to petition the District Court to submit shall lapse: a. two months after the day on which the contract of employment is terminated, in the case of a request pursuant to articles 672, 677, 681, paragraph 9, paragraph 1, parts a, b and c, and 682 (1), (2) and (3);
b. three months after the day on which the contract of employment is terminated, in the case of a request pursuant to articles 673, 673b, 673c and 673d 673a,;
c. two months after the day on which the employee is aware or reasonably could have been in the situation referred to in Articles 681 (1) parts d and e, and 682, paragraphs 4 and 5, but at the latest two months after the day on which the period of 26 weeks, referred to in those paragraphs or parts, has expired;
d. two months after the day on which the authorization referred to in article 671a, is refused, in the case of a request under paragraph 1, subparagraph (b), article 671b,;
e. three months after the day on which the obligation under article 668 (1), in the case of a request under article 668 (3).
5 the treatment of the requests referred to in this article, does not catch later than in the fourth week following that in which the petition is filed.
6 Before a dissolution as referred to in article 671c or to which a fee associated, 671b, the Court shall the parties of its intention and shall set a term, within which the applicant has the power to withdraw his request. If the applicant does, the Court will only give judgment regarding the costs of the proceedings.
7 paragraph 6 shall apply mutatis mutandis if the Court intends to take a dissolution as referred to in article 671c or to speak without 671b a requested fee by the applicant.
8 article 55 of book 3 of the Civil Code shall not apply to articles 677 and 681.
9 Requests under this section are made to the under articles 99, 100 and 107 to 109 of the code of civil procedure competent cantonal judge.
10 the Court may a case split in two or more business if the request and the claims in the application referred to in paragraph 3, in the opinion of the Court will not borrow for joint treatment. In the decision to split the Court mentions, where applicable, the additional fee under article 8 of the law court fees civil matters by parties and the period within which this Court whether this increased court registry fee must be paid. The split business continue in the State in which they are located at the time of the split.

Section 10. Special provisions for trade representatives Article 687 the agreement of trade representation is a contract in which one party, the trade representative, across from the other party, the pattern, connects against wage containing Commission exists, in the development of agreements to provide mediation, and in the name of the pattern.

Article 688 1 On the agreement of trade representation Articles 426, 429, 430 paragraphs 2 to 4, 431, 432, 433 and 434 shall apply mutatis mutandis.
2 of the articles 426 (2) paragraphs 2 to 4 429, 430, 431 and 433 paragraph 2 may not be derogated from.
3 paragraph 3 of the articles 432 and 434 cannot be derogated from to the detriment of the commercial representative.
4 of articles 431 426 paragraph 1 and paragraph 1 may only be derogated from to the detriment of the commercial representative in writing.

By way of derogation from Article 618 article 689 is the amount of the wage in money over the term that the agreement of trade representation to regular termination had belong to persist, take into account the Commission earned in the preceding time and to comply with all other relevant factors.

Division 11. Special provisions in respect of the employment agreement Article 690


The employment agreement is the contract of employment that the employee by the employer, in the context of the exercise of the profession or business of the employer is made available to a third party pursuant to an order by the employer to work under the supervision and guidance of the third.

Article 691 1 On the employment agreement is article 668a first apply as soon as the employee in over 26 weeks labor has done.
2 In the employment agreement may be stipulated in writing that that agreement ends automatically because the posting of the employee by the employer to the third as referred to in article 690 at the request of the third party comes to an end. If a term referred to in the preceding sentence in the temporary employment contract, the employee can terminate that agreement without delay and is on the employer article 668 (1), (2), 3 and 4, part a, do not apply.
3 a term referred to in paragraph 2 loses its force if the employee in employment more than 26 weeks for the employer has done. After the expiry of this deadline the competence of the employee to notice of termination referred to in paragraph 2.
4 for the calculation of time limits referred to in paragraphs 1 and 3 shall be periods in which work is carried out that succeed each other at intervals of not more than six months partly taken into account.
5 for the calculation of time limits referred to in paragraphs 1 and 3 shall be periods in which work is carried out for various employers which may reasonably be supposed to be each other's successor to work are taken into account.
6 this article shall not apply to the employment contract to which the employer and the third in a group are related to it within the meaning of article 24b of book 2 is a subsidiary of the one or the other as referred to in Article 24a of book 2.
7 by written agreement to the detriment of the employee can be exempted from article 628 (1) to a maximum of the first 26 weeks in which the employee works. Article 628, paragraphs 5, 6 and 7, shall not apply.
8 by collective agreement or by or on behalf of an authorized scheme governing body: a. can the terms referred to in paragraphs 1, 3 and 7, be extended to a maximum of 78 weeks; and b. can be derogated from to the detriment of paragraph 5 of the employee.

Article 692 [expired per 01-07-2015] article 693 if the labor on board a sea-going vessel as referred to in paragraph 1 is carried out, article 695 is the third, regardless of the on the employment contract and the agreement between the employer and the third applicable law, liable for the fulfilment of the articles 706 to 709, 717 to 720 obligations, 734 to 734l, if the employer is in default with the fulfilment thereof.

Department 12. Special provisions in respect of the Sea-The sea labour agreement General provisions Article 694 1-employment contract is the contract of employment, including employment agreement, which the seafarer undertakes to carry out work on board a sea-going vessel.
2 by order in Council may, after consultation with the relevant organisations of ship managers and seafarers, categories of seafarers are designated not to be regarded as seafarers referred to in paragraph 1.

Article 695 1 this section shall apply to sea-going vessels which pursuant to Dutch legislation entitled the flag of the Kingdom.
2 In this section ship administrator means the ship Manager, referred to in article 1, first paragraph, part l, of the law seafarers.

696 1 Article On the sea-employment contract, the provisions of sections 1 to 9 and 11 of this title shall apply, insofar as they do not deviate from this section. Article 617 does not apply in respect of the service on board the sea-going vessel.
2 of the articles 697 698, 699, paragraph 2, 700, 705, 706, 709, 711, 712, 720, 721, 738 735 to 728 and the provisions of this section may not be derogated from.
3 of the 707, 708, 697 articles (1) 710, 714, 715, 717, 719, 723, 724 to 729, 734 to 730 and 734l cannot be derogated from to the detriment of the seafarer.

Article 697 1 the sea-employment contract must be entered into by the parties in writing and be signed by them.
2 each party needs to have a signed original copy of the sea-employment contract.

Article 698 every seafarer on board must be aware of his sea-employment contract and of the applicable collective bargaining agreement or arrangement authorized by or on behalf of a governing body as well as an easy way to be able to get clear information about not in it common conditions of employment.

Article 699 of the sea-employment contract shall specify, in each case: 1. the name and the first names of the seafarer, the day of his birth or his age and his birth place or unfamiliar of one or more of these data;
2. the name and address of the employer;
3. the place and the day of entering into the sea-employment contract;
4. the indication of the sea-going vessel or sea-going vessels which the seafarer undertakes to serve or the determination that he will serve on one or more to identify ships by the employer;
5. to take the trip or travel, as these already established;
6. the amount of the wages of the seafarer and, if applicable, the method of calculation;
7. the holiday entitlement or the method of calculating this claim;
8. the amount of the during the holidays by paying wage and, where applicable, the method of calculation;
9. the seafarer to be provided by the employer to the performance for medical care and social security benefits;
10. the position in which the seafarer will enter in service;
11. If possible, the place and the day on which the service will start on board;
12. the termination of the sea-employment contract, namely: a. If the contract is entered into, the day on which the contract of employment ends, indicating the content of article 722 or if the contract is entered into, the port agreed to the trip for the termination of the agreement, or if the journey ends in a Member State other than the agreed port of the content of article 723;
b. If the agreement is entered into for an indefinite period of time, the first sentence of Article 724;
13. the seafarer's entitlement to repatriation;
14. a reference to the applicable collective bargaining agreement or arrangement authorized by or on behalf of a governing body.

Article 700 a seafarer may not be restricted in his authority to after the end of the sea-employment contract on certain way.

Article 701-labour contract in the sea from the time of onset of the employment contract, the seafarer is for the performance of his duties to keep at the disposal of the employer. Is about starting from the sea-employment contract nothing determined, then, this for the purposes of this article, along with entering into it.

Article 702 the seafarer is employed on board the vessel from the time he starts its work on board until the time of his activity on board is removed from Office if he accepts this.

Article 703 the master represents the employer in the implementation of the sea-employment contracts with the seafarers, who are employed on board the naval vessel conducted by him.

Article 704 1 the seafarer is obliged him by the captain to perform assigned activities, whether or not the other work than he has to do in accordance with the function, in which he according to the sea-employment contract on board.
2 the seafarer is obliged to contribute to the preservation of the sea-going vessel, the persons on board and the business on board.

Article 705 In cases concerning a sea-employment contract or a collective agreement or arrangement made by or on behalf of a governing body is competent to do so, regardless of the applicable law, the district judge of the District Court of Rotterdam has exclusive jurisdiction, unless otherwise provided in this section.

Wage laid down in Article 706 1 payment of the money part of it in service on board a sea-going vessel earned wage shall be: a. in the currency, in which it is expressed in the sea-employment contract;
b. in the currency, accepted in way of the satisfaction;
c. by cashless payments referred to in article 114 of book 6.
(2) if conversion is required, this shall be the rate referred to in articles 124 and 126 of book 6.

Article 707 1 The seafarer may the employer written requests are to pay in whole or in part, by the seafarer to pinpoint people. If conversion is required, shall be made to the rate referred to in articles 124 and 126 of book 6.
2 The written request for termination of the transfer referred to in paragraph 1 shall be submitted within one month before the next payday.

Article 708 1 The seafarer has a right to payment of the wages earned on board a sea-going vessel in service: a. If the to time band has been established, in every port, which the sea-going vessel during the trip, provided that seven days after the last payment;
b. If not to time band has been established, on the in the sea-contract labour times for satisfaction, or, in the silence of it, through the use and fairness, on the understanding that the satisfaction than after a month.

2 The payment of the salary referred to in paragraph 1 shall be made available not later than on the day following the arrival, but at least for the departure from the port, on the understanding that the payments follow each other at intervals of not more than a month.

The seafarer labor longer than the article 709 1 carried out by the law or the sea-employment contract certain normal working hours than he has for that extra hours is entitled to a surcharge on the wage, unless the captain this labor necessary for the preservation of the ship, persons on board or the business on board. The amount of the surcharge is determined by the sea-employment contract or, in the silence, by use or fairness.
2 by collective agreement or arrangement authorized by or on behalf of a governing body may provide that in the wage compensation for overtime is understood.
3 the captain of any case of overtime note in the appropriate registry. Each annotation is signed by the seafarer within no more than a month.

Article 710 seafarer shall carry out the work other than he has to do in accordance with the function, in which he according to the sea-employment contract on board, then he has the right to the corresponding wage if this is higher than the wages accruing from the sea-employment contract.

Article 711 Works the seafarer to the preservation of the sea-going vessel, the persons on board and the business on board, then he has the right to an extraordinary reward for the days, during which he has worked up to this preservation.

Article 712 If a sea-going ship, that not to provide towing service is intended, to another, found in open sea ship towing service proves in circumstances which no claim to help wage, have the seafarers entitled to receive any share of the drag wage. The employer shares every seafarer for the payout, at its request, the amount of sleep wage and their distribution in writing.

Article 713 a legal claim under articles 709 to 712 shall become statute-barred after a period of six months after the occurrence of the claim.

Article 714 as far as the monetized part of the wage is laid down in the trip, the seafarer has a right to a proportional increase of the wages, if the trip by the ship's Manager, by molest or by staying at an emergency port or some other similar reason is extended in the interest of the sea-going vessel, the persons on board and the business on board.

Article referred to in article 715 626 of contents is provided monthly and also contains an indication of the currency or the price that is different from what has been agreed.

Article 716 No wage is payable for the time during which the seafarer without proper ground has refused to carry out the agreed labour or other assigned activities.

The seafarer acquires about holiday Article 717 1 every year in which he agreed during the full working time law has had on wages, holiday entitlement of at least 30 calendar days.
2 the seafarer keeps its holiday entitlement over the period during which he study leave.
3 to holiday are not counted: a. official or public holidays;
b. temporary leave to go ashore;
c. compensatory leave;
d. the duration of transport, referred to in paragraph 6;
e. the time spent awaiting repatriation and repatriation travel time related to.
4 the employer is obliged to spend the holidays referred to in paragraph 1, contiguous. This requirement may be waived by collective agreement or arrangement authorized by or on behalf of a governing body.
5 the holidays, referred to in paragraph 1 and in article 641 (3) shall be given on request to the seafarer on board in the place where the service is started, or the place where the sea-labour contract is, according to that place the closest is located at the domicile or habitual residence of the seafarer. Of this paragraph may be made by collective agreement or arrangement authorized by or on behalf of a governing body.
6 If the seafarer is the forced holiday, referred to in paragraph 1 and in paragraph 3 to article 641 to catch on a place other than those referred to in paragraph 5, the employer for transportation to that other place and free of charge for the payment of the cost of living for that transport.
7 the employer has the power a seafarer who his holiday, referred to in paragraph 1 and in paragraph 3 article 641, enjoy, to call back if there are important reasons and after consultation with the seafarer. The damage that the seafarer as a result, suffers, is reimbursed by the employer.
8 a legal claim to grant vacation shall become statute-barred three years after the last day of the calendar year in which the claim arose.

Repatriation Article 718 1 The seafarer has a right to repatriation on a quick and appropriate approach, if possible by plane, to a place of destination chosen by him in case: a. by termination of the sea-employment contract;
b. by disease that repatriation required;
c. recovery of illness, if he's in nursing has been left outside the country where he has his domicile or habitual residence or the place where the sea-employment contract is entered into;
d. of wreckage;
e. the employer is unable are legal or contractual obligations because of bankruptcy, sale of the sea-going vessel, change in the registration of the sea-going vessel or for any other similar reason;
f. the sea-going vessel heading off to a war zone, while the seafarer refuses to go to that area, or g. of a period of up to 12 months in which the seafarer on board.
2 In case of repatriation is the employer obliged to reimburse the following costs: (a) the journey to the place of destination;
(b) accommodation and food from the date on which the seafarer has left the vessel until it has reached its destination;
(c) pay and allowances from the day the seafarer has left the vessel until it has reached its destination;
d. medical treatment, if necessary, until the State of health of the seafarer allows it to travel to the place of destination.
3 is regarded as the place of destination: (a) the place where the sea-employment contract is entered into;
(b) the country where the seafarer has his domicile or habitual residence, or c. the place that in the sea-employment contract or the applicable collective bargaining agreement or arrangement authorized by or on behalf of a governing body is determined.
4 the right referred to in paragraph 1 shall lapse if the seafarer not within two days, after one of the in paragraph 1 (a), (c), (d), (e), (f) and (g) the circumstances referred to occurred, to indicate his wish to return to the captain. By collective agreement or arrangement authorized by or on behalf of a governing body may be a longer term be agreed.
5 a copy of the legal provisions on repatriation is both in Dutch and in English for the seafarer on board available.
6 If the employer fails to fulfil the obligations relating to repatriation, the ship's manager responsible for the fulfilment thereof.

Compensation in the event of shipwreck or other disaster at the sea-going vessel and in case of death of the seafarer Article 719 1 the employer is liable to the seafarer liable for the damage that the seafarer is suffering because of shipwreck or other things to the sea-going vessel come across disaster.
2 In case of partial or complete loss of the equipment of the seafarer as a result of shipwreck or other disaster the seafarer has claim to a benefit, the amount of which shall be fixed by order in Council.
3 In the event of unemployment as a result of shipwreck or other disaster the seafarer has claim to a benefit at the by the sea-in money established part of the wage employment contract for the duration of unemployment, but at most for two months. If the wages are not subject to time space has been established, the benefit an amount equal to the wages that according to use when the entire wage to time band are met.
4 the benefit, referred to in paragraph 3, is reduced with the wage on which the seafarer is entitled under Article 729.
5 If the seafarer at shipwreck or other disaster life loses, the benefits referred to in the second and third paragraph to the survivors, referred to in article 674 (3).
6 The claims relating to the benefits referred to in the second and third paragraphs are privileged on all movable and immovable property of the employer. The privilege in rank is equivalent with that referred to in article 288 (e) of book 3.

Article 720 1 if the seafarer dies during the service on board the sea-going vessel or ashore in relation to the service on board, shall be borne by the employer: a. If the funeral takes place outside of the country where he has his domicile or habitual residence, the costs;
b. If the funeral takes place in the country where he has his domicile or habitual residence, the cost of and related to the transport of the mortal remains to the place of residence or habitual residence in that country, as well as the cost of and related to the necessary excavation of the remains.

2 the captain is required to take care of the business of a left on board during the trip became ill, missing or deceased seafarer and he is required in the presence of two seafarers to make an adequate description, which is signed by him and by these seafarers. The master shall ensure that these matters are issued to the seafarer or in case of loss or death to his survivors, referred to in article 674 (3).
3 If the domicile or habitual residence of the seafarer or his survivors is unknown or the survivors are unknown, is the employer required the on board left Affairs for three years. After the expiry of that period the employer is authorized to sell the business or, if the goods are not for sale to a third party in this lending, not to transfer or destroy property.
4 In the case of sale the proceeds deposited in the consignment Office. The proceeds deposited in the consignment Office shall take the place of the business.

End of the sea-employment contract Article 721 If a trial period is agreed, can not be invoked as long as the service on Board has not ended.

722 The article for some time assumed or continued employment contract ends in the first sea-port, which the sea-going vessel is visiting after that time has passed and, where necessary, termination has taken place.

Article 723 1 the sea-fixed-term employment contract, entered into by the travel, ends at the end of the trip or the travel for which it has been entered into.
(2) if the journey ends in another port than agreed, ending the sea-at the time when the seafarer employment contract in accordance with article 718 is repatriated. If the right of the seafarer on repatriation has expired, ends the sea-employment contract in the other port, referred to in the first sentence, at the time when this right has expired.

Article 724 1 during the time the seafarer is employed on board a sea-going ship can, each of the parties the sea-employment contract entered into for an indefinite period by written notice do end up in each port that's served with due observance of a notice period of not less than seven days. The term of cancellation may be made for the employer not less than for the seafarer.
2 paragraph 1 shall also apply if the employer dies during the time the seafarer is employed on board a sea-going vessel, and either the heirs of the employer, whether the seafarer would like to make use of the power in article 675.

Article 725 for a sea-going vessel travel can, each of the parties the sea-employment contract only on the base of article 677 cancel against the time, paragraph 1 which the sea-going vessel in a port.

Article 726 except in the cases referred to in paragraph 2, article 678 will for employer misconduct may be deemed to be present, when among other things: a. the seafarer a person on board the vessel's grossly offends or if he mistreats, threatens or entices him or trying to seduce to acts contrary to the law or morality;
b. the seafarer is not available on the basis of article 701 loves the employer;
c. the seafarer either temporarily or for good the power is taken away on a sea-going ship to serve in the position in which he has committed itself to serve;
d. the seafarer has brought on board were or smuggling there under its resignation or in case of the captain, he has brought on board were smuggling, there under its resignation or there has admitted.

Article 727 except in the cases referred to in article 679 paragraph 2, will be deemed to be present for the seafarer's misconduct, when: a. be given him orders which are in conflict with the sea-employment contract or with legal obligations of the seafarer;
b. the sea-going vessel is destined to a port of a country that is wrapped in an armed conflict or to a port that is blocked unless the sea-employment contract expressly provided for this and is entered into after the outbreak of the conflict or after proclaiming the blockade;
c. be given him orders to leave for an enemy port;
d. the sea-going vessel is used in an armed conflict;
e. the sea-going vessel is used for committing crimes;
f. for him aboard danger for abuse by another seafarer threatens;
g. the accommodation, the diet or drinking water on board does not comply with the provisions under articles 48 and 48a of the Seafarers Act in such a way that this is harmful to the health of seafarers;
h. the sea-going vessel loses the right to carry the flag of the Kingdom;
i. the sea-employment contract is entered into for one or more specific travel and other travel makes the sea-going vessel.

By way of derogation from article 705 728 article can the request for dissolution of the sea-employment contract referred to in articles 671c, 671b and the under articles 99, 100 and 107 to 109 of the code of civil procedure competent cantonal judge.

Article 729 1 If the sea-labour contract is in the journey and the journey begins or not as a result of force majeure, after they started, is discontinued, ends the sea-employment contract. In the latter case the seafarer has a right to compensation equal to the in the sea-employment contract to time band set wage in money, until he in the country of his domicile or habitual residence may have returned or he earlier work has found.
2 paragraph 1 shall also apply if the seafarer are only tied has on board a sea-going vessel service determined to do and also as the sea-faring this sea-going vessel, not at the travel contract is entered into.

Article 730 If the sea-labour contract is in the journey and the journey through the fault of the ship administrator does not begin or after they started, is discontinued, ends the sea-employment contract. In those cases the seafarer has a right to damages equal to the amount of the wage laid down for the trip.

Article 731 the employer is obliged within one month after the end of the service the seafarer on board a written statement. By collective agreement or arrangement authorized by or on behalf of a governing body may be a longer term be agreed.

Article 732 After the end of the journey, the seafarer, whose sea-employment contract is terminated, held for three working days on the request of the captain to format a ship's declaration referred to in Article 353 of the commercial code. The employer is obliged to pay compensation for these days equal to the in the sea-employment contract to time space in part of that wage laid down money, as well as the costs of maintenance and, if necessary, by night.

Article 733 The captain who are sea-labour contract, while the sea-going vessel is conducted by him on travel, is obliged to take the measures, which in this context are necessary for the safety of the sea-going vessel, the persons on board and the business on board, under penalty of damages.

The sick seafarer Article 734 The seafarer who related to incapacity due to illness, pregnancy or childbirth is unable to work the stipulated, shall retain his entitlement to the full wage as long as he is on board.

Article 1 the seafarer referred to in Article 734 734a, has to his recovery right to decent nursing and medical treatment.
2 However, this right is not to: (a) the seafarer who is subject to obligatory insurance on the basis of the Health Insurance Act, as long as he stays in Netherlands;
(b) the seafarer who resides in the country in which he is domiciled or habitually resident.
3 the right ends, if the seafarer has returned or has been able to return to the country where he has his domicile or habitual residence.
4 On the claims, which the seafarer has under this article, the claims under the law long-term care be deducted.

The seafarer referred to in article 1 article 734b 734, which is insured under the sickness benefits act or to whom any corresponding legislation of a Member State of the European Union, has, by way of derogation from article 629 (1) for a period of twelve weeks right to 100% of the wage, referred to in article 629 (1) if he is left in nursing outside the country where he has his domicile or habitual residence.
2 the right to payment of 100 percent of the wage ends as soon as the seafarer can obtain appropriate employment and providing has returned or has been able to return to the country where he has his domicile or habitual residence.

Article 734c for the calculation of the period of 104 weeks, referred to in article 629 (1), the period referred to in Article 734, in which the seafarer is on board and the sick in 734b article paragraph 1 shall be taken into account.

The seafarer referred to in article 734d article 1 734, which is not insured under the sickness benefits act and on whom not a corresponding legislation of a Member State of the European Union, has, for as long as it has not been restored and regardless of the persistence of the sea-employment contract, for a maximum of 52 weeks, right to 80 per cent of the wage in money to time space , that he enjoyed when he became ill, increased by the order in Council fix worth of other wage components.

2 The 52 weeks period referred to in paragraph 1 is in: a. If the seafarer becomes sick, while he is not on board a sea-going vessel is employed, on a day when he gets sick;
b. If he gets sick, while on board a sea-going vessel is employed, on a day when he ashore in nursing is left behind or that he, not yet recovered, with the sea-going vessel comes back. He is nursing left outside the country where he has his domicile or habitual residence, then the payment of 80 percent during the first 12 weeks increased to 100 percent.
3 the benefit, referred to in the last sentence of the second paragraph, ends when the seafarer can obtain appropriate employment and providing has returned or had can return to the country where he has his domicile or habitual residence.
4 If the disease is a result of wilful misconduct of the seafarer, the wage claim be forfeited or reduced.

Article 1 The 734th seafarer referred to in article 734d, which gets an accident in connection with his sea-labour agreement, regardless of the continuation of this agreement, entitlement to benefits and facilities in accordance with the provisions of articles 734f to 734k. If the seafarer dies as a result of the accident, this is going right over on his survivors, referred to in article 674 (3).
2 for the purposes of the previous paragraph, and articles 734f to be 734j with an accident related to the sea-the employment contract shall be treated as diseases, which appear on an order in Council to fix list of diseases, if the seafarer who has received disease related to the sea-employment contract. The disease is, unless the contrary shall be deemed to be related to the sea-employment contract, if they did during the contract of employment or within a time limit to be fixed order in Council after the end of the employment contract.
3 The equality referred to in paragraph 2 shall not apply if the seafarer without proper soil referred to in that paragraph in respect of disease to undergo a prophylactic treatment has refused or has failed to subject themselves to such a treatment, although free of charge opportunity him to do so.

Article 734f 1 the seafarer referred to in article 734d, after the end of the period referred to in article 734d of 52 weeks, in case of temporary incapacity to work, whole entitlement of 70 percent of his pay and, in the case of temporary partial incapacity to work, on a benefit at the height of a lost ability to work in relation to the standing part of 70 percent of his wages.
2 The allowance referred to in the first paragraph ends with effect from the day when permanent total or partial incapacity to work, or, if the temporary total or partial incapacity to work continues, at the latest of the day, located three years after expiration of the period referred to in article 734d of 52 weeks.
3 the seafarer referred to in article 734d, which on the day, located at the end of the period referred to in article 734d of 52 weeks, is unsuitable to work durably in whole or in part, or within three years after that day is unfit to work durably in whole or in part, or on the day located three years after such day, still unfit to work temporarily in whole or in part has the right to maternity lump-sum grant of three times the payment for a year, calculated to the benefit, which he entitled before the last day, on which that law. As of the day when all of a sudden a person concerned to benefit as referred to in the preceding sentence, no rights in respect of the accident can be derived from the 734th articles to 734k.
4 for the purposes of the preceding paragraphs is deemed inappropriate to a seafarer in whole or in part, if he as a result of an accident as referred to in article 734th has become unsuitable to work in whole or in part, that for his forces and competencies is calculated and used for the purpose of his education and job can be reasonably assigned to him.
5 If the seafarer referred to in article 734d, not the cooperating, reasonably required of him to regain his health or his working ability, in so far as such by accident as referred to in article 734th are impaired, to estimate the degree of incapacity to work, referred to in the previous paragraphs, the State can be taken into account , which would likely have arisen, if that cooperation would be fully granted.

Article 734g 1 the seafarer referred to in article 734d, in respect of an accident as referred to in article 734th by the day of the accident off right to medical treatment or compensation therefor, if he resides in or has been able to return to the country, where he has his domicile or habitual residence, until the day, located three years after expiration of the period referred to in article 734d by 52 weeks and without prejudice to the provisions of the last sentence paragraph 3 of article 734f. Medical treatment is understood under providing art resources, where these can promote its suitability to work or to improve its living conditions can contribute, as well as the teaching of the use of that art resources.
2 by order in Council rules can be set with regard to the provisions of this article.

Article 734h without prejudice to article 1 have the survivors, referred to in article 674 734th (1) is entitled to a maternity lump-sum grant, which shall be: a. for the one, with whom the deceased at the time of the accident was married or in a registered partnership was entered into: three times the payment for a year, calculated to 30 percent of the wages of the deceased;
b. for each child or stepchild under the age of eighteen years: three times the payment for a year, calculated to 15 percent and, if this child is no parents or other family, calculated to 20 percent of the wages of the deceased;
c. for the one, with whom the deceased family lived at the time of the accident and in whose cost of existence he largely provided for, not falling under a or b: three times that which he in the rule over a year contributed to his livelihood, but not more than three times the payment for a year, calculated to 30 percent of the wages of the deceased , on the understanding that, if the person concerned is under the age of eighteen years, not paid out more than he as a child of the deceased would have received.
2 The benefits referred to in the first paragraph shall together not exceed three times the payment for a year, calculated to 60 percent of the salary of the deceased. The persons referred to in paragraph 1, point (c) only have right to a benefit, if the persons referred to in (a) and (b) of that paragraph, all have received their full allowance. If the persons referred to in paragraph (a) and (b) together would receive a benefit of more than three times the payment for a year, calculated to 60 percent of the wages of the deceased, undergoes a proportional reduction in each of these benefits.
3 for the purposes of this article and article 734th is the provisions in or under article 8 of the surviving dependants Act shall apply mutatis mutandis.

Article 734i At order in Council can rules to prevent or limit the overlapping of benefits or facilities referred to in articles 734d to 734h and 734 with benefits or facilities from other basis.

Article 734j Under wage of the seafarer shall be for the purposes of articles 734f and 734h means the to time band in wage, money that he enjoyed to the accident, referred to in article 734th, took place, increased by the order in Council fix worth of other wage components. Set it to time space in which money wages exceed an amount to be determined by order in Council, is not taken into account.

Article 734k 1 if a purpose by Our recognized association with full legal capacity is established, the employer is to ensure to the seafarers referred to in article 734d and their survivors from the obligations under articles 734d to 734j legally affiliated with that Association.
2 In the case referred to In the first paragraph, the employer and the Association referred to in article 734d jointly and severally connected opposite the seafarers and their survivors and are the employer and the administrator jointly and severally connected opposite the ship Association for the fulfilment of the obligations under articles 734d to 734k.
3, at its request, an association can be recognized as an association referred to in paragraph 1, if it satisfies the following requirements: a. that it set up is, in our view, by one or more representative organizations of employers and one or more representative organizations of seafarers in our view, whether or not accompanied by one or more employers;
b. that they do not aim to make a profit.
4 for the recognition referred to in the third paragraph does not qualify more than one association.
5 the articles of Association of the Association referred to in the first paragraph must contain such provisions, that: a. the Board for half is made up of representatives of the employers and the other half from representatives of the seafarers;

b. the joint employers ' representatives in as many votes as the joint meeting representatives of the seafarers;
c. the cost of the resulting from articles 734d to 734k obligations in relation to the seafarers referred to in paragraph 1 and their survivors, as well as the costs related to the formation and maintenance of a reserve, be apportioned among the employers per year in proportion to the wage, which in that year was paid to the seafarers , where wage is defined as pay within the meaning of Chapter 3 of the law financing social insurance.

Article 734l 1 After his recovery, the seafarer, regardless of the persistence of the sea-employment contract, the right to a benefit, equal to the time band in money to set wage, that he enjoyed when he became ill, if he in nursing has been left outside the country where he has his domicile or habitual residence and elsewhere than at the place where he stood when he the sea-employment contract with the employer.
2 the seafarer has also right to housing and nutrition.
3 The rights referred to in paragraph 1 and 2 end up as soon as the seafarer can obtain appropriate employment and providing has returned or has been able to return to the country where he has his domicile or habitual residence or the place where he stood when he has entered into the contract of employment with the employer.
4 If the disease is a result of wilful misconduct of the seafarer, the benefit referred to in paragraph 1 shall be forfeited or reduced.

Article 734m 1 article 93, introductory wording and point (c) of the code of civil procedure shall apply to all claims pursuant to articles 734d to 734k by or against the seafarers referred to in paragraph 1 of article 734k or their survivors brought against or by the Association referred to in that paragraph.
2 each clause contrary to any provision of this article or article 734k is void, except that parties may agree to a claim as referred to in paragraph 1 to submit to arbitration.

The temporary worker on board a sea-going vessel active Article 735 On the employment contract of the employee who usually labor carried out ashore 702, 703, 704, articles (2) 709, 711, 720, 725, 732 to 718, 734 to 734c, 734m and 738 734th to apply mutatis mutandis, if and for as long as he labor during the trip on board a sea-going ship.

The employment contract governed by foreign law Article 736 1 On the employment contract of a seafarer who is committed to work on board a sea-going vessel and whose employment contract is governed by foreign law, articles 697, 699, 712, 714 702 to 729, 731, to 725, 732, 734, 738 734a, 734d to 734l and shall apply mutatis mutandis.
2 On the employment contract of an employee who usually labor ashore and whose employment contract is governed by foreign law 702, 703, 704, articles 705, 709, 711, paragraph 2, 718 to 725, 732, 734, 720, 734d to 734l and 738 734a, apply mutatis mutandis, if and for as long as he labor during the trip on board a sea-going ship.

Obligations of the administrator Article 737 ship articles 718 to 720 shall apply mutatis mutandis to persons who, otherwise than under a contract of employment and irrespective of the applicable law, activities on board a sea-going vessel, except that for «employer» is replaced by the following: ship's administrator.

738 The ship article administrator is liable for the fulfilment of the articles 706 to 709, 717 to 720, 734 to 734l, if the employer to comply with the obligations thereof been convicted irrevocably and not to comply with.

Section 12A. Article 739 the seafarer in the fisheries In this section, the following definitions shall apply: a. sea fishing: the professional exercise of the sea fishing at sea;
b. coastal fishing: coastal fisheries within the meaning of article 1, paragraph 4, point (c) of the Fisheries Act 1963;
c. labour agreement in the sea fishing: the sea-employment contract that is entered into in the framework of sea fishing;
d. guaranteed wage: the to time band set wage that is owed by the employer instead of wage containing or consisting of a share in the catch or the proceeds thereof, if the latter wage lower than the former wage.

Article 740 1 On the employment contract of the seafarer in sea fishing are sections 1 to 9 and 11 and 12 of this title shall apply, insofar as they do not deviate from this section. 708, 715 and 717 articles do not apply to the employment contract in sea fishing.
2 On the contract of employment of the seafarer in the coastal fisheries are sections 1 to 9 and 11 of this title shall apply.
3 of article 741 of this section may not be derogated from.
4 of article 745 of this section may not be to the detriment of the seafarer in sea fishing.

Article 741 the employer and the seafarer in sea fishing, whose wage consists of a share of the catch or the proceeds thereof, a guaranteed wage.

742 Article 699 under article 6 applies to seafarers in the sea fishing provided that, in so far as laid down in the money wage consisting of a share in the catch or the proceeds thereof, the agreed guaranteed wage and method of calculation of the share of the seafarer in the proceeds of the catch.

Article 743 1 in respect of the seafarer in sea fishing, whose wage consisting of a share in the catch or the proceeds thereof, may, by collective agreement or arrangement made by or on behalf of a duly authorised a derogation from article 623 (2) governing body, on the understanding that the period at the end of which the wage must be met no longer than three months.
2 Is to the seafarer referred to in the previous paragraph, a deposit paid as referred to in article 624 (2) than the seafarer has no claim against the employer if the person referred to in article 707 amount transferred exceeds owes to the seafarer.

Article 744 Article 709 does not apply in respect of the seafarer in sea fishing whose wage consists of a share of the catch or proceeds.

Article 745 For the seafarers in sea fishing, whose wage consists of a share of the catch or the proceeds thereof, for the purpose of: a. the articles 719 (3) 732, 734, 734d, 734f, 734h, 734j, 734b and 734l for them at under wage means the amount fixed by order in Council, and (b).
under Article 729 (1) wage means the guaranteed wage.

Title 12. Contracting of work section 1. Adoption of work in general Article 750 1 adoption of work is the agreement in which one party, the contractor, towards the other party, the client, connects to outside employment to create a work of physical nature and, at a price to be paid in cash by the client.
2 contains the consideration not or not entirely in money, then find this title shall apply, as far as the nature of the consideration are not resistance.

Article 751 The contractor is competent to do the work under his direction by others, and also the lead parts to others, without prejudice to its liability for the proper performance of the agreement.

Article 752 1 if the price is not determined at the conclusion of the agreement or only an indicative price is determined, the client a reasonable price due. In determining the price, account shall be taken of the by the contractor at the time of the conclusion of the agreement and with the prices stipulated by him usually in respect of the probable price expectations.
(2) If a target price was determined, will this indicative price with no more than 10% may be exceeded, unless the contractor the client as early as possible for the probability of a further overrun has warned, to give him the opportunity to give to reduce or simplify the work. The contractor will, within the limits of the reasonable to such restriction or simplification must participate.
3 paragraph 2 shall apply mutatis mutandis to adoption of work where the price is subject to the agreement of the estimated time for the implementation of the work.

Article 753 1 if, after the conclusion of the agreement circumstances arise or come to light without cost increasing that this can be attributed to the contractor, the Court upon application of the contractor the agreed price can adapt in whole or in part, to the cost increase, provided that the contractor in determining the price didn't take the chance in such circumstances require.
2 The contractor shall adjust the price without the intervention of the judge, if the cost increase is the result of incorrect information provided by the client which are important for the pricing, unless the contractor the inaccuracy of the data before the price had belong to discover.

3 paragraphs 1 and 2 shall apply only if the contractor the client as soon as possible for the need of a price increase has warned in good time so that they can make use of either the right granted him in article 764, either a proposal can do to reduce or simplify the work.

Article 754 The contractor when entering into or performing the agreement shall oblige the customer to warn about inaccuracies in the command as far as he knew or reasonably ought to know this. The same applies in case of defects and unsuitability of matters submitted by the client, including the land on which the client a work, as well as errors or defects in provided by the client plans, drawings, calculations, specifications or implementing rules.

Article 755 desired by the client In case of additions or changes in the agreed work can the contractor only then an increase of the price, the client in a timely manner when he has highlighted the need for a resulting price increase, unless the client that need by itself should have understand. Of this provision cannot be derogated from to the detriment of the client, except in the case of a standard scheme referred to in article 214 of book 6.

Article 756 1 If already before the stipulated time of delivery probably is that the work will not be delivered on time or properly, the Court may at the request of the client the agreement fully or partially dissolve.
(2) if already before the delivery probably is that the client not on time or properly will meet its obligations, or that the contractor will not be able to perform the contract as a result of a circumstance that cannot be attributed to him, the Court may upon application of the agreement the contractor terminate in whole or in part.
3 The Court determines the consequences of the dissolution; He can do the dissolution also depend on conditions to be laid by him.

Article 757 1 Is impossible the execution of the work because the case which or to which the work should be performed, cancelled out or lost without this can be attributed to the contractor, then the contractor shall be entitled to a proportionate part of the price set on the basis of the work already performed and costs incurred. In cases of intent or gross negligence on the part of the client, the contractor is entitled to an amount calculated in accordance with the provisions of article 764 (2).
2 Was the case, however, in the case referred to in the previous paragraph, under the contractor, then the client to any compensation, unless the destruction or lost touch on its debt was due, in which case the previous paragraph without prejudice to application finds.

Article 758 1 if the contractor has indicated that the work is ready to be delivered and the client approves the work within a reasonable period of time and whether or not subject to accepts or refuses under indication of the defects, the customer shall be deemed to have accepted the work tacitly. After acceptance the work is deemed to have been completed.
2 after delivery is the work for the risk of the customer. Therefore, he remains the price due, regardless of destruction or deterioration of the work by a cause which is not attributable to the contractor.
3 The contractor is released from the liability for defects which the client reasonably should have discovered at the time of delivery.

Article 759 1 if the work after delivery defects for which the contractor is liable, the sponsor should, unless in connection with the circumstances can be taken from him, not to the contractor the opportunity to eliminate the deficiencies within a reasonable time, without prejudice to the liability of the contractor for damage caused by the defective delivery.
2 the client may request the contractor takes away the defects within a reasonable period of time, unless the cost of recovery in no would be disproportionate to the importance of the client in recovery instead of compensation.

Article 760 1 the effects of a faulty performance of the work, which is due to defects or inappropriateness of materials used by the contractor or tools, shall be borne by the contractor.
2 Is the inadequate implementation however due to defects or unsuitability of matters submitted by the client, including the land on which he a work, then come the consequences to his account, to the extent that the contractor are not referred to in Article 754 mandatory warning has violated or otherwise relating to these defects in expertise or care has failed.
3 paragraph 2 shall apply mutatis mutandis in the event of errors or defects in provided by the client plans, drawings, calculations, specifications or implementing rules.

Article 761 1 Each action for deliverables shall become statute-barred by a defect in the course of two years after the client has protested. If the client has set a time limit within which the contractor will be able to remove the defect, the limitation period only begins to run at the end of that term, or as much earlier as the contractor has expressed the defect will not recover.
2 the legal action shall become statute-barred in any case by over twenty years after the delivery in case of adoption of construction works and by the lapse of 10 years after the delivery in all other cases.
(3) if the legal action would be barred under the provisions of the previous paragraphs between the time the contractor to the client had informed the Chair that he had the defect will examine repair, and the time when he the research and attempts to repair apparently as terminated, the limitation period is extended in accordance with article 320 of book 3.
4 paragraphs 1-3 shall not affect the responsibility of the client to meet a claim for payment of the price are right to reduction thereof by partial dissolution of the contract or damages against.

Article 762 the liability of the contractor for known to him he has concealed, hidden defects which cannot be excluded or limited, nor can they be subject to shorter limitation period than that provided for in article 761. Concealment by the contractor with the leadership on the implementation of the work has taken charge, shall be treated in the concealment by the contractor.

Article 763 after the conclusion of the contract if the contractor dies or durable become disabled, each party can terminate the agreement, in so far as they are, given the nature of the agreement, to the death or the lasting disability can derive a reasonable interest upon termination. For the work already performed and costs incurred is the client a reasonable and having regard to all the circumstances to determine compensation.

Article 764 1 the client is at all times authorised to terminate the contract in whole or in part.
2 In case of such termination, he will have to pay the price for the entire work, minus the savings that result from the cancellation for the contractor, the contractor for the work already completed by delivery against work. If the price was set by the contractor depending on the actual costs, the price payable by the principal calculated on the basis of the costs incurred, the work she has done and the profit that the contractor over the entire work would have made.

Section 2. Special provisions for the construction of a House on behalf of a natural person not acting in the exercise of a profession or business Article 765 this section shall apply to contracting of work which aims at the construction of a House, consisting of a property or ingredient thereof, on behalf of a natural person not acting in the exercise of a profession or business.

Article 765 766 1 an agreement referred to in article is made in writing.
2 formatted certificate or a copy thereof between the parties must be made to the client, desverlangd against delivery to the contractor of a dated receipt. For three days after this hand delivery, the client has the right to dissolve the agreement. , After the client has made use of this right, between the same parties within six months to build the same House again an agreement, then no right again.
3 paragraphs 1 – 2 shall not apply if the agreement is to build a House on land which the client belongs, and the agreement not already with the sale of this land.

Article 767 the client can only be required to make the payments that, at least to approach, in line with the progress of the construction or with the value of the goods transferred to him, except that he can be stipulated that to ensure the performance of its obligations a sum not exceeding 10% of the contract price shall, in escrow deposit with a notary or replacement guarantee for this amount. The overpaid amounts unduly paid is considered.

Article 768


1 the client may, without recourse to article 262 of book 6 and without prejudice to the maintenance of his right to delivery, up to 5% of the contract price shall constitute the last period or last terms and this amount instead of to pay to the contractor, in escrow deposit at a notary public.
2 the notary shall deliver the amount in the power of the contractor after three months have elapsed from the time of delivery, unless the originator of the power granted in article 262 of Book 6 wish to use. In that case, the principal to the notary until the amount of the deposit must be maintained.
3 the notary brings the amount again in the power of the contractor as far as the client consent, the contractor replacement guarantee or at a ruling that binds the parties, decides that a depot is not or is no longer justified.
4 If the client is liable to pay compensation to the contractor because of the deposit referred to in paragraph 1 or by the contractor asked replacement guarantee, it is set at the legal interest rate referred to in article 119 of book 6. During the three months referred to in paragraph 2, it shall not be payable, even if no defects are detected.

Article 769 of this section and as far as necessary, for the purposes of article 768 of article 262 of book 6, cannot be derogated from to the detriment of the client, except in the case of a standard scheme referred to in article 214 of book 6.

Title 14. Bail section 1. General provisions Article 850 1 bail is the agreement in which one party, the borg, across from the other party, the creditor directs to comply with a commitment, that a third, the principal debtor, opposite the creditor has or will get.
2 for the validity of a bail is not required that the principal debtor knows this.
3 on bail are the provisions concerning roll-call commitments shall apply, insofar as in this title are not.

Article 851 1 the guarantee depends on the commitment of the principal debtor, for which it has been entered into.
2 bail can only be entered into for future commitments of the principal debtor, provided that they are sufficiently definable.

Article 852 1 defences which the principal debtor to the creditor has, can also be invoked by the borg, if they the existence, content or time of fulfilment of the commitment of the principal debtor.
(2) if the principal debtor is competent in the destruction of the legal act from which the commitment, a job on a ground to do and him by the guarantor by the creditor a reasonable period of time is specified in exercise of that competence, the deposit during that term jurisdiction to suspend the fulfilment of its commitment.
3 as long as the bevoegdelijk the principal debtor to the creditor waives compliance with its commitment, the deposit is also entitled to suspend the fulfilment of its commitment.

Article 853 By completion of the prescription of the action to comply with an undertaking by the principal debtor, the bail.

Article 854 Is an undertaking by the principal debtor to anything other than to pay a sum of money, the bail for the claim for compensation in money payable under breach of that commitment, unless otherwise stipulated.

Article 855 1 the deposit shall not be obliged to comply with before the main debtor in the performance of its commitment is fallen short.
2 that the principal debtor the creditor in accordance with article 82 of book 6 in the absence, at the same time, the deposit is required of this communication.

Article 856 1 the deposit is only statutory interest over the period during which he is in default, unless the principal debtor is in default under article 83 (b) of book 6.
2 The security deposit is held the cost of legal pursuit of the principal debtor, if he in good time by communication of intention to criminal proceedings has been allowed the opportunity to avoid these costs.

Section 2. Bail, entered into outside occupation or business Article 857 the provisions of this section apply to guarantees entered into by a natural person who, nor acted in the exercise of his profession or business, nor for the normal course of the business of a public limited company or private limited company, of which he driver is alone or with his fellow drivers the majority of shares.

Article 858 1 if the amount of the commitment of the principal debtor at the inception of the bail, the bail is not shown is valid only in so far as a maximum amount expressed in money is agreed.
(2) in accordance with article 856 interest and costs can be claimed regardless of this maximum.

Article 859 1 Opposite the deposit is the bail only by a proven writings signed by him/her.
2 the bail can be proven by all means, if it is established that the deposit all or part of an undertaking by the principal debtor.
3 for the proof of the agreement to enter into the bail required, applies the same requirement as set out in paragraph 1 and in the case of paragraph 2 the same freedom.

Article 860 the deposit is not bound, as far as for his commitment would apply more onerous conditions than those including the principal debtor is bound, except insofar as it concerns the way in which opposite the deposit proof of existence and extent of the commitment of the principal debtor.

Article 861 1 a bail that for future commitments, may: a. at any time be terminated, if they are not for a fixed period;
b. be terminated after five years, if it does for a certain duration.
2 after the termination takes the bail for the commitments already incurred.
3 a security deposit is not associated for future commitments for compensation for damage, for which the principal debtor to the creditor is liable, as far as the creditor could have prevented the damage by a surveillance as reasonably could be taken from him.
4 nor is it connected a deposit for future commitments from an act the creditor has done voluntarily, after he had become familiar with conditions that the possibility of story on the principal debtor have reduced significantly, unless the deposit Express with the legal act has agreed or this Act No reprieve could suffer.

Article 862 cannot be derogated from to the detriment of the deposit: a. articles 852-856 and 858-861;
b. by the commitments made by the creditor pursuant to article 154 of book 6 towards the borg has with a view to its possible subrogation.

Article 863 the provisions of this section shall apply mutatis mutandis to contracts where a person referred to in article 857 commits to a certain performance in case a third a certain commitment with a different content to the creditor fails to perform.

Article 864 1 If on behalf and for the account of someone referred to in article 857 in respect of an undertaking by another a bail or an agreement referred to in article 863 is entered into, the contractor for which he has paid to the creditor, no right to compensation against the client as far as this Division to its liability as guarantor would have stood in the way. Article 861 is between the client and the supplier shall apply mutatis mutandis.
2 of the first paragraph may be departed from only if this shall be expressed in signed writings by the client, in which the nature of the abnormality is defined, and it concerns a command to a bank or other institution which has its business of providing guarantees.

Section 3. The consequences of the bail between the main debtor and guarantor and between guarantors and debtors among themselves for the undertaking liable non-Article 865 On the legal relations between debtor and guarantor and that separate and mutually non-commitment liable debtors is article 2 of book 6 shall apply mutatis mutandis.

Article 866 1 The borg has for the entire amount he to principal, interest and costs to be met by the creditor has, under article 10 of book 6 a claim against the principal debtor.
2 The deposit may neither to article 10 or article 12 of book 6 derive a claim against the principal debtor for statutory interest on the period in which he has been in default by him personally regarding circumstances or for costs that concern him personally or by him were not reasonably be created.
3 has anyone is made in respect of the same commitment deposit for two or more severally connected hoofdschulden servants, then these by way of derogation from article 10 paragraph 1 and article 12 paragraph 1 of book 6, jointly and severally liable to the borg connected for what this to principal, interest and fees on them can stories.
4 from the legal relationship between guarantor and one or more hoofdschulden servants may be something else result than the members 1-3.

Article 867 the commitment is fulfilled if the deposit without the principal debtor thereof to do communication and then the creditor has, for its part, the principal debtor vis-à-vis the deposit paid sufficient to transfer to this by his claim because of undue payment on the creditor.

Article 868


A under article 10 of book 6 addressed the principal debtor defences that he at the time of the creation of the verhaalsvordering to the creditor had, also against the deposit; paragraphs 2 and 4 of article 11 of book 6 shall apply mutatis mutandis.

Article 869 whose debt is The deposit were redeemed, with analogous application of article 152 of book 6 it turned out part onverhaalbaar turn on themselves, his fellow guarantors and the non-debtors who were liable for the commitment.

Article 870 The achterborg that the guarantor's undertaking is met, for the purposes of exercising the story itself that the deposit, if the commitment was fulfilled, he himself would have had against the principal debtor or against fellow guarantors or non-debtors who were liable for the commitment.

Title 15. Settlement agreement Article 900 1 At a settlement agreement bind parties to termination or to prevent uncertainty or dispute about which law applies, towards each other between them to make a determination thereof, intended to also apply in so far as they are of the previously existing legal situation should be different.
2 the establishment can come into being pursuant to a decision of parties jointly or under a third dedicated to one of them or to a decision.
3 a proof agreement State with a settlement agreement right in so far as they are an exclusion of evidence to the contrary.
4 this title shall not apply to the agreement of arbitration.

Article 901 1 the emergence of the establishment is subject to the requirements to be fulfilled for the envisaged legal status, with the decision on the basis of that of which they may be different,.
2 each party is liable to the other required to do its part, which is needed to meet the requirements for the emergence of the adoption.
3 as far as these requirements can be met by a declaration of the parties or one of them, is this statement in the settlement agreement decided shall be deemed, unless the agreement otherwise.

Article 902 a determination on termination of uncertainty or dispute on property area is also valid if they conflict with imperative law should, unless they also to content or scope in conflict with morality or public order.

Article 903 a determination of what in the past has been in law, without prejudice to rights acquired by third parties by now.

Article 904 1 If bondage to a decision of a party or of a third party relating to content or method of creation, in the circumstances, to standards of reasonableness and fairness would be unacceptable, is that decision voidable.
(2) if the decision of a party or a third destroyed, void shows or not within a to that party or to set reasonable time to third is obtained, the Court may give judgment, unless the contract or the nature of the decision that they otherwise needs to be replaced.

Article 905 If a dissolution of a settlement agreement due to a failing in the fulfilment of an already established, to a party or a third dedicated decision would affect, can this dissolution not by a unilateral declaration, and the Court may reject her on the ground that the one her progresses, sufficient resources of the other party to obtain waiver of or compensation for the failure.

Find article 906 1 the provisions of this title shall apply mutatis mutandis, when a down her legal basis elsewhere than in an agreement.
2. Article 904 finds apply mutatis mutandis where one of the parties to a legal relationship or a third the power is given to the arrangement of the relationship to supplement or amend.
3 paragraph 2 does not apply to supplement or amend a decision of an organ of a legal person, if this decision under article 15 of book 2 fight with reasonableness and fairness is voidable.
4 paragraphs 1 and 2 shall not apply to the extent that the thrust of the provision in question as to the nature of the legal relationship is opposed shall apply mutatis mutandis.

Article 907 1 an agreement seeking to compensate for damage caused by an event or similar events, closed by one or more foundations or associations with full legal capacity with one or more other parties, who joined this agreement have committed to compensation for any such damage, by the judge at the joint request of these foundations, associations, and other parties are made binding to persons to whom the damage was caused the foundations or associations, provided that the interests of these persons pursuant to their articles of Association. Among people to whom the damage is caused also include persons who have a claim in respect of such damage under General or special title.
2 the agreement contains at least: a. a description of the event or the events to which the contract relates;
b. a description of the group or groups of persons on whose behalf the agreement is made, depending on the nature and severity of their damage;
c. as accurately as possible the number of people to this group or groups;
d. the fee to such persons;
e. the conditions that these people have to meet to be eligible for that reimbursement;
f. how the fee is fixed and can be obtained;
g. the name and address of the person to whom paragraphs 2 and 3 referred to in Article 908 written communication can be done.
3 The judge reject the application if: (a) the agreement referred to in paragraph 2;
b. the height of the expenses is not reasonable, taking into account the extent of the damage, the simplicity and speed at which the fees can be obtained and the possible causes of the damage;
c. insufficient sure is that from the rights of the persons on whose behalf the agreement has been concluded, can be met;
d. the agreement does not provide for the possibility of an independent resolution of disputes that may arise from the agreement by a person other than the judge who would be competent according to the law;
e. the interests of the persons on whose behalf the agreement is closed otherwise insufficient;
f. the foundations or associations not referred to in paragraph 1 are sufficiently representative with regard to the interests of those on whose behalf the agreement is concluded;
g. the Group of persons on whose behalf the agreement is made of insufficient size to justify a extension;
h. There is a legal person that the fees provided under the agreement, and this is not a party to the agreement.
4 the Court may before deciding the agreement with the agreement of the parties which supplement or amend the agreement or those parties with the opportunity to supplement or modify the agreement. The Court mentions the supplement or amend the decision extension.
5 the request referred to in paragraph 1, interrupt the limitation period of an action for compensation for damage against the people moving to the agreement have committed to compensation for any such damage. A new limitation period of two years begins to run with the start of the day following that on which a. is finally decided which remuneration is granted;
(b) the expiry of the period referred to in Article 908 (2) after an entitled, within that period, a communication referred to in that paragraph;
c. it is common ground that the request not to allocate irrevocably;
d. the agreement is cancelled in accordance with Article 908 (4).
6 the agreement may provide for a right to compensation under the agreement is void if not a owner of a fee within a period of not less than one year from the start of the day following the day on which he with the payment of his compensation has become known, claimed.
7 this article and articles 908 to 910 shall apply mutatis mutandis to agreements that for people who are disadvantaged by an event or similar events, create a right other than to claim performance referred to in paragraph 1 or in any other way to do a job on the agreement.
8 The persons on whose behalf the contract is concluded shall be competent to during the time that the request is pending and as long as it is not irrevocably decided, the fulfilment of commitments to suspend their resting on as far as the agreement provides for the termination of a dispute on this subject.

Article 908 1 as soon as the request for extension is assigned, the agreement referred to in Article 907, the persons entitled to compensation between parties and the consequences of a settlement agreement in which each of the creditors as a party.

2 the extension has no consequence in respect of an owner of a fee within a period to be determined by the judge of at least three months after paragraph 3 in article 1017 of the code of civil procedure of the decision notice provided for by a written communication to the in Article 907 (2) (f) person referred to had informed not bound to want to be. The Court may allow the parties who have concluded the agreement, that the creditors to be asked to a fee with the communication referred to in the first sentence to provide details. If the information referred to in the second sentence are not provided, or is incorrect or incomplete, the validity of that affects the communication referred to in the first sentence.
3 for a owner of a fee referred to in paragraph 2 notice is not with its damage could be known has a extension no consequence if he after the disclosure of his damage by a written communication to the in Article 907 (2) (f) person referred to had informed not bound to want to be. A party that has committed itself to the agreement for compensation for damage may be an owner of a fee referred to in the first sentence a period of at least six months in writing which this could let me know not to want to be bound. It shall also be notified of the name and address of the in Article 907 (2) (f) person referred to.
4 a term that a party to the agreement to the detriment of the persons entitled to a fee of a commitment after an extension is null and void, unless it frees the parties to whom an obligation to make good damage rest jointly power over not later than within six months by the Court referred to in paragraph 2 to be determined to cancel the contract on the ground that the extension for too few recipients to a fee affects or on any other ground specified in the agreement insufficient consequences. Termination takes place in that case by announcement in two newspapers and by a written communication to the Foundation or association referred to in Article 907 (1). The parties that have denounced the agreement shall ensure that it is notified in writing as soon as possible to the well-known persons entitled to a fee, which the parties can stick to the last known residences of the persons entitled to them a fee.
5 after the agreement binding the Parties explained that the agreement not rely on the rescission referred to in articles 44, paragraph 3 of book 3 and 228 of book 6, and can be an owner of a fee not rely on the ground referred to in article 904 of destruction (1).

Article 909 1 pursuant to the agreement taken A final decision on the fee that an owner of a fee, is binding. If, however, this decision, or the manner in which this has come about, to standards of reasonableness and fairness unacceptable, the courts have jurisdiction to decide on the reimbursement.
2 If a decision on granting a fee within a reasonable period of time to set is obtained, the courts have jurisdiction to decide on the reimbursement.
3 the Foundation or association referred to in Article 907 paragraph 1, after the agreement has been declared bound to fulfil its obligations in respect of a claim unless it is entitled to a fee opposed this.
4 The owner of a fee will receive no compensation under the agreement whereby he would get in a clearly advantageous position.
5 If the party or the parties, who joined the agreement have committed to the compensation of damage, to meet their obligations under the agreement by payment of an amount determined in the agreement, and the total amount of the fees due to an ample amount exceeds the total, be, after this has been found, the then relevant fees shall be reduced proportionately to the evolution of it still remaining amount. According to, inter alia, specify the nature and severity of the damage can in the agreement one of the exemptions in the first sentence of reduction. The payment of a fee payable can be suspended if still related to it in the first and second sentence certain reasonable grounds can be doubted what amount must be paid.

Article 910 1 Are in addition to the party or parties who joined the agreement have committed to the compensation of damage, other debtors jointly and severally liable, then article 14 of book 6 shall apply mutatis mutandis. Unless a different intention appears, the agreement is supposed to keep as a clause in that provision.
(2) if the party or the parties, who joined the agreement have committed to the compensation of damage, to have met their obligations under the agreement by payment of an amount determined in the agreement and after payment of the persons entitled to a fee a remnant is left over, can this party, or could these parties collectively, the judge who declared the agreement bound , requests for the one that these funds manages to recommend this remainder to that party or, in the case of more parties, to each party in proportion to everyone's contribution,. If the person who manages the funds is requested to recommend all or part of the remainder to be distributed, the judge reject the application if not enough plausible is that after payment of the entire balance all persons entitled to compensation are met or has insufficient plausible is that after payment of a part of the remainder all entitled to a fee can still be met. The judge may order that one or more experts will be posts about the request for the relevant points.

Title 17. Insurance section 1. General provisions article 925 1 insurance is a contract in which one party, the insurer, are opposed to the pleasure of premium to its counterpart, the policyholder, connects to one or more benefits, and at the conclusion of the agreement for parties no certainty exists, that, when or to what amount any benefit should be done, or also how long the agreed premium payment will last. It is either damage insurance or insurance sums.
2 Personal insurance is the insurance which the life or the health of a human being.

Article 926 1 Under benefit is included a performance other than cash.
2 In this section means the one entitled to the allowance in case of realization of the right to benefits under the insurance or risk by accepting the designation shall receive benefits can get.

Article 927 the provisions of this title shall not apply to reinsurance.

Article 928 1 the policy holder is required before the conclusion of the contract to the insurer to communicate all the facts that he knows or ought to know, and which he knows or ought to understand, the decision of the insurer or, and if so, on what conditions, he will want to close, depends on the insurance or can depend on.
2 when the interests of well-known third when entering into the insurance be covered, includes the obligation fixed in paragraph 1 concerning him facts that this fellow knows or ought to know, and which to this knows or ought to understand, the decision of the insurer depends on or can depend on. The previous sentence is missing application in personal insurance.
3 concerns a double insurance the risk of a known third party who has reached the age of sixteen years, includes the obligation to disclose facts concerning him that this fellow knows or ought to know and which he knows or ought to understand, the decision of the insurer depends on or can depend on.
4 The obligation to disclose does not concern facts that the insurer already knows or ought to know, nor facts, which do not lead to a less favourable decision would have led the policy holder. The policy holder or the third party referred to in (2) or (3) may not, however, claim that the insurer knows or ought to know if certain facts already on a specific question a incorrect or incomplete answer is given. Furthermore, no facts to which the notification obligation pursuant to articles 4 to 6 of the medical examinations Act in the cases referred to there is no medical research may be carried out and no questions may be asked.
5 the policy holder is only obliged to inform about his criminal past facts or about that of third parties, in so far as they are for cases within the eight years leading up to the conclusion of the insurance are gone and as far as the insurer in advance about that past expressly a question not for misunderstanding susceptible in terms.
6 If the insurance on the basis of a questionnaire drawn up by the insurer, not on occupations that questions had not been answered, or facts that had not been asked, not communicated or that a question contained incomplete in general terms has been answered, unless is acted with the intent to mislead the insurer.

Article 929


1 the insurer who discovers that defined in article 928 obligation to disclose is not met, the consequences only attention if he the policyholder within two months after the discovery on the non-compliance points indicating the possible consequences.
2 the insurer who discovers the policyholder acted with the intent to mislead or that came with him knowledge of the true state of affairs no insurance would have closed, the agreement with immediate effect within two months of discovery.
3 the policyholder can terminate the agreement with immediate effect within two months after the insurer has acted in accordance with paragraph 1 or join the creation of the risk of the non-fulfilment of the obligation to disclose invoking. At personal insurance can the policy holder the limiting termination to the person, whose risk recourse to the infringement.

Defined in article 928 930 1 article if the obligation to disclose is not met, only exists shall receive benefits in accordance with paragraphs 2 and 3.
2 the agreed payment is made in full, if not or incorrectly reported the facts of no consequence for the assessment of the risk, such as this has accomplished.
3 if in paragraph 2 are not fulfilled, but the insurer at knowledge of the true state of affairs a higher premium would have stipulated, or the insurance to a lesser amount would have closed, the benefit is reduced in proportion to what the premium would have more or less the insured sum amounts. Would the insurer at knowledge of the true state of affairs have set other conditions, then only of a benefit as these conditions were included in the agreement.
4 by way of derogation from paragraphs 2 and 3 is no payment due if the insurer at knowledge of the true state of affairs no insurance would have closed.
5 by way of derogation from paragraphs 2 and 3 is not a benefit payable to the policy holder or the third party referred to in article 928 (2) or (3) who has acted with the intent to mislead the insurer. Nor is a benefit payable to the third if the policy holder, with the intent to mislead, the insurer has not complied with the obligation to provide information concerning the third.

Article 931 the insurer cannot rely on the rescission referred to in articles 44, paragraph 3 of book 3 and 228 of book 6.

Article 932 1 gives the insurer as soon as possible a deed, polis called,, in which the agreement has been recorded. A policy that is formatted in a manner referred to in paragraph 1 article 156a of the code of civil procedure shall be provided with an electronic signature that satisfies the requirements referred to in article 15a paragraph 2 of book 3 of the civil code. The insurer is not required to issue a policy if the nature of the agreement and the policy holder on issue of off-label use justifies the policy has no interest.
2 On amendments to the agreement, paragraph 1 shall apply mutatis mutandis.
(3) If a certificate issued by an insurer is lost, he desverlangd against reimbursement of the costs of a new piece of evidence. If the documentary evidence bearer or order has been asked and at an insurance of business that tend to be traded by means of documents, the insurer as a condition for doing a distribution to the holder of a new piece of evidence require him by the holder during the time that the insurer can be forced to pay, security. A consent referred to in article 156a paragraph 2 of the code of civil procedure, as long as they are not is revoked, likewise on a new piece of evidence referred to in the first sentence.

Article 933 1 all communications to which the provisions of this title or the agreement the insurer lead, shall take place in writing. The insurer can stick to the last known place of residence of the recipient.
2 by order in Council of paragraph 1 can different rules governing the transmission of communications by electronic means. This can also rules governing the transmission of communications by electronic means to the insurer to which the provisions of this title or the agreement.
3 the nomination for a second member to establish under the order in Council is not done earlier than four weeks after the draft to the two rooms of the States-General of the Netherlands is submitted.

Article 934 the breach of the obligation to pay the first premium may lead to follow-up termination or suspension of the insurance contract or the cover, after the debtor after the due date indicating the effect of lack of payment is called upon to pay fruitless within a period of 14 days, commencing with the day following collection letter. The first sentence does not apply to the case referred to in article 83 of book 6.

Article 935 1 the insurer may what he is guilty of the debtor who is not entitled to payment of the premium is, set off with the same insurance, the premium payable for damages because of delay in the payment thereof and the rate referred to in article 96 (2) (c) of book 6. The first sentence should not apply in the case of insurance that bearer or order.
2 At an insurance against liability, the insurer may notwithstanding article 127, paragraph 2 of book 6 no other premium, damages and costs referred to in paragraph 1 against what he entitled to the benefit is guilty, than that in respect of the same insurance.

Article 936 1 has a person to the insurance contract between opposite the insurer to pay premium and costs as own fault connected, then the policyholder against the insurer fulfilled as far as the premium and costs borne by the intermediary or to this are met. The policy holder is to pay that premium and costs to the intermediary.
2 Is of a benefit, then the insurer desverlangd, regardless of rights of third parties, held them to the intermediary to pay as much as this pursuant to paragraph 1 of the policy holder has to be recovered. Is the policy holder is entitled to the benefit under the insurance contract, the insurer has the same obligation vis-à-vis other insurance with the same and the same intermediary.
3 the insurer which intends to do a benefit to a person other than the agent, calls on the latter to the amount within 10 days to give the policyholder pursuant to paragraph 1, that this has to be recovered. Where the intermediary is acting, it carries the insurer for the specified amount to him as much as possible. The insurer has it met or the intermediary within the time limit specified, then the insurer nothing quite to the other the benefit due to do yet.
4 paragraphs 2 and 3 are missing application: a. insurance that bearer or order, unless the policyholder is entitled to the payment;
b. mandatory liability insurance.
5 The second sentence in paragraph 2, certain regrets application: a. If the right to benefits on a property right within the meaning of article 229 of book 3, or a right referred to in article 283 of book 3;
b. at onverplichte insurance against liability.
6 when the intermediary is entitled to the benefit on behalf of the benefit received, he is entitled to the remuneration referred to in paragraph 1, second sentence, to offset what he is entitled to benefits to the guilty to the amount of paragraphs 2, 4 and 5 are from the resulting claims.

Article 937 The insurer that a benefit does to the intermediary, is liable to the extent that what he done to benefit entitled to make payment to the creditor owes to the latter is met, but at all events entitled to insofar as the benefit by the benefit payment to the intermediary.

Article 938 1 subject to cases of intent of the policy holder or the third party referred to in article 928 (2) or (3) in order to mislead the insurer is no premium is payable if no risk is run. If a full year of insurance no risk, no premium for that year is due. The insurer has the right to obtain an equitable remuneration of the dependant come costs.
2 for one month after expiration of a full insurance year in which no risk, either party may the agreement with effect from the new year of insurance. This notice has no legal force, if risk is run between the start of the new year of insurance and the cancellation.
3 Is just walked on a smaller number of business or risk a smaller quantity than was insured, then paragraphs 1 and 2 shall apply as far as no risk is run.

Article 939 except for termination because of intent to mislead the insurer, at the current premium to equity reduced interim termination.

Article 940 1 notice towards the end of a period of insurance in order to prevent extension of the agreement, a period of two months is taken into account.

2 The policyholder and, unless it is a double insurance, the insurer may have an agreement that is entered into for a period exceeding five years, or for such a period is extended by the end of each fifth year, cancel within that period. In particular the period referred to in paragraph 1.
(3) if the insurer has the power to cancel the agreement stipulated, the policy holder is a equal power. Unless acted with intent to deceive is against him, the insurer takes the policy holder a period of two months. If an insurance coverage against damage caused by risks referred to in article 3:38 of the law on financial supervision, can, in the achievement of such a risk or a threat of imminent are respectively the policyholder, the insurer by way of derogation from that period of two months, the agreement with due observance of a period of seven days. The insurer may only cancel on grounds provided for in the interim agreement of such a nature that bondage to the agreement is not more of the insurer may be taken.
4 If the insurer the terms of the agreement to the detriment of the policyholder or the policyholder is entitled to the benefit change, shall be entitled to cancel the contract by the day on which the change takes effect and, in any case, for one month after the change has been communicated to him.
5 the insurer may not terminate or modify a personal insurance on the basis of increased health risk, as far as that is located in the person of the party, which the insurance is concerned.
6 the policy holder may cancel the agreement by electronic means. In order in Council can rules governing the sending of denunciations by electronic means.
7 the nomination for a sixth member to establish under the order in Council is not done earlier than four weeks after the draft to the two rooms of the States-General of the Netherlands is submitted.

Article 941 1 once the policyholder or the beneficiary to benefit of the creation of the risk is aware, or ought to be, he is obliged to report the achievement to the insurer. This shall be done as soon as reasonably possible.
2 The policyholder and the beneficiary are required within a reasonable period of time to pay the insurer to provide all information and documents which are important for its benefit for this duty.
(3) If an obligation to make payment by the owner referred to in paragraphs 1 or 2 has failed, the insurer may reduce the benefit with the damage he suffers as a result.
4 The insurer can the expiry of the right to benefits for failure to fulfil an obligation referred to in paragraphs 1 and 2 only terms in case he thereby in a reasonable interest is impaired.
5 the right to benefits is void if the policyholder or the beneficiary to pay a liability referred to in paragraphs 1 and 2 has failed with the intent to mislead the insurer, except insofar as this deception does not justify the forfeiture of the right to benefits.

Article 942 1 a legal claim against the insurer to doing a benefit shall become statute-barred three years from the start of the day following that on which the entitled to make payment with the payment thereof.
2 the period of limitation shall be interrupted by a written notice, which benefit is claimed. A new limitation period of three years begins to run with the start of the day following that on which the insurer either the claim recognizes, unequivocally has communicated the claim either.
3 at insurance against liability is the limitation period by way of derogation from paragraph 2, first sentence, interrupted by every negotiation between the insurer and the person entitled to benefit or to the injured party. In that case, begins a new limitation period of three years to run with the start of the day following that on which the insurer recognises the claim or unambiguously either to the person with whom he is negotiating and, where another is entitled to the benefit, had informed the Chair that he breaks off the negotiations.

Article 943 1 931, 932, 935 of the articles (2) 936 and 939 can not be derogated from.
2 of 933 articles, first paragraph, first sentence, 937, 940 paragraphs 1, 3, 5 and 6, paragraphs 1, 2, 4 and 5 941 and can 942 not disadvantage the policyholder or the beneficiary be permitted to benefit.
3 of the articles 940 928 to 930, 934 and (2) and (4) may not disadvantage the policyholder or the beneficiary be permitted to benefit if the policy holder is a natural person and he the insurance other than in the exercise of a profession or business.

Section 2. Non-life insurance life insurance is the insurance Article 944 seeking for compensation for asset damage that the insured could suffer.

Article 945 insured In this section means the one in case of damage incurred by him under the insurance is entitled to compensation or by accepting the indication right to compensation.

Article 946 1 The agreement covers only interests of the policyholder, unless otherwise agreed.
(2) If pursuant to a marriage or registered partnership a matter in a community, are at an insurance of that case the share enjoyed for their sake insured.

Article 947 the policy holder can the designation of a third party to whom an allowance should be done in case of damage, only revoked with the cooperation of the insurer or of the third. With regard to an already cases damage can the policyholder and the insurer the indication not joint.

Article 948 1 in case of transfer of a case or a limited right to which a matter is subject, the rights and obligations under the insurance that the importance of the transferor in the preservation of the case covers, with the risk of the purchaser, whether or not the risk all for the transfer. The same applies for additional insurance on the same agreement. No transition takes place if this arises from the legal act by which the goods are transferred, or from a statement by the new interested party to the insurer.
2 the agreement expires one month after they passed on the new insured is within that period to the insurer, unless it declares the agreement to continue. In this case, the insurer within two months after the Declaration is made, the agreement with due observance of a time limit of one month.
3 Premiums appeared before the new insured has declared to continue the agreement, exclusively by the policy holder.
4 in paragraph 2 does not lead to The extension of the duration of the agreement nor to limit the right to terminate other.
Miss 5 paragraphs 1 to 4 apply if the purchaser designates as the third, the insurance referred to in article 947.

Article 949 At the assurance referred to in article 932 (3), second sentence, the holder of the policy issued by the insurer or another piece of evidence as the insured, provided that the insured interest in him. Articles 253 paragraph 2 of book 6, 947, 948 and 950 missing here application.

Article 950 if the policy holder dies, his heirs and the insurer within nine months after the agreement with this death have become subject to a time limit of one month. When the estate of the policy holder pursuant to article 13 of Book 4 is distributed, the competence of the heirs, referred to in the preceding sentence, to his spouse or registered partner.

Article 951 the insurer will not pay for costs incurred damage to an insured thing if that is caused by the nature or a lack of that case.

The insurer will reimburse article 952 no damage to the insured person who has caused the damage with intent or by recklessness.

Article 953 If an insurance against liability certain recognitions by the insured, has no violation of that prohibition result as far as the recognition is correct. A ban on the recognition of facts has never result.

954 1 Article If in case of a liability insurance the insurer pursuant to article 941 the creation of the risk is reported, the injured party may desire, that if the insurer of a benefit, the amount that the insured person thereof in respect of the damage suffered by the injured party to claim by death or injury has, to him is paid.
2 the injured can require this payment without notification if the insured was a legal entity that has ceased to exist and the obligation to compensate the damage of the injured not on another.
(3) if the injured party has not yet exercised option referred to in paragraph 1, the insurer only liberating to the insured pay after he has asked in vain the injured party within four weeks whether he wishes to exercise this privilege, or if it has renounced them.
4 the insured is not entitled to the detriment of the injured about his claim against the insurer, to the extent that such claim damage from death or injury, nor is this claim to the extent that for others than the injured exempt.

5 as far as the insurer in connection with exceeding a insured sum is held to less than the amount for which the insured is liable, is allocated in proportion to the benefit due to the damage of each of the victims and injured parties, in so far as they are concerned with both damage caused by death or injury if other damage, damage to distinguish this species. Nevertheless, the insurer who, unfamiliar with the existence of claims by other injured parties, in good faith to a disadvantaged or the insured a larger amount than it has paid to this share, vis-à-vis the other injured parties only held to the course of the remainder of the insured sum. The payment to the injured parties may be suspended in so far as related to it in the first sentence certain reasonable grounds can be doubted what amount must be paid.
6 the injured who are in respect of damage caused by death or injury, a legal action brought against the insurer is only entitled to do so if he ensures that the insured is called into question in a timely manner. This exception in the case referred to in paragraph 2.
7 paragraphs 1 to 6 are missing application as far as the injured has been made or harmless as far as him by law against the insurer a private right to compensation is awarded.

Article 955 1 the insured sum is the highest amount of compensation that the insurer to benefit as a result of the same incident may be required, subject to the certain article 959.
2 by a benefit referred to in paragraph 1, the sum insured is not reduced.

Article 956 a building is to his reinstatement, and other issues are to their replacement value insured. Replacement cost is the amount required for getting to the kind, quality, quantity, condition and age equivalent business.

As soon as the policyholder or the insured article 957 1 of the creation of the risk or the imminent are aware of is, or ought to be, each of them, as he has been obliged to take all measures within reasonable limits, that can lead to preventing or reducing the damage.
2 the insurer will reimburse the cost of taking the measures referred to in paragraph 1, and the damage to property that are deployed.
3 If the insured has not complied with the obligation laid down in paragraph 1, the insurer may reduce the benefit with the damage he suffers as a result.

Article 958 1 there is total loss, when a case: a. is extinguished, b. so damaged that she has ceased to be a matter of the insured kind, or c. outside the control of the insured is hit and herkrij did not is to be expected.
the insurer will reimburse the value 2 to total loss of the insured interest in the case.
3 the insurer in the case of paragraph 1 (c) met its obligation and it is then possible to recover, then the insurer at the discretion of the insured person entitled to a refund of the fee or on transfer of the case.
4 the insurer will reimburse in the event of insurance against replacement, reconstruction or replacement value in the case of partial damage chooses either the cost of recovery and the depreciation to sales value despite recovery, either the insured value of the undamaged case minus the sales value of the remnants.
5 If the amount of the insurance sum is lower than the value to the damage calculation, the compensation is reduced in accordance with paragraphs 2 and 4 in proportion to which that amount is less than the value.

The compensation referred to in article article 959 1 957 and the reasonable costs to establish the damage created, shall be borne by the insurer, even if thereby, together with compensation for damage, the insured sum be exceeded.
(2) if the basis of the insurance to the calculated value of the undamaged case is not fully insured, the compensation referred to in article 957 958 member only with application mutatis mutandis of article 5 shall be paid by the insurer.

Article 960 the insured will receive no compensation under the insurance whereby he would get in a clearly advantageous position. The previous sentence is missing application in the case of prior appraisal of the value of a case came about under a dedicated to an expert decision or pursuant to a decision of the parties in accordance with the opinion of an expert.

Article 961 1 If the same damage is covered by more than one insurance, the insured person with regard to the provisions of article 960 each insurer. The insurer is authorized the performance of its obligation to compensate the other suspend until the insured insurance.
2 for the purposes of paragraph 1, with damage that is covered by insurance, be treated as damage caused by the insurer voluntarily will be reimbursed.
3 The insurers have among themselves so that each story carries his part, in proportion to the amounts for which any person may be addressed separately. Insurers have mutual story on an equal footing for their reasonable costs to establish the damage, as well as for their reasonable costs of defense in and out of court. The insured is liable to the insurers separately required to refrain from any conduct that at the expense of this affects their mutual story.
4 at the same insurance insurers concerned are not further liable than for their proportional share of what in total at the expense of that insurance.

Article 962 1 if the insured in respect of damage suffered by him other than from insurance compensation claims on third parties, those claims by way of subrogation on the insurer about as far as this, whether or not compulsory, that damage. The insured must, after the risk has accomplished, refrain from any conduct which those third parties to the right of the insurer against prejudice.
2 The insurer can claim in which he is subrogated, or that he has obtained by transfer, not to the detriment of the right to compensation of the insured.
3 the insurer gets no claim against the policyholder, a fellow insured, the non-separated spouse or registered partner of an insured person, the other partner of an insured person, nor on the relatives in the direct line of an insured person, on an employee or the employer of the insured, or the one at the service to the same employer as the insured. This rule does not apply to the extent that such a person is liable vis-à-vis the insured due to a circumstance that would have done to the benefit, if that circumstance would be attributable to the insured person.

Article 962 963 1 960 articles and (2) and (3) first sentence, cannot be derogated from.
2 of article 953 cannot be derogated from to the detriment of the insured.
3 the second sentence of article 947, cannot be derogated from to the detriment of the third.
4 of article 954 cannot be derogated from to the detriment of the injured party.
5 of article 957 paragraph 2 may not disadvantage the policyholder or the insured be derogated from.
6 of article 959 paragraph 1, not to the detriment of the policyholder or the insured be permitted to the extent that the costs referred to in this paragraph shall not exceed the amount equal to the sum insured and the policyholder is a natural person who the insurance other than in the exercise of a profession or business has closed.

Section 3. Sums of insurance § 1. General provisions article 964 sums of insurance is the insurance which the indifferent is whether and to what extent the benefit compensation. She is only allowed in personal insurance and insurance carried on to do so by order in Council, as necessary to establish this within limits, are appropriate.

In this section, the following definitions shall apply article 965 insured: the person on whose life or health insurance; under beneficiary: the person who is designated to receive a benefit. Under benefit, the amounts referred to in articles 2, paragraph 2, 980 978 981 and 983 Member understood.

Article 966 1 the policy holder may by written notice to the insurer: a. themselves or, whether or not in addition to himself, one or more third parties as a beneficiary designation, either as main owner, either as limited entitled;
b. the right to benefits under reign;
c. a decision as referred to under (a) or (b) revoke or change.
2 the insurer may reject a manual or an amendment thereto, if the fulfilment of his liability would unreasonably difficult. He shall exercise this right by the designation or the change within one month after the policy holder by his rejection.
3 the reign over a right to benefits have the same effect as a disposition of property set to reign, except that: a. the time limits referred to in articles 180 179 178, paragraph 2 and paragraph 2 of Book 4 beginning on the date on which the benefit or the first of a series of benefits is payable, and b. the reign, as far as not in the interests of a party other than the beneficiary is set , also ends when the policy holder and the beneficiary a common decision to lift the administrator in writing.

4 a designation of a beneficiary as the main owner of security applies as a designation as pledgee. On a clue as the main owner of repayment of a debt is the previous sentence shall apply mutatis mutandis, unless the appointment is limited to what is in respect to the beneficiary owes.

Article 967 1 Unless a different intention appears, the designation of a beneficiary, if he dies before: a. He has accepted the appointment, or (b) a benefit to which the indication concerned, fell due.
2 Is the beneficiary in capacity referred to, then the indication suspected to have been done for the benefit of him who possesses such status at the time that the indication under article 968 (b) to (d), irrevocably. If the beneficiary is identified, both in name and in capacity as the indication suspected to have been done for the benefit of the designated beneficiary by name.
3 by way of derogation from the provisions in paragraph 2 favoring getting the benefit of the beneficiary whose designation by acceptance has become final, while he possessed the capacity indicated in the manual.
4 are specified by the policyholder or the insured's heirs as beneficiaries designated, then below that mean those persons who, as heirs to the estate are called, regardless of whether they have accepted her. They are entitled to the allowance in the same proportion as in which they are called to the succession.
5 Is the legacy of the policyholder or the insured person as a beneficiary designated, then comes the right to benefits to the heirs which have accepted the inheritance. They are entitled to the allowance in the same proportion as in which they share in the estate.
6 Are designated as such children as beneficiaries designated, including their descendants by way of representation will be understood.
7 If a benefit is payable by the death of the insured and this and a beneficiary third have died simultaneously, or if both of them are died and one can not know who the first is deceased, falls, unless a different intention appears, the benefit not to that beneficiary.
8 as long as no third party as beneficiary is designated, the right to benefits to the policyholder. The policyholder shall also be deemed to have designated themselves as beneficiary in case no indication of a third party as beneficiary.

Article 968 the designation of a third party as beneficiary can not be revoked: a. If that third party has accepted her;
b. If the risk is terminated by the death of the insured;
c. If a benefit is payable;
d. If this arises from the agreement.

Article 969 1 The intended third-party beneficiary obtains its entitlement to benefits by accepting its indication. By way of derogation from article 253 paragraphs 3 and 4 of book 6, he can only accept them by one to the insurer pointed statement. Unless the designation is irrevocable according to 968, (b) to (d) article, the beneficiary may only accept with the same way to the insurer in writing expressed consent of the policyholder.
2 the indication according to the article, (b) to (d) 968, irrevocably, the intended third-party beneficiary designation by a declaration to the insurer are targeted.
3 the beneficiary third makes the acceptance of his designation by surrendering its right to benefit.

Article 970 1 the rights of the policyholder from a sums of insurance can, without prejudice to the second sentence, be transferred only jointly. Insurance claim rights arising from a sums can be individually transferred, as far as the law or the agreement dictates otherwise.
2 delivery of rights from an insurance requires an appropriate certificate and written notice thereof to the insurer by the transferor or the transferee.

Article 971 1 when establishing a lien on rights arising from a missing article 239 insurance sums of book 3 application.
(2) if the property law rests on a benefit entitlement shall enter into force for the application of articles 246 and 253 of book 3 and 490b article of the code of civil procedure the main beneficiary the pledge in the place. Has a third party designated as main entitled its indication not yet accepted, the pledgee to the third.
3 by way of derogation from paragraph 2, the pledgee a surplus as referred to in article 253 (1), second sentence, of book 3 also pay to the insurer. The insurer is the amount payable to the main owner.

Article 972 1 the policy holder may only exercise its rights arising from the agreement with the beneficiary's written consent: a. when an indication according to article 968 is irrevocable;
b. limited owner, when a limited right is located on the rights arising from the agreement for the policyholder, or the right to a benefit.
(2) if the exercise of the rights referred to in paragraph 1 would not entail the amendment of the legal status of the beneficiary, the limited respectively entitled, is his consent not required.

Article 973 To no rights can be derived from the agreement by irrevocably condemned is in this regard that he intentionally has brought about the creation of the risk or otherwise intentionally took part.

Article 966 974 of the formal requirements of articles paragraph 1 and the second sentence of paragraph 1, 969 and 972 and 973 articles can not be derogated from.

§ 2. Life insurance life insurance is 975 the Article related to the life or death closed sums of insurance with the understanding that life insurance is considered not as accident insurance.

Article 976 980 978 articles paragraph 1, paragraph 1 and article 986 981, and in so far as it relates to these provisions, Miss application at insurance seeking to supply in the cost of funeral services. In order in Council can further standards. The value of this insurance and the rights arising from this insurance are exempt and remain outside the bankruptcy of or the application of the debt restructuring arrangement on the policyholder and settlement of his estate.

Article 977 1 except as specified elsewhere in this title insurance may not be terminated by the insurer or dissolved, nor under any circumstances expire. The first sentence does not preclude a contract term that the insurance ends or by the insurer may be terminated, if they agreed as a result of settlement of premium, interest and costs stipulated premium smoking no longer value or redemption value.
2 except as specified elsewhere in this section the insurer the insurance may only buy off or continue with the cooperation of the non-contributory policyholder, obtained after entering into the agreement.

Article 978 1 the policy holder has the right insurance, in so far as it provides for a positive or more benefits, in whole or in part by the insurer to do surrenders. By redemption ends the insurance, except to the extent that still benefits from the insurance. The surrender value is the policyholder.
(2) if the insurance premium smoking value, the policyholder the right to continue her premium, free to do. This right may be excluded in case at premium released by reduced amounts of the benefit or benefits reduced below a at order in Council fix border would continue.

Article 979 1 the policy holder has the right insurance as referred to in article 978 (1) to the amount of the surrender value to lending with the insurer on this usual conditions.
2 the insurer the amount he pays in respect of the securities lending, plus interest and costs, as far as him not repaid, deduct the present value of periodic benefits, and contents on payments under or at the expense of the insurance.

Article 980 1 failure to pay continuation premium has first because, if the insurer after the due date, the policyholder, the beneficiary, if these are indication has accepted, the pledgee and the creditor by means of a notice on that result has pointed out and payment within a time limit set on at least one month is given.
(2) if payment failed to materialize, the insurance premium smoking value, non-contributory continued or, if the agreement so provides, continued through settlement of the premium and the interest and costs stipulated with the surrender value. Is no right to continuation as referred to in the previous sentence, then ends the insurance, and the policy holder at an insurance that surrender value, right to that value.
3 by way of derogation from paragraph 1 may be stipulated that the due date off interest and fees are due.

Article 981


The insured person dies as a result of one of the excluded risk cause and surrender value, the insurance, the insurer an amount equal to the surrender value calculated to the day preceding the death. That amount will be the beneficiary. The insurance has no surrender value, but contributory value, the policyholder shall be deemed the day before the death to have exercised the right referred to in paragraph 2 and article 978 is the insured shall be deemed to have died as a result of a risk not excluded cause.

Article 982 1 if the age or the gender of the insured was specified incorrectly, the insurance shall be deemed to have been closed to the right age or the right gender custom benefit, or benefits, while maintaining what about the premium payment has been agreed. The 929 and 930 and 983 articles missing in application.
2 paragraph 1 fog apply if the insurer at knowledge of the right age or sex no insurance would have closed.

Article 983 1 If an insurance that the policyholder pursuant to law or agreement is cancelled in accordance with article 929 surrenders, can do, right to the surrender value of the policy holder obtains the day before her termination.
2 the beneficiary obtains the right to an amount calculated in the same way, if the insurer at the end of the risk on the consequences of non-compliance with article 928. However, the application of article 930 would paragraph 2 or 3 to a higher benefit lead, then obtains the beneficiary claimed.
3 The insurer to the policyholder pursuant to article 929 on the breach of article 928 points subject to his rights or that the consequences of that failure are enlisting, the beneficiary has accepted that its indication, and the pledgee. In the case referred to in the first sentence, the insurer also the attaching in knowledge, unless no declaration referred to in article 476a, first paragraph, of the code of civil procedure is done.

Article 984 1 Rest a lien on the rights of the policyholder, the pledgee, unless the policyholder the insurance do surrenders the Authority lacks the insurance to do surrenders. Also, the pledgee the favoring change for the benefit of the policyholder, in so far as they are not irrevocable. He can only do insurance surrenders if the debtor is in default and after he then its intention to buy off at least four weeks in advance, by registered letter or deurwaardersexploit, to the policy holder. The insurer is not obliged to examine whether the debtor is in default. The pledgee does a copy of the letter or the exploit, referred to in the third sentence, to the insurer.
2 to be able to do the insurance surrenders, the pledgee to the communication of an intention of redemption also to mention that the policyholder, unless this power is excluded, the insurance within the period of four weeks, referred to in paragraph 1, lending to payment, as far as possible, of which the pledgee is due.
3 the pledgee Has the insurance policyholder surrenders or do the mortgaged in accordance with paragraph 2, the property right only on the claim in respect of which surrender or pawning.
4 The property holder is not authorised to sell in accordance with article 248 of book 3.

Article 985 a legal claim against the insurer to doing a benefit shall become statute-barred by expiry of five years from the date by which that claim fell due, unless a longer term is stipulated.

Article 984 986 1 article may not be derogated from.
2 977, 981 and 982 articles may not be to the detriment of the policyholder, the beneficiary or the pledgee be derogated from.
3 of the 978 (2) 980, and 983 articles can not to the detriment of the policyholder, the beneficiary, the pledgee or the attaching party be waived, if the policy holder is a natural person and this closes the insurance other than in connection with the exercise of a profession or business.
4 limitation or exclusion of the right, referred to in article 978 (1) cannot be invoked against creditors of the policyholder, the trustee in the bankruptcy of the policyholder, his administrator in case of suspension of payments or application of the debt restructuring arrangement, or the liquidator of the estate of the policy holder. In an insurance policy that entitles to periodic benefits or benefits in kind, the first sentence is missing in this area apply to the extent that the premiums paid, partly on the ground that the insurance provides that they cannot be bought off, for the levying of income tax could be taken into account for the determination of the taxable income from work and home.

Title 18. Article 990 annuity annuity is in life of one or more dependent persons entitled to a periodic benefit in money.

Article 991 1 If a benefit is not paid on the due date and also within a month after a letter of formal notice is not met, the entitled the annuity, as far as yet due, by a written communication to the debtor into a claim for reimbursement of the amount that is required for buying an equal annuity.
2 However the debtor of the annuity is entitled to suspend the fulfilment of its commitment if he reasonably doubts that the body is still alive.

Article 992 Over a period when the body dies, is the interest only payable in proportion to the number of days he has lived. If the interest had to be paid it forward over the entire term due.