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Law of 2 April 1991, introducing books 3, 5 and 6 of the new Civil Code, on the transitional period, second document
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into account the fact that the changes in legislation to the Books 3 , 5 and 6 of the new Civil Code require transitional provisions;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 In the following provisions, the term "law" means the Entry Act. Books 3 , 5 and 6 new B.W., but with the exception of the second, fourth and fifth parts of that Act.
2 The Articles 68 A Up to 75 , 78 (1) , From 79 to 81 , 117 , 120 , 173 and 182 Transitional Law New Civil Code Member of the Commission for the purpose of implementing the transitional law in relation to the amendment of the law in non-member countries. Books 3 , 5 , 6 and 7 of the new Civil Code .
In respect of an order of leave, order or order of leave for sale, issued before the entry into force of the law, the previously applicable law shall continue to apply. Without prejudice to: Article 19 the enforcement shall thereafter be governed by the rules of law.
Legal acts carried out by a spouse prior to the entry into force of the Act shall continue to be Articles 87 to 89 of Book 1 -As they were then, applicable.
On legal acts that a spouse before the entry into force of the Act in violation of the then applicable law Article 97 of Book 1 has been engaged, it remains in force then Article 98 of Book 1 applicable.
The second and third sentence of Article 97 (1) of Book 1 They shall enter into force from their entry into force on the goods which have already been previously in the Community.
Article 376 of Book 1 As that applied until the date of entry into force of the law, it shall continue to apply to that which the minor remained guilty of guilty at that time to the guardian after the end of his rule. The previous sentence shall apply mutatis mutandis after the end of a curatele.
Article 4 paragraph 1 of Book 2 determines the effects of the deficiencies mentioned there in the establishment of a legal person, which has taken place before the law has entered into force.
The decision of a body of a legal person adopted prior to the entry into force of the Act shall continue to be Articles 11 to 13 of Book 2 -As they were then, applicable.
The liquidation of the assets of a legal person, which has not yet been completed at the time of entry into force of the Act, shall be Articles 23 to 23 C of Book 2 -except in so far as this would result in the reversal of measures already taken in accordance with the law previously applicable. The law shall not apply in respect of any subject matter prior to its entry into force of a court ruling.
At an association that exists at the time of the entry into force, changes are made to the Articles 37 , 38 , 39 and 41 A of Book 2 applicable after the expiry of three years after that date.
At the time of entry into force of the Act, a share in a public limited liability company or a limited entitlement thereto shall be obtained if the requirement of such a liability is fulfilled. Article 86 or Article 196 And that share had not previously been delivered on the basis of the current text of that article.
Article 21 (1), introductory wording and part B of Book 2 , for three years of the time of entry into force of this Act, is not applicable to a foundation, whose statutes do not comply with the changes which Article 286 of Book 2 apply to this law.
Security lodged before the date of entry into force of the Act as a result of Article 167 a, 167 b. 227 A or 227 B of the Commercial Code , may be undone from one year after that date, if so than twenty years after the lodging of the security, or otherwise the requirements which have been Article 49 of Book 6 of the Civil Code It is satisfied that discharge has been granted in respect of certain of the discharge.
Article 263 of the Code of Commerce , as it is applicable from the act of law, applies only in the case of purchase of a case for which it is Article 10 of Book 7 is valid.
Proceedings in which the opening of the summons has been served or the opening petition has been lodged before the date of entry into force of the Act shall be wholly taken out in accordance with the rules of procedural law relating to the application of the law. That time applied to date, provided that the following Articles do not result in any other provision. The provisions of the preceding sentence also apply to the settlement of a claim or request, to be made by a convention, even if the law has been brought into force after the entry into force of the law.
Article 14 of the Code of Civil Procedure , as it stands from the entry into force of the law, applies to all exploitions, herds and enforcement operations which take place after this entry into force.
1 Article 52 of the Code of Civil Procedure As it stands from the entry into force of the Act, it is instead of the previous one. Articles 52 to 55 , 293 and 835 if the judgment is pronounced after this entry into force.
2 The Articles 53 and 54 of this Code , as they are replaced by the act of law, shall apply instead of the previous legislation. Articles 351 , 352 , 405 and 406 If, at the time of entry into force, a cross-claim of the kind referred to in those Articles may be brought into effect in the proceedings in which the appeal is decided upon against the judgment, it may be brought into effect.
Article 125 C Member 4 of the Code of Civil Procedure continues to apply to petitions submitted after the time of entry into force of the Act, if the statutory interest accruing is derived from the provisions of Article 1286 of the Civil Code, such as before that date. Gold.
1 The seizure of the law before the date of entry into force of the law shall, in so far as the following paragraphs and the other provisions of this Title, not otherwise be completed, shall be completed to the previous law.
(2) In the case of the previous paragraph, the second and subsequent herds shall be placed on the same good with the application of the law subsequently in force and no further opposition to the issuing of purchase tokens shall be possible. The settlement of such herds shall be effected by application of the same law, except in so far as the settlement of the previously produced claims requires the application of the law previously in force.
3 If, at the time of entry into force of the law, the power to impose conservatory order under a warrant or leave issued by the President, that authority may, after that time, comply with the new law. shall be exercised. The requirement in the main proceedings shall be set in good time, if it has taken place within eight days of the seizure or, if the order or leave provides for a longer period, within that time limit. For the application of Article 702 of the Code of Civil Procedure , as it will apply after the date of entry into force, the order or leave of leave provided for in that Article shall be the same as it is referred to.
4 An executive order of sale by a depositor who had not yet been announced at the time of entry into force of the Act shall be wound up according to the provisions of the subsequent law. For the purposes of those provisions, a creditor who has previously opposed the issuing of purchase tokens shall be equivalent to an attachment of the same creditor to an impound person.
5 A ranking shall be settled according to the law under which the appointment of the Judge-Commissioner, to whom the division is to take place, shall be held.
6 Article 505 (3) of the Code of Civil Procedure , as it stands from the entry into force of the law, applies to herds which are entered in the public registers after that date.
1 If, prior to the entry into force of the Act, a seizure was made to a third party, and at the time of this entry into force, no summons to make a declaration as intended for the purpose of the act Articles 479 and 741 of that Code As these were released for the entry into force of the Act, from the beginning of the period provided for in Article 740 As it was then the further settlement of the herd in application of the law subsequently applied. If not within that period, or, if that period had been started before the date of entry into force of the Act, means an exploit to the third party within one month of that time, the requirements of which have been fulfilled Article 475 of that Code , as this comes into force after this, payments, made by third, will be of value.
2 If a judgment as intended in the Articles 751 to 754 of the Code of Civil Procedure , as provided for in the Act for the entry into force of the Act, the release and issue referred to in those Articles shall be made by analogy with the provisions of the Articles 477 paragraphs 1 and 5 and 478 (1), (2) and (3) of that Code , as they subsequently read, and continue to be settled in accordance with the applicable law.
Article 513 A of the Code of Civil Procedure In the same way as it provides for the entry into force of the law, all herds which, after the entry into force of the law, shall rest on goods to which that article relates.
1 The provisions of the Law relating to execution by a building or mortgage holder shall apply as far as under the provisions of Articles 110 and 116 of the Transitional Law New Civil Code the provisions of that Code relating to such execution shall apply.
2 In the case of public sale, in accordance with Article 1223, second paragraph, of the Civil Code, as applied in advance, the Articles 270 to 273 of Book 3 does not apply and a ranking is required by application of the law applicable prior to the entry into force of the law.
An execution to issue a movable case or an extension of an immovable property shall be governed by the law under which the execution has been issued.
1 Before the date of entry into force of the law, the date of application for the seizure and execution of ships, aircraft and the restricted rights shall be determined by a general measure of management. to which they are subject, to the extent to which the following paragraphs have not been determined otherwise.
Where the term "transfer" or "overwriting" is used for the purpose of applying the relevant provisions "registration" and "tender" shall be read and the invitation to tender shall be taken into account in accordance with the effects of the provisions of this Directive. Section 2 of Title 1 of Book 3 of the Civil Code and in the Cadastral Act .
3 A ranking after the sale of a vessel is settled according to the right under which the appointment of the Judge Commissioner is to take place, to whose overstanding the division will take place. If the new duty is applicable, it shall bring the applicability of the Articles 551-552 of the Code of Civil Procedure .
(4) The entry into force of the law shall be removed from the Court's application. Article 513 A of the Code of Civil Procedure .
5 To the obligations of the depositary, referred to in Article 537 Ed , first paragraph , and 553 of the Code of Civil Procedure and Article 25 Act Aircraft, shall be discharged from the entry into force of the Act by means of a certificate as referred to in Article 25 of the Article 99, first paragraph , below Article 107, first paragraph, Kadasterwet In which tenders and entries in the registers are indicated for preliminary notes, which are relevant for the purpose of those rules.
6 With respect to a herd as intended Article 636 of the Code of Civil Procedure Paragraphs 1-5 shall apply only to the extent that the herd is placed on a ship.
7 This Article shall not apply to ships on which Article 573 of the Code of Civil Procedure is applicable, and for aircraft not registered in the public registers or in a treaty register.
The Articles 544 to 548 of the Code of Civil Procedure As they were before the date of entry into force of the Act, they shall continue to apply subsequently to existing constituencies, subject to the proviso that Article 544 be deemed to refer to the provisions of the law on seizure and sale of immovable property.
For the purposes of the application of the transitional law, the main and non-life procedure shall be the procedures laid down in the Articles 615 and 618 of the Code of Civil Procedure As they were regarded as separate proceedings for the entry into force of the law.
A seal caught for the entry into force of the Act shall be wound up and terminated under the applicable law.
The Articles 797 A Up to 797 f. shall not apply to any judicial custody established or ordered by the courts for the entry into force of the law.
The Fourth paragraph of Article 552 A shall apply only to the lamations submitted after the entry into force of the Act.
1 The law does not apply to a bankruptcy which was pronounced before the date of entry into force of the law and on a payment of a payment provisionally granted before that date.
2 If, however, provisions of the Books 3 , 5 and 6 of the new Civil Code under the New Civil Code Transitional Law They shall also be subject to the rules applicable to those provisions in the event of bankruptcy or payment of a payment in the Member States of the European Union. Bankruptcy Act are included.
1 The Articles 36 and 230 4th member of the Bankruptcy Law shall be applied to existing legal proceedings from the date of entry into force of the Regulation.
2 The 182 first paragraph and 188 first and second member of the Bankruptcy Law shall apply to the distribution lists approved and to the implementation thereof after the entry into force of the Act.
3 Article 232, below 2 °, of the Bankruptcy Law shall apply the law applicable to the subsequent periods of the claims referred to therein.
If under Article 182 of the Transitional Law New Civil Code the effects of a failure to comply with an agreement are applicable to the law applicable to the entry into force of the law, and Articles 37 , 38 , 236 and 237 of the Bankruptcy Law , as previously applicable, applicable.
As long as and as long as a provision from the Books 3 , 5 and 6 of the Civil Code or any statutory provision or amendment adopted by this Law does not apply under the New Civil Code Transitional Law or under this part of the Act, a statutory provision that is still subject to it shall also remain outside the scope of that provision.
Article 18 shall apply mutatis mutandis to arrangements with respect to seizure or execution, which are contained in special laws and which are covered by this law. Law of Civil Procedure shall be adjusted.
Article 47, third paragraph, of the Law on notarial office Applies only to certificates of inheritance which have been made out after the law has entered into force.
Article 21 of Pachtwet , as established by this Law, shall apply from three years after the entry into force of this Act.
1 The changes made to the law in the Expropriation law , do not apply for an impropriation in which the summons in accordance with Article 18 or Article 47 of that Act has already been released before the date of entry into force of the Act.
2 On the depropriation of an inherited servitude as intended in Article 4 First paragraph of the Impropriation Act as previously mentioned in paragraph 1 above, the provisions previously in force shall continue to apply, if, prior to that date, a terinzathereof referred to in the preceding paragraph was already in force. Article 7 , 12 , 80 or 143 of the Impropriation Act He's done
Articles 48 to 52 of the Grand Tax Act, as established by this Law, do not apply where the debtor or the lien had failed to comply with the law in the performance of his undertaking prior to the entry into force of the Act. And to the pawnshop the extraction of the property had already been said.
From the entry into force of the Act, a right which is in force in advance shall be Article 5, third paragraph B , last sentence of the Private Law impedimenting law , was referred to as not mentioned in particular in the Civil Code, the provisions of Title 8 of Book 5 of the Civil Code applicable.
1 Article 86, first paragraph, of Transitional Law New Civil Code does not apply as long as a before the entry into force of the law, with application of Article 22 of the Act of Invorting ( Stb. 221) or Article 156 of the General Law on Customs and Excise ( Stb. 1961, 31) laid down soil shall not be wound.
2 Article 22, third paragraph, of the Invording Law 1990 and Article 156, fourth paragraph, of the General Law on Customs and Excise, as established by this Law, shall not apply in respect of a land herd laid before the date of entry into force of the law. as far as they are concerned with the rights of those who are already subject to that date under the then articles 2014, second paragraph, of the Civil Code and 230 of the Commercial Code have been competent to recover an seized case.
1 This Act shall enter into force on a time to be determined by Us.
2 Our Minister of Justice may view the foregoing provisions as a chapter or part of a chapter in the entirety of the Entry Act Books 3 , 5 and 6 new Civil Code inserts with the appropriate change in the numbering, including in the references.
3 This Act may be cited as Import Law Books 3 , 5 and 6 new B.W. (12th Section) .
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 2 April 1991
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
Published on the 14th of May 1991The Minister of Justice,
E. M. H. Hirsch Ballin
