Key Benefits:
Law of 3 April 1969, replacing the first book of the Civil Code by Book 1 of the new Civil Code and, in connection therewith, amendment of this book and the other books of the Civil Code, the Code of Civil Code Civil Procedure, the Code of Criminal Procedure, the Code of Criminal Procedure, and other laws, as well as of transitional provisions (Entry into law Book 1 new B.W.)
We JULIANA, 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 considered that it is desirable to replace the first book of the Civil Code by Book 1 of the new Civil Code and, in connection with that, this book, as well as the second, third and fourth books and the final provision. of the Civil Code, the Law of Civil Procedure , the Penal code , the Code of Criminal Procedure and amend other laws, and adopt transitional provisions;
Thus, we, the Council of State heard, and with common accord, the States-General, have found good and understood to be right and to be understood by this:
The provisions cited in this law without further indication are provisions of the new books of the Civil Code.
1 Article 4 (4) of Book 1 shall also apply to pending applications or to any request for amendment of names obtained before the date of entry into force of Book 1, with the exception that the jurisdiction of the court is to be assessed to the law, applicable at the time of the submission of the request.
2 Article 4 (2) of Book 1 shall also apply, if amendment is requested from pre-names, obtained before the time of entry into operation of Book 1.
Article 6 of Book 1 shall also apply to instruments of birth which have been made out before the date of entry into force of Book 1.
1 Article 7 (1)-(4) of Book 1 shall also apply to pending applications or to any request for amendment or adoption of names of persons born before the date of entry into force of Book 1.
2 Article 7 (3) and (4) of Book 1 shall also apply in the event that the amendment or determination of the generic name has taken place before the date of entry into force of Book 1.
3 Article 7 paragraph 5 of Book 1 and the general measure of directors referred to therein shall not apply to requests submitted before the time of entry into force of Book 1.
Article 9 of Book 1 shall also apply, if the marriage has been dissolved before the time of entry into operation of Book 1.
1 Articles 10-12 and 14 of Book 1 shall apply from the date of entry into force of Book 1 if the facts which, according to these rules, determine the acquisition or loss of a place of residence have occurred prior to that time.
2 At a place of residence chosen before that time, the provisions of Article 81 of the Civil Code shall apply until that time.
1 Articles 16-20 and 22-25 of Book 1 shall apply to acts of civil status only, to be published after the time of entry into force of Book 1.
2 Article 21 of Book 1 shall apply only to letters of law, decisions amending or establishing names, non-marital status, authentic instruments of recognition of an unlawful child and of the judicial system of legal status judgments, which are recorded after the time of entry into force of Book 1.
3 However, Article 23 of Book 1 shall also apply to the making of comments, to be placed on the documents of the civil status drawn up before the date of entry into force of Book 1.
4 Objections to acts made before the date of entry into force of Book 1 which were prescribed or customary before that date, shall be placed on instruments of civil status, whether before or after the entry into force of that date. That time was put up.
5 Articles 26-28 of Book 1 shall also apply to instruments of civil status which have been made out before the date of entry into force of Book 1.
6 Article 29 of Book 1 shall not apply to requests and claims, filed or made prior to the time of entry into operation of Book 1.
Articles 50-57 of Book 1 shall also apply to intended marriages, the proclamation of which was made before the time of entry into operation of Book 1.
1 After the time of entry into force of Book 1, the annulment of a marriage entered before that time may no longer be sought on a ground no longer known by the law, or by persons who are the law to set such a A claim no longer has jurisdiction.
2 The annulment of a marriage entered into before the time of entry into force of Book 1 may, by reason of failure to reach the required old age, be applied only by the spouse who missed the requisite age, and by the public ministry.
3 It shall also apply in the preceding paragraphs if the action has been brought before the date specified in paragraph 1 and the declaration of invalidity has not been declared before that date.
4 If the judgment declaring a marriage null and void after the date specified in paragraph 1 of the first paragraph, Article 77 of Book 1 shall apply, even if the action had been brought before that date.
Articles 84, 86, 88, 89 and 90 of Book 1 shall apply only to facts, cases before the date of entry into force of Book 1.
1 In respect of a community of goods arising before the date of entry into force of Book 1, Articles 94-98, 100, 102 (2), 103 (4), (104), (106), (108), (109) and (112) of Book 1 shall apply only to the facts, in cases where the goods are time.
2 The second paragraph of Article 179 of the Civil Code shall apply until the entry into force of Book 1 in respect of goods which have been obtained before that date.
1 With respect to entries in the marriage goods register, before the date of entry into force of Book 1, as referred to in the provisions of Articles 163, 165, 180, 185, 186, 300 and 304 of the Civil Code in force until that date, remain: those articles.
2 With respect to entries in the marriage goods register referred to in Articles 86, 90, 104, 105, 110, 112, 189 and 196 of Book 1, which shall be effected only after the date of entry into force of Book 1, those articles shall apply, including where the judgment has been taken before that date, the instrument of surrender is in respect of a community of goods dissolved prior to that date, the requirement for the removal of the community of goods has been brought before that date, or the reconciliation before that date has been instituted before that date. That time has taken place.
3 Where a legal period prior to the entry into force of Book 1 for the registration of a measure of surrender of a community of goods is still pending at that time, Article 106 of Book 1 shall apply.
1 In respect of enrolments in the matrimonial register, before the date of entry into force of Book 1, the provisions of a prenuptial agreement shall remain in force until that date. Application. If, however, an amendment to those provisions is entered after that date, Article 116 of Book 1 shall apply to all provisions of the spouses ' marital conditions after that registration.
2 Article 116 of Book 1 shall apply to provisions made before the date of entry into force of Book 1 in matrimonial terms which are not, before that date, in accordance with Article 207 (1) of the Civil Code applicable to that date. Code in the Register of Marriage Register is registered.
3 Article 120 (2) of Book 1 shall also apply to provisions before the date of entry into force of Book 1 during the marriage or modified prenup of a marriage, which shall not have been prior to that date in accordance with the date until that time. valid Article 207 (1) of the Civil Code is entered in the Register of Marriage Goods.
4 Articles 118 and 120 (1) of Book 1 shall apply to the making or modification of marital conditions, after the date of entry into force of Book 1, even if the marriage had been completed before that date.
1 Article 130 of Book 1 shall also apply in respect of prenuptial conditions established before the date of entry into force of Book 1.
2 On communities of profit and loss and of fruits and earnings, agreed before the time of entry into operation of Book 1, also after that time the advance Articles 210-222 of the Civil Code shall continue to apply, for provided that such rules have not been expressly or by the nature of the clauses expressly derogated from any prenuptial agreement.
3 On partnerships, existing at the time of entry into force of Book 1, the provisions of Section 2 of Title 8 of Book 1 shall apply from that date, in so far as they are not expressly or by the nature of a prenuptial agreement The provisions of Article 143 (2) of Regulation (EEC) No 518723 of the EC Treaty, and Article 143 (2), are applicable to the A of Book 1, of the value of a property present in the event of a participation of a part which was specified in the instrument of prenup or a annexed thereto without an indication of the value, may be furnished in law by all means.
After the date of entry into force of Book 1, the provisions in force in advance are: A , 899 A and 949-949 B of the Civil Code only applicable, if either the remarried spouse, or the new spouse died before that time.
1 Article 197 of Book 1 shall apply only in respect of children born after the time of entry into force of Book 1.
2 Article 198 of Book 1 shall also apply in respect of children born before the time of entry into force of Book 1.
3 Articles 199-204 of Book 1 shall apply only in respect of children born after the time of entry into force of Book 1.
A natural child who is recognized by the spouse of the mother before the time of entry into action of Book 1, either standing marriage to the mother or after dissolution of the marriage by the death of the mother, is to be automatically legitimate expectations; the law works from the time of entry of Book 1.
1 Article 224 of Book 1 shall not apply to approvals before the date of entry into force of Book 1.
2 The Articles 225 and 226 of Book 1 shall also apply to recognition before the date specified in paragraph 1.
1 A child who, according to the rules in force before the date of entry into force of Book 1, was not in civil relations with his mother, shall be automatically under the custody of the mother of that date, provided that time shall be competent and unless previously appointed a different guardian.
2 The mother of a child, as specified in the first paragraph, who was not competent for the custody of the child at the time specified therein, shall be given the custody of the child if it is open at the time when it is to be authorized for that purpose.
3 If, at the time referred to in paragraph 1, custody is not open, the competent mother of the custody of the cantonal court may ask the cantonal court to appoint her as guardians; on such a request, Rule 287 (4) and (5) of Book 1 shall apply.
The provisions of Article 307 (1), (2), (2), (3), (3), (3), (3), B By the end of Regulation 336 (3) of Book 1, the date of entry into force of Book 1 shall apply to custody or watchthighs which have been started prior to that date.
1 The provisions of the Civil Code relating to the legal capacity of receipted under curatele, such as those provisions, are to read at the time of entry into force of Book 1, are on the legal acts which are under curatele after that time carry out, even if their course in curation is pronounced in application of the duty applicable before that time.
2 For legal acts carried out before the date specified in the preceding paragraph, the provisions of Articles 501 and 502 of the Civil Code which have previously been in force shall also apply.
1 After the time of entry into force of Book 1, only one of the circumstances referred to in Article 378 of Book 1 may be declared under the course of curation, even if the application or claim was made before that date.
2 Article 390 of Book 1 shall apply when the ruling has been made after the time of entry into force of Book 1, even if it was requested or advanced before that time.
3 Where, before the date of entry into force of Book 1, a provisional trustee has been appointed pursuant to Article 495 of the Civil Code, the provisions of Article 380 (2) and (3) of Book 1 shall apply only after the date of entry into force of this Directive. amendment of this Award by corresponding application of Article 380 (4) of Book 1.
1 Title 17 of Book One, to the extent that it is not otherwise determined by law, shall apply from the date of entry into force of Book 1 to obligations of, and rights to, subsistence, which had been settled by agreement prior to that date. or had been determined by a judgment of the court, which took effect either before that date or, in the absence of opposition, of appeal or appeal in cassation, after that date.
2 In respect of claims for the provision of maintenance, in respect of which, at the time of entry into operation of Book 1, a judgment of the Judge, which has entered into force of res judiced, has not been decided upon, Title 17 of Book 1 of that judgment shall be the date of application, it being understood that in respect of a period, situated before the date of time, it cannot be allocated a higher amount than was permitted under the duty applicable during that period.
1 Where the obligations of maternal grandparents to grandchildren or grandchildren towards grandparents before the date of entry into force of Book 1 were settled by agreement or by a judge's ruling; had been established in force of res judiced, they shall continue to remain after that date, except that any request for amendment of these rights and obligations remains subject to the duty in force at the time of their arrangement, or Determination.
2 The previous paragraph shall apply mutatis mutandis to the obligations and rights of in-laws against married children or of married children to in-laws, who are not in accordance with the provisions of Article 396 of Book 1 Some.
3 Judgments of the court, made before the time of entry into force of Book 1, which, in the absence of a higher appeal or appeal in cassation, shall remain in force of res judiced after that date.
4 Without prejudice to the provisions of Article 401 of Book 1, the maintenance order may, in the preceding paragraphs, require the court to waive the obligation to provide maintenance, with effect from a court to which the court order. determining time. This time period may not be earlier than six months after the entry into force of Book 1.
Article 344 in advance C of the Civil Code and the relevant provisions in force in Articles 344 Ed -344 f. and of the Law of Civil Procedure are also applicable after the date of entry into force of Book 1, if the confinement took place before that date.
Where, before the date of entry into force of Book 1, a director has been appointed on the goods of an absent person, the right to effect shall continue to apply at the time of the appointment as well.
1 Where, before the date of entry into force of Book 1, a declaration of probable death has been declared, it shall continue to apply to the effects of the previous law after that date.
2 If, in proceedings to obtain a declaration of probable death, the opening application has been filed but no final judgment has yet been issued before the date of entry into force of Book 1, Articles 413-425 of Book 1, as well as the relevant provisions of the Law of Civil Procedure applicable, starting with the first ruling after that time.
1 Gedtations, in which the introductory summons is served or the opening petition or the first to be addressed by the President of the court, petition has been filed before the time of entry into force of Book 1, shall become wholly the application of procedural law, which was applicable before that date, subject to the provisions of the preceding Article.
2 The provisions of the preceding paragraph shall also apply to the settlement of a claim or request, which shall be the subject of the proceedings by means of a convention.
1 Gedtations on the provisional surveillance or under-supervision of a minor, the dismay from and the waiver of authority or custody, including suspensions, in which the opening application has been lodged before the date of application of the time of entry into force of Article I of the Amendment of Book 1 of the Civil Code, the Code of Civil Procedure, the Law on Youth and the Pleegchildren Act in connection with revision of the measures of child protection , they shall be completely cancelled using the duty applicable to that date.
After the date of entry into force of Article I of the Amendment of Book 1 of the Civil Code, the Code of Civil Procedure, the Law on Youth and the Pleegchildren Act in connection with revision of the measures of child protection :
(a) shall be taken to take decisions in which the removal from or from the authority or custody has been declared to be a decision terminating the authority or the custody of the person concerned, as provided for in Article 4 (1) of the Article 266 Respectively Articles 327 and 328 of Book 1 of the Civil Code ;
b. applies, for the purposes of the home placement of a minor subject under supervision, the required of Article 265a of Book 1 of the Civil Code Only from the moment of the first extension of the surveillance system.
1 With regard to legal entities which exist at the time of entry into operation of Book 2 (Legal Persons) of the Civil Code, this book and the Chapters 2 to 4 of the Import Law are, in so far as is not otherwise specified, new to the legal person in the field of legal persons. B. W. shall apply to facts that occur after that time.
2 Under existing legal persons, entities which obtain legal personality by the entry into force of Book 2 shall be understood.
From the moment of entry into force of Book 2, the provisions of this book which govern the effects of defects in the acting act of a legal person shall be applicable to a body which, at the time of the entry into force of the Book, is 2 is a legal person.
Article 5 (2) and (4) of Book 2 shall not apply for a period of three years from the date of entry into force of Book 2 in respect of an unregistered one in accordance with the provisions of Book 2:
a. Association which exists at that time and is not a cooperative association or mutual guarantee association;
b. legal person who, from that date, is a mutual guarantee company pursuant to Article 48 or 49;
c. foundation which exists at that time and is registered in the public central register referred to in Article 7 (1) of the Law on Foundations;
d. Legal person who, from that date, is a foundation pursuant to Articles 53 to 56 or 58.
1 Dissolution of a legal person existing at the time of entry into operation of Book 2 pursuant to Article 19 of Book 2 cannot be claimed before three years after that date.
2 The previous paragraph does not apply to foundations on which the Law on Foundations applied.
Article 21 of Book 2 shall co-apply if the dissolution of the legal person has been requested or claimed for the time of entry into force of Book 2.
The request, referred to in Article 22 of Book 2, may also be made if the legal person has been dissolved before the date of entry into force of Book 2.
1 Article 23 (3) of Book 2 shall also apply where the liquidation of a legal person disbanded before the date of entry into force of Book 2 is effected by liquidators who have not been appointed by a court ruling.
2 Article 23 Last paragraph, of Book 2 shall also apply if the liquidation before the date of entry into force of Book 2 has been completed.
Article 25 of Book 2 shall also apply where the duration has elapsed before the date of entry into force of Book 2.
1 At the time of the entry into force of Book 2, an association which was not a legal person, has a legal personality as of that date.
2 Goods which were to belong to the association at that time, if, when the goods were acquired properly, they had already been a legal person, enter the law upon the entry into force of Book 2.
Any legal acts which, before the date of entry into force of Book 2 by or against the directors of the association, in their capacity as within the limits of their jurisdiction to, or by third parties, have been carried out shall be considered to be They shall be regarded as legal acts of, or subject to, the association, without prejudice to liability for the obligations arising out of such legal acts from those who have already been held responsible for such acts.
From the time of entry into operation of Book 2, an association is established pursuant to the Law of 22 April 1855, Stb. 32, the procedure and limitation of the exercise of the settlement of unification is recognized or the statutes of which are for that date entered into one or more notarial acts, equivalent to an association established by a notarial deed.
1 At the time of the entry into force of Book 2, an association with a legal personality which is already incorporated which does not apply the previous article, Article 30 of Book 2 shall apply only after three years since the date of entry into force of the Book 2 has expired.
2 Also, during that time, Article 43 (5) of Book 2 is not applicable to such an association, as long as the association has failed to include its bylaws pursuant to Article 28 of Book 2 in a notarial deed.
1 For an association recognized under the Law of 22 April 1855, Stb. 32, the following provisions shall apply to the procedure and limitation of the exercise of the settlement and meeting which is not a cooperative association or a mutual guarantee society.
2 Article 29 (4) of Book 2 shall not be applied in respect of legal acts before three years have elapsed since the entry into force of Book 2.
3 Article 27 (6) of Book 2 shall apply to the association after the statutes of the Association have changed after the date of entry into force of Book 2, but not more than three years after that date.
For an association whose statutes are included in one or more notarial acts for the time of entry into operation of Book 2 and which, according to Article 53 of Book 2, is not a cooperative society or a mutual guarantee society, and not is recognised under the Law of 22 April 1855, Stb. 32, the following provisions shall apply to the procedure and limitation of the exercise of the settlement and meeting.
2 Article 29 (4) of Book 2 shall not be applied in respect of legal acts before three years have elapsed since the entry into force of Book 2.
3 Article 27 (6) of Book 2 shall apply only after three years have elapsed since the entry into force of Book 2.
1 Lack of a notarial deed of establishment of a form of association established at the time of the entry into force of Book 2 which is a cooperative association or mutual guarantee company pursuant to Article 53 of Book 2, or does not comply with the provisions of this Decision. the requirements of Article 27 (2), first sentence, and paragraphs 3 and 4, and of Article 54 (2) of Book 2, the association shall be obliged to incur a notarial deed which complies with those requirements.
2 This notarial deed must be disclosed in the manner prescribed by Title 2 of Book 2 for a deed of establishment.
3 Every driver shall be responsible for a legal act by which he undertakes a union referred to in the first paragraph, jointly and severally liable, if the act is carried out after three years since the date of entry into force of the act. Book 2 has expired, and before the first and second paragraphs have been fulfilled.
4 If the first paragraph is not fulfilled and three years after the time of the entry into force of Book 2, the association may be dissolved by a decision of the court at the request of the Public Prosecutor ' s Office.
The cooperative society which, at the time of entry into force of Book 2, carries out the letters W.A. in its name is the right to apply for the liability of the members for the deficit of the association, applicable to that date. if it has been disbanded before that date, or, if it is disbanded by its insolvency following a bankruptcy held prior to that date.
1 The cooperative society or mutual guarantee undertaking which, at the time of entry into force of Book 2, does not carry out the letters W.A. or U.A. in its name, until it has changed its name in accordance with Article 42 (1), the date in force concerning the liability of the members and the former members.
2 The association is dissolved or declared bankrupt after three years since the entry into force of this law and before it has changed its name in accordance with Article 42 (1), then Article 55 of Book 2 shall apply to the the liability of the members and the former members in relation to the liquidators.
In respect of associations existing at the time of entry into force of Book 2, unless otherwise provided by the Statute, Articles 33, 34, 35, 36 (1), first sentence and (3), 37, 38, 39, 43 (1), 44, 45 (1-3), 46, 47 (1), (2) and (5), (49) and (5) and (5) and (4), 62 Under B of Book 2 shall not apply to facts which have occurred before three years after that date.
Articles 48 and 58 of Book 2 shall not apply to the annual report and to the account and to the accounts for a financial year which has expired before the date of entry into force of Book 2.
1 Article 59 (1) of Book 2 shall not apply to agreements entered into before the date of entry into force of Book 2.
2 Article 62 A of Book 2 shall not apply to insurance contracts concluded before the date of entry into force of Book 2.
As long as the statutory name of a public limited liability company set up for the entry into force of the Law of 2 July 1928 ( Stb. 216), is not in accordance with Article 66 (2) of Book 2, the letters 'N. V.' shall be added to the name.
Articles 85, 86 (5), 88, 89, 183 (3), 194, 196 (2), 197 and 198 of Book 2 shall apply from the date of entry into force of Book 2 to a usufruct of and a lien to shares established for that time.
1 In respect of a public limited liability company or private limited liability company at the time of entry into operation of Book 2, unless otherwise provided by the Statute, Articles 105 (4), 119, 120 (1) and (3), 216 (2), 4, 229 and 230 (1) and (3) of Book 2 shall not apply to facts which have occurred before either three years after that date or the statutes have been modified in connection with a conversion as referred to in Articles 72 or 180 of this Article. Book 2.
2 An option, before the date of entry into force of the law, to comply with Article 52 C The first paragraph of the Commercial Code shall apply, for the purposes of Articles 154 and 264 of Book 2, to the application of Article 263 (1) of Book 2 as a whole.
3 In respect of a limited liability company or limited liability company which is governed by Article XVIII of the Law of 2 July 1928 ( Stb. 216) or Article VI of the Law of 3 May 1971 ( Stb. 286) before the date of entry into force of Book 2Article 48 A The second paragraph of the Commercial Code did not apply or applied mutatis mutandis, after that date, Article 133 (2) of Book 2 shall not apply or apply mutatis mutandis.
1 A pension or savings fund on which the Pension and savings fund law is applicable and that at the time of the entry into force of Book 2 it was already a legal person and is not an association, a mutual guarantee company, a public limited company or a private limited liability company is a legal person. From that point of time a foundation.
2 If the statutes and regulations of a pension and savings fund are approved on an application to our Minister of Social Affairs and Public Health for the time of the entry into force of Book 2 after that date, it shall be fund, if, at the time of the approval, it was not already legal person, thereby a foundation.
1 An institution, whose assets consist of goods, as referred to in Article 1 of the Law of 29 October 1892 ( Stb. 240), is a foundation from the time of entry into operation of Book 2.
2 The court may, by way of derogation from Article 294 (2) of Book 2, also amend the purpose or the target definition of a foundation referred to in the previous paragraph, if the statutes have excluded that amendment.
The Fund to which the Fund applies Law establishing an age limit for notarial office and creation of a notarial pension fund (Law of 16 September 1954, Stb. 407), is a foundation from the time of entry into operation of Book 2.
1 Lacking a notarial deed of establishment of a foundation referred to in Articles 53 to 56 or of a church foundation, or does not comply with the requirements of Article 286 (2), first and third sentences, and paragraphs 3 and 4 of Book 2, the Steering Board shall be obliged to incur a notarial deed which complies with those requirements. An authentic copy of this Act must be deposited by the Board at the premises of the register provided for in Article 289 (1) of Book 2.
2 Any director shall be responsible for a legal act linking him to the foundation, jointly and severally, if the legal act is carried out after three years have been entered into force since the date of entry into force of Book 2. before and before the first paragraph has been satisfied.
3 If the first sentence of the first paragraph is not fulfilled and three years after the time of the entry into force of Book 2, the foundation may be dissolved by a decision of the court at the request of the public prosecutor.
1 The institutions referred to in the Royal Decisions of 26 December 1818, Stb. 48, 2 December 1823, Stb. 49, and 12 February 1829, Stb. 3, its foundations from the time of entry into operation of Book 2.
2 The board of a foundation referred to in paragraph 1 shall be required to make a notarial document in which the statutes are incorporated.
3 The notary does not suffer this deed before our Minister of Education and Science has stated that he has no objection to the statutes to be included in the Act.
4 The instrument must satisfy the requirements of Article 286 (2), first and third sentences, and paragraphs 3 and 4 of Book 2. The second sentence of Article 57 (1), and paragraphs 2 and 3 of that Article shall apply mutatis mutandis.
5 Until the obligation of the second paragraph is fulfilled, the foundation shall continue to apply the Royal acts referred to in paragraph 1, with the exception, in so far as they relate to directors, of the second sentence of Article 1, Article 15, Second paragraph, and Article 26 of the Royal Decree of 2 December 1823.
At the entry in the register referred to in Article 289 (1) of Book 2 of a foundation established at the time of the entry into force of Book 2 which is registered in the public central register referred to in Article 7 (1) of the Act on foundations, provide the directors with an authentic copy of the instrument of establishment or a certified copy of the Statutes at the margins of the register.
Article 289 (4) of Book 2 shall not apply to the directors of a foundation, as referred to in Articles 57, 58 or 59, to legal acts before three years have elapsed since the entry into force of Book 2.
Article 57 shall apply mutatis mutandis to a foundation in respect of which Article 25 of the Law on Foundations applies, but not to be observed, except that the main liability referred to in paragraph 2 shall also apply. exists for legal acts, shall be carried out within three years from the date of entry into force of Book 2, and that the dissolution as referred to in the third paragraph may also be applied within that period.
A body acting as a legal person at the time of the entry into force of Book 2, which was established after 1 January 1957 and which was governed by the Law on foundations, but whose instrument of establishment does not comply with the requirements of Article 3 paragraphs 2 and 3 of that Act, shall be a foundation from that time onwards.
With regard to foundations existing at the time of entry into force of Book 2, unless otherwise provided by the Statute, Articles 291 (2) and 292 (1) to (2) of Book 2 shall not apply to facts which have occurred before three years after the date of the entry into force of this Directive. That time has passed.
With respect to a cooperative society and a mutual guarantee company, to which the Company ' s Financial Statements did not apply, Title 6 of Book 2 does not apply to the financial statements related to a cooperative society. The financial year which has elapsed before the date of entry into force of Book 2.
1 In respect of a public limited company consisting of the date of entry into force of Book 2, a limited liability company, cooperative association or mutual guarantee company, of which no undertaking shall be in the Commercial register is registered with the Chamber of Commerce in whose jurisdiction the registered office is situated, for three years after that date the legal person has not been registered, no account being taken of the application of Article 5 (2) and (4) of Book 2 and Articles 31 and 34 of the Trade Registry Act.
(2) Due to the absence of the registration provided for in Article 57 of Book 2 in relation to Article 29 (4) of Book 2, or of the registration referred to in Article 69 (2) or (2) of Article 180 (2) of Book 2, in the Commercial Register of a legal person referred to in paragraph 1 shall not incur a driver's liability as provided for in those provisions if the undertaking of that legal person was entered in the Commercial Register at the time of entry into operation of Book 2.
3 As regards a limited liability company or limited liability company referred to in the first paragraph, by way of derogation from Articles 77 and 188 of Book 2 in Titles 3 and 4 of that book under the office of the 'Commercial register' means the office in which the company of the company is established in accordance with the Commercial Register until the registration of the legal person has expired or three years after the entry into force of Book 2.
1 Gedtations, in which the opening summons has been served or the opening petition has been lodged before the date of entry into force of Book 2 shall be completely cancelled under the rules of procedural law, which shall apply in the case of: That time was golden.
2 The provisions of the preceding paragraph shall also apply to the settlement of a claim or request, which shall be the subject of the proceedings by means of a convention.
In the following Articles, the term "law" means the provisions of Books 3-10.
1 The law shall apply from the date of its entry into force if the requirements laid down by the law for the entry of a legal effect are fulfilled at that time, unless otherwise provided for in the following Articles.
2 Where and as long as the law does not apply by virtue of the following Articles, the law applicable before its entry into force shall remain applicable.
In cases where the law becomes applicable, it shall not have the effect of doing so:
a. A person loses the power right which it had obtained under the pre-applicable law;
b. a debt to another overgoes;
(c) the amount of a claim shall be changed;
If all the facts required by the law have been completed before, a right of claim shall be created;
(e) A good with a limited right is taxed.
A clause that refers to a statutory article in effect or represents the business content of such an article shall be deemed to be a reference to or representation of the law, unless this is not in accordance with the rules of the law. would be with the purview of the beding.
If the law proposes a limitation period or a period of limitation of less than one year, and that period would commence in accordance with the provisions of the law prior to the date of its entry into force, the date of commencement shall be postponed to the date of the entry into force of the law. act of the law.
2 The period of replacement of a period laid down by the pre-applicable law shall be replaced by the date on which the new deadline expires at the latest at the time when the replaced deadline was to be completed.
1 If the law provides for a limitation or lapse period of one year or more, and that period in accordance with the provisions of the law begins before the date of its entry into force, it shall be set out in the law concerning the commencement, duration and nature of that period. period up to one year after that date does not apply.
2 The new deadline shall be deemed not to have been completed before the end of that year.
1 By way of derogation from Articles 72 and 73, jurisdiction which the law grants may not be exercised if the period laid down in the law has already expired at the time of its entry into force and a competence of equal nature did not exist under the previously applicable law.
(2) Was the period within which, in accordance with the rules laid down in advance, a right or jurisdiction had to have been exercised, already at the end of the period referred to in paragraph 1, the law granting a uniform right or jurisdiction shall, in the case of a person, be No change due to the limitation period or the lapse.
1 The application of the law shall not be the result of the jurisdiction of the court before which proceedings have been previously held or for the nature of that action and for the remedies against the judgment.
2 In proceedings as referred to in paragraph 1, the court shall, at the request of either party or of its own motion, prescribe a period within which the parties shall be given the opportunity to adapt their theses and conclusions, to the extent necessary to the law, or to that or one of the other following titles. If the courts are to be adjusted in such a way as to prevent such a remedy, the courts shall not open a remedy for that purpose; the judge shall reject an application for that purpose, and a remedy shall be brought against it only at the same time as end pronunciation open.
3 The previously applicable law shall continue to apply if a dispute as referred to in paragraph 1 is in a state of evidence at the time of application of the law, unless the court is in a position to pursue the proceedings, unless the court is in a position to pursue the proceedings Definitely.
4 In proceedings in the matter of an appeal against a ruling before the law is applicable, the former shall remain in force in accordance with the law previously applicable. The same applies to the further treatment of the case by the right referred to after cassation, unless the case, as a result of the appeal, must be retreated in its entirety by that court.
1 The law shall not apply in matters of transitional law, even outside the cases governed by this and the following titles, if the similarity to such cases nots to that effect or if the application is, under the given circumstances, by criteria would be unacceptable and fairness.
2 Of Articles 69 to 73 A Except in the following titles, a derogation shall be made on the same grounds as indicated in the preceding paragraph.
Cases which until the date of entry into force of the law were immovable property and were included as such in a herd or execution, if the law notices them as movable, including subsequently, and subject to the law as the duration of the property or the execution, but only up to the delivery to the purchaser.
On movable property which until the date of entry into force of the law were immovable property and had been mortgaged as such, the amount of a pledge shall be secured at that time. The pledge shall, after that date, be associated with movable property that would be subject to the mortgage in the predetermined state of the property under the pre-applicable law. As regards matters referred to in the first and second sentences, the clause referred to in Article 254 (1) of Book 3 shall be deemed to have been made. The amount of the pledge on the cases referred to in the first sentence shall work against the rights and claims arising from the law before its entry into force, against which the mortgage could be relied upon; in respect of the order of precedence, it shall be established as established on the basis of the law. time of the mortgage-related matter.
1 Facts which, at the time of entry into force of the Act, are known from the public records for the goods of the register from an entry or transfer previously or from a note previously placed by the depositary, apply to the application of the law as facts established in accordance with Section 2 of Title 1 of Book 3 have been registered, unless those facts have subsequently been unable to be registered.
2 Article 21 of Book 3 does not have any influence on the ranking of rights that existed prior to the entry into force of the law.
3 The Articles 24 (1) , 25 and 26 of Book 3 shall be subject first three years after the date of entry into force of the law in respect of a matter subject to registration which has been made before that date.
4 The absence of registration of the construction of a network as referred to in paragraph 1 of this Regulation, having been completed before 1 January 1950, Article 20 (2) of Book 5 that at the time of entry into force of that provision has not yet been removed and on rewritable facts which have occurred prior to the entry into force of that provision, and which relate to nets the construction of which does not fall from the public registers is known, is Article 24 (1) of Book 3 Not applicable.
5 With regard to a network as referred to in Article 20 (2) of Book 5 Before 1 February 2007, the period of three years referred to in the third paragraph shall begin to run from the date on which the Article 155a has entered into force.
Unless otherwise provided, a legal act which has been carried out before the law applies to it shall not be void or voidable as a result of a circumstance which, contrary to the law in advance, observes that the law, unlike the prior law in advance, is regarded as a Grounds of invalidity or voidability.
1 An act of law which was voidable up to the time when the law applies to it cannot be destroyed from that date on the grounds of the defect which had been predetermined in advance, if the law does not have such a defect notes as a ground of annihilation.
2 An act as referred to in paragraph 1 shall be retroactively null and void at the time specified therein if the law enacts a legal act of the same defect.
1 An untouchable act shall be retroactively endorsed at the time the law applies to it, if it has complied with the requirements which the law lays down for such a legal act.
2 A pre-void legal act shall be deemed to be voidable from that date if the law enacts the defect which it is lacking as a basis for its voidability. Article 73 A Paragraph 1 shall not apply if the right in advance did not order the invalidity of a fixed period of time.
3 The preceding paragraphs shall apply only if all immediately interested parties which were able to rely on the nullity have previously considered the act to be valid. Rights acquired by third parties, which have now been obtained, do not have to be in the way of ratification, provided that they are respected.
For the purposes of applying Article 52 (1) Ed of Book 3, under the jurisdiction of revocation of a ground of destruction, the jurisdiction to invoke a like ground of destruction already conferred on someone according to the law applicable before the law was applicable.
Article 62 (2) of Book 3 shall apply to a proxy that exists at that time after the date of entry into force of the law.
Article 81 (3) of Book 3 also applies to limited rights which, prior to the entry into force of the law, had already been eliminated by distance and mixing.
1 At the time of entry into force of the Act, a good shall be liable for pledge and transferred to another security, the person to whom the security has been lodged, and shall be charged with the charge of lien for the purposes of the act. Former owner to security.
2 From the date referred to in paragraph 1, the pledge shall have the effect of a pledge corresponding to its application with the ownership of security as it existed.
3 The lien acts against the rights to the property and claims which arose prior to the entry into force of the law, against which the property was capable of being relied upon for security. It shall apply with regard to the order of precedence established at the time when the property was transferred to security.
4 The creditor to whom the rights of a life insurance with a surrender value had been transferred may, from the date of entry into force of the law, waive such an insurance as an insurance holder at the level of his claim for claim to that value on the conditions customary to the insurer.
5 Paragraphs 1 to 4 shall not apply where the debtor was appointed to the debtor for the transfer of the goods to be secured. If the creditor has not yet gone for the year six months after that date, those paragraphs shall be applied as appropriate. If at the said time the debtor is in a state of bankruptcy, those members shall then become applicable only after their expiry, where the property is maintained for security.
6 Agreed terms are subject to the pledge of equivalent application, regardless of whether they can be connected to a lien established after the entry into force of the Act, with the exception of clauses excluded by the law Articles 249-253 of Book 3.
7 From the entry into force of the Act, an obligation to transfer a security which is open to security shall be deemed to constitute an undertaking to establish a pledge of lien. Delivery in advance of the transfer of a security in such a way as to have taken place before that date shall be thereafter as delivery in advance of the establishment of a lien.
8 The parties to an agreement requiring the transfer of goods to be secured shall be subject, if required, to cooperating in the adaptation of that Agreement to the provisions of Title 3.9 of Book 3.
If a conditional undertaking is properly implemented before the date of entry into force of the Act, it shall be obtained under the same condition.
The legal relationship between the person who, at the time of entry into force of the law, is entitled to a good one for a given period of time and who obtains him after him, shall be the provisions on commitments and powers which are to be taken from the date of entry into force of the Act. to the extent that the nature or content of that legal relationship does not preclude such use.
1 Article 86 of Book 3 shall not apply for a period of one year from the date of entry into force of the Act for cases referred to in the first paragraph of the Civil Code in force before that date. At the end of that year, Article 86 (3) of Book 3 shall apply to those cases; the power to recover the cases referred to in the second paragraph of Article 5 (3) shall be deleted. A and B of that provision. Restricted rights established prior to the issue of a case due to its transfer from the transferee to the transferee.
Article 637 of the Civil Code, as applicable up to the date of entry into force of the Act, shall continue to apply in respect of a case which has been lost or lost before that date by a purchaser of good faith in a year-or any other market or a public auction has been obtained.
1 If, prior to the entry into force of the law, a retention of title is stipulated in respect of a case which is subject to a pledge, the property shall be converted into a pledge in accordance with Article 237 of Book 3, in so far as it is Reservation of title shall be a guarantee of satisfaction of claims other than those referred to in Article 92 (2), first sentence, of that book.
(2) From the entry into force of the Act, an obligation to supply goods subject to title to title shall be deemed to be such an undertaking subject to a pledge in accordance with Article 237 of Book 3, if the reservation of title shall be a guarantee of satisfaction of claims other than those referred to in Article 92 (2), first sentence, of that book.
The provisions of paragraphs 2, 3, 5, 6 and 8 of Article 86 shall apply mutatis mutandis.
Provision of a right as referred to in Article 668 of the Civil Code as it was before the date of entry into force of the law, and completed before that time, shall work towards a person against whom it is to be exercised and in respect of whom, prior to that date, the transfer had not been carried out in accordance with Article 668 of the second paragraph, only after the communication has been communicated to him in accordance with Article 94 of Book 3.
1 For the supply of a register, a single instrument may be used instead of a notarial deed, if it has been drawn up and co-signed by a person referred to in paragraph 4, and this person shall have it in the final deed declare whether this has been confirmed in a declaration signed by him at the foot of the deed.
2 Paragraph 1 shall apply mutatis mutandis to the acts referred to in the Articles 195 (1) of Book 3 , 31 (1) and 93 (2) of Book 5 , 250 and 252 (2) of Book 6 and 800 of Book 8 .
3 A person referred to in paragraph 4 may exercise the powers and fulfil the obligations imposed on the titles 1 and 12 of Book 7 have been assigned or dedicated to the notary.
4 If a person referred to in paragraphs 1 and 3, the person to whom Article II of the Law of 28 June 1956, Stb. 376, until the entry into force of the law applicable.
5 Our Minister of Justice may, on the grounds of the importance of the law of law, suspend and revoke such a person; suspension and withdrawal shall be Dutch Official Gazette announced.
6 The conditions and restrictions, pursuant to Article II Second paragraph of the Law of 28 June 1956, Stb. 376, at the time of the ministerial appointment of a person, remain in force.
The time limits referred to in Article 99 of Book 3 shall, when applicable, apply to goods which have not been obtained by limitation periods prior to the application of Article 2000 of the Civil Code, as from the stexpressing of the statute of limitations. a claim for the termination of possession, if such a stexpression had previously been found.
Article 105 of Book 3 shall become applicable one year after the date of entry into force of the law in respect of the person holding a good possession, if the limitation period of the action to terminate that possession is completed; I think it is a good idea not to have obtained it before.
If, at the time of entry into force of the law of his limited right, a rightholder did not use it and the period after which it could, as a result, subsequently become wholly or partly negated, still run, Article 106 of Book 3 shall be year after that date of application.
Possession and holding shall be acquired and lost at the time of entry into force of the Act, if the requirements imposed by the provisions of Title 5 of Book 3 before that date were fulfilled, but the then applicable law to the performance does not covenant. The obligations arising from holdings and houghingshall be taken from that date, but only for the purposes of continuation, the law applicable.
Article 122 of Book 3 shall be applied in respect of the possession and the holding in the period preceding the entry into force of the Act.
Article 177 (3) shall not apply to a right of property or mortgage established prior to the entry into force of the Act.
From the date of its entry into force, the law shall apply to acts relating to the division of a community, to the extent that it has not yet been completed and only for the continuation, except where this would be undone. measures already taken in accordance with the law previously applicable. The law shall not apply in respect of the subject matter of which a judgment has been sought before the act of the law is entered into force.
From the date of entry into force of the Act, Article 181 of Book 3 shall apply to an unqualified person appointed pursuant to Article 1117 of the Civil Code, as previously applied, with the maintenance of the person concerned. applicable remuneration.
Article 194 (2) of Book 3 shall not apply to a community referred to in Article 189 (2) of Book 3 which already exists at the time of the entry into force of the law.
Article 804 of the Civil Code, such as that applied until the entry into force of the Act, shall continue to apply in respect of consumable matters, which were included under a usufruct used before.
Article 204 (2) of Book 3 shall apply to a rule which, at the time of the entry into force of the Act, exists.
Article 221 of Book 3 shall apply to any usufruct that exists at the time of entry into force of the Act, even if at that time the usufruct has already been guilty of serious misconduct in the performance of its obligations.
Article 244 of Book 3 applies to a pledge which is established before the date of entry into force of the Act without limitation to the three-year period mentioned therein. The previous sentence shall also apply to a pledge made by the conversion of ownership in accordance with Article 86 or Article 89.
Article 248 (1) and (3) of Book 3 shall apply mutatis mutandis to the default of a lien which is not also the debtor, in the fulfilment of the obligations which he has taken prior to the entry into force of the law, if not Article 233 of Book 3 shall apply.
The provisions of Article 249-252 of book 3 shall not apply to the extraction of a building if, before the date of entry into force of the law to the payer, the building of the property had already been called upon. Article 253 of Book 3 shall apply if the premises are sold or are residing in the lipahhhh; after this time.
Article 1205 (2) of the Civil Code, such as that applied up to the date of entry into force of the Act, shall continue to apply in respect of debts which exist at that time.
The holders of certificates referred to in Article 259 of Book 3, already in existence at the time of entry into force of the Act, shall obtain a lien at that time in accordance with paragraphs 2 and 3 of that Article.
If, at the time of entry into force of the law since the transfer in the public registers of a delivery instrument for sale or a certificate of separation has not yet expired eight days of free movement, Articles 1227 and 1228 of the Act of Accession of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Civil Code, as applied previously.
Article 1229 of the Civil Code, such as that applied before the date of entry into force of the Act, shall continue to apply to interest on a claim for the security of which a mortgage was established prior to that date.
The Articles 264 , 267 , 267a and 268 , as amended or introduced at the time of Law of 1 October 2014 (Stb. 2014, 352), do not apply to the execution of a registry, a share of it or a limited right to it, the notice of which has been Article 544 of the Code of Civil Procedure has taken place before the entry into force of this Act.
1 On a clause referred to in advance Article 1230 of the Civil Code made before the date of entry into force of the Act, paragraphs 4-8 of Article 264 of Book 3 shall not be of any kind for a period of three years. Application.
2 Article 266 of Book 3 shall not apply for a period of three years from the date of entry into force of the Act to a mortgage established prior to that time.
If a mortgage holder, before the date of entry into force of the Act, has ordered a notary to prepare a public sale pursuant to Article 1223 of the Civil Code as previously approved by the Commission. However, the current rate of duty applicable to such sales shall continue to apply; however, where the allocation is made after this date, Articles 270 to 273 of Book 3 shall apply.
1 The provisions of the law on the order of precedence in which claims from the proceeds of a good are to be satisfied shall apply, subject to the provisions of the law, in respect of claims arising at the time of entry into force of the law. exist.
2 The law does not apply to the order of precedence in the distribution of the proceeds of a good which has already been sold for the purpose of the story at the time of its entry into force, nor of that in the distribution of that on a claim on that Time has already been collected.
(3) The operative part of the Act does not, in the case of existing claims, result in the operation of a payment of a payment, which has previously been provisionally granted to the debtor.
4 The law does not apply to the rank of claims on a debtor declared bankrupt, if it enters into force after the judge ' s office is in accordance with Article 108 of the Bankruptcy Law The day has set the date on which such claims must be submitted for verification.
Article 283 of Book 3 shall not apply in respect of a claim for compensation that exists at the time of entry into force of the Act.
The abolition of privileges on certain goods by the entry into force of the Act does not result in a privilege which had previously been brought to a claim under Article 1185 (3) of the Civil Code, as previously applied. connected. Articles 1190 and 1192 which have previously been in force A of the Civil Code shall continue to apply. The privilege shall take precedence over a pledge established in accordance with Article 237 of Book 3, or that, pursuant to Article 86 (2) or (89), it has the effect of such a pledge.
The period of five years referred to in Article 310 (1) of Book 3 shall not end before 1 January 1997 in respect of the claim for compensation for damage resulting from pollution of air, water or soil.
2 By way of derogation from Article 73, Article 310 (2) of Book 3 shall apply from the moment when it enters into force.
3 What is determined for the events referred to in Article 310 (3) of Book 3 shall also apply if the event has been caught or pre-applied before the date of entry into force of that paragraph.
Article 310 paragraph 5 of Book 3 shall apply to injurious events that have taken place from 1 February 2004.
The period prior to the entry into force of the Act shall be deemed to have been interrupted by a cause which, according to the applicable law, had been caused by the law applicable.
1 By way of derogation from Article 73, the law shall determine the beginning and the duration of a limitation period in cases where the limitation period is extended by or within one year of the entry into force of the Act in accordance with Article 320 of Book 3.
2 Articles 2023-2029 of the Civil Code, as applicable until the entry into force of the Act, shall continue to apply for a period of one year to cases in which they were so applicable, unless there is a grounding to an extension of the Code of Civil Code, which is applicable to the Period of limitation shall exist in accordance with Article 321 of Book 3. At the end of that year, the limitation period shall not be deemed to have been suspended.
From the date of entry into force of the law, Article 323 (1) and (2) of Book 3 shall apply to the extent that a property or mortgage law had not previously been cancelled.
From one year after the expiry of the date of entry into force of the Act, Articles 324 and 325 shall apply from Book 3, if the judicial or arbitral award referred to in Article 324 has been taken before that date.
Article 2010 of the Civil Code, as applied in advance, shall continue to apply if, following the entry into force of the Law, recourse is made to limitation periods pursuant to any of the provisions in force in force 2005 to 2008 of the Civil Code. Code.
Article 5 of Book 4 shall apply mutatis mutandis to debts arising in respect of an estate under the pre-applicable law.
1 Section 2 of Title 3 of Book 4 shall apply only if the deceased is subject to the entry into force of the law Died.
2 Article 899b of Book 4 of the Civil Code, such as that until the time of entry into force of the law However, applicable thereafter, the term of office shall continue to apply in respect of any inheritance that has been open before that date.
Without prejudice to the provisions concerning the nullity and voidability of the previously applicable law, the provisions of Article 79 Certain, not applicable to a disposition of property taken before the date of entry into force of the the law has been created by someone who dies after that time.
1 Is the estate for the entry into force of the law in open cases, a legitimisation may exercise its powers only in accordance with the applicable law.
2 The person who, until the date of entry into force of the law in accordance with the applicable law, was able to exercise his powers as a legitimisation shall retain those powers for a period of one year if the deceased were to have been given at least four years before the date of application of the law. That time has died. If the estate is open later, but before the entry into force of the law, the legitimation shall retain its powers until five years have elapsed since the date of the death of the deceased.
1 If a deceased spouse or his registered partner has made a disposition to the entry into force of the law for the entry into force of the law for the benefit of his/her divorced husband or his registered partner and the estate has subsequently been open, the the claim of a legitimisation, to the extent that it would be charged to the spouse or registered partner, first of all due after the death of the person concerned. The same applies in the case of a disposition of property on the part of another life companion, if it was a common household with the deceased.
2 The first paragraph shall not apply to the extent that the disposition of the disposition of property is different from that of the disposition of property.
The Articles 87 (5) and (6 and 88 of Book 4 shall also apply.
3 On a breakdown made with application of Article 1167 of Book 4 of the Civil Code, as applicable until the time of entry into force of the Act, is after that time. Article 186 (1) of Book 3 of the Civil Code Not applicable.
1 The Articles 119 to 123 , 125 and 130 (3) of Book 4 shall also apply to an estate which has been open before the date of entry into force of the law, if, at that time, debts of the estate, other than to periodic payments, are still unfulfilled.
2 Article 124 of Book 4 shall also apply to an estate which has been open before the date of entry into force of the Act, in so far as it relates to the fruits collected after that date.
In the case of the time of entry into force of the the law a clause is made that a good of a non-table and bed-divorced spouse or of a registered partner under suspensive condition or under suspensive time rule without reasonable consideration on the other spouse or the claim of a legal person is the claim of a legal person, to the extent that it would be charged to the recipient of a registered partner or to pass on, and this clause is applied after the date of death of the person to whom it belongs. spouse or registered partner, due first after his death. The same shall apply in such cases to another single person, provided that the person who is responsible for the good has a common household and the beding in a notarial past marital agreement or any other Notarial deed was made.
The Articles 137 to 139 of Book 4 shall also apply to a making available on the hand, which is contained in a disposition made before the act of the law enters into force. On a making as referred to in Article 928 of Book 4 of the Civil Code, such as that for the time of entry into force of the law gold, remains Article 1036 of Book 4 of the Civil Code, like that before the time of entry into force of the law However, applicable.
On the appointment of an exporter of final decisions of property, done before the date of entry into force of the law, shall be made from that date or, if the executele starts, from that later date, Section 6 of Title 5 of Book 4 -unless the application of the final decisions to the enforcement of decisions by the Court of Justice has not been granted in respect of the right to take possession of the goods in respect of which the goods have been granted, and except where the appointment has been made in such a way as to Section 6 of Title 5 of Book 4 deviate.
A testamentary authority, set up by a disposition drawn up for the moment of entry into force of the law, has been established as of that date or, if the regime subsequently becomes effective, from this later date. Section 7 of Title 5 of Book 4 Subject to derogations from the limits of the provisions of this Regulation.
In the entry into force of the law The heirs shall, by way of automatic succession, follow a deceased person who has previously died in his/her possession and hold, and shall be the debtor of his debts which have not been cancelled with his death; Other, to the extent that that legal effect had not been initiated earlier.
The person who, until the date of entry into force of the the law in accordance with Article 1070 of Book 4 of the Civil Code, as previously applied, has a right of deliberation, this shall retain until the time limit set for that time has elapsed. For extension of the deadline is Article 185 (3) of Book 4 applicable.
1 Upon Liquidation of an estate caught before the date of entry into force of the Act, the provisions of: Section 3 of Title 6 of Book 4 as far as possible thereafter.
2 Section 3 of Title 6 of Book 4 shall also apply, as far as possible from that date, mutatis mutandis to a previously unsettled settlement of an estate:
(a) after the heirs have left the relevant goods to the order of creditors and legataries in accordance with the provisions of Article 1078 (1) of Book 4 of the Civil Code, in force in advance;
b. after acceptance by creditors of the heirs according to the advance in accordance with Article 1107 of Book 4 of the Civil Code;
c. After part of a part of a part of a part of the estate according to the advance notice of Article 1153 of Book 4 of the Civil Code;
d. which was unmanaged, in accordance with the rules laid down in advance Articles 1172 to 1176 of Book 4 of the Civil Code;
e. upon which the previously applicable Article 1081, second paragraph, of Book 4 of the Civil Code application has been found.
Has a legal representative of an heir, or a liquidator appointed by the court, or another one who in the cases, is intended to be Article 137 (2) With its resolution, the creditors of the estate were damaged by the deliberate release of goods intentionally to that effect before the date of entry into force of the law. extracted, then Article 212 of Book 4 of application or corresponding application, if the liquidation or settlement of that estate has not been completed at that time.
In the case of the entry into force of the law a the law Heir summoned to the descending line with a gift or to an extreme will not be relieved of his obligation to contribute to the gift given, shall remain, unless the deceased has subsequently decided otherwise, even after that date. to this effect.
1 At the time of the entry into force of the Act still existing business rights, which were not governed by the Civil Code as previously applied and which were applied under Article 1 of the Law of 16 May 1829, Stb. 29, are retained, are to be registered.
2 The existence of a right as referred to in paragraph 1 may be entered in the public registers provided for in Section 2 of Title 1 of Book 3. Article 24 (1) of Book 3 shall not apply to the absence of registration and to any inwritable facts prior to the entry into force of the Act, and those relating to rights which have not been communicated from the public registers.
3 The rules applicable to them prior to entry into force of the law shall remain applicable to these rights and to rights of tightness and long-term tightness, in so far as the provisions on registry goods do not Otherwise.
4 The right to be used was the property of the soil at which it rests; the person who, until the entry into force of the law, was the owner of the river above that bottom, obtains a limited right to the bottom, that the powers which have previously been granted to him. with respect to the flow.
5 The other rights referred to in this Article shall be subject to their special nature as restricted rights to the case in which they rest.
6 The court may, upon application by the owner of the case subject to the limited right referred to in this Article, amend the contents of that right if it is contrary to the public interest and on the basis of circumstances, if the existence of that right is contrary to the general interest. which are such that the maintenance cannot be required of the owner by the standards of reasonableness and of fairness. The court may assign the claim under conditions to be laid by it; he shall not take into account any circumstances which occurred prior to the entry into force of the law.
7 Paragraphs 1-5 do not apply to burial rights, as regulated in the Act on the funeral services .
1 Articles 5-12 of Book 5 shall apply from the date of entry into force of the Act in respect of movable property which has been found and taken up as unmanaged before that date.
However, the obligations of the finer referred to in Article 5 (1) of Book 5 shall not apply in respect of unprecious items which the finer has found and taken up for more than one year before that date.
3 A year after the date of entry into force of the Act, the finder who has the case and in his power shall obtain ownership thereof if, before the said date, he has the declaration or communication as specified in Article 5 (1) of Book 3. If a municipality has the case in its power, the same shall be done in respect of the finder.
4 Article 86 of Book 3 shall not apply to cases under the first paragraph of the Civil Code which were lost prior to that date, except where they were lost during the year after the entry into force of the Act, except in the case of cases where the Act was in force that year have been sold by the mayor of a municipality or transferred to a third party in accordance with Title 2 of Book 5. At the end of that year, the authority for the recovery of lost cases referred to in Article 5 (2) shall expire. Restricted rights established prior to the loss on a case due to its transfer from the transferee.
5 The legal position of the finder which has acted in accordance with Article 7 of Book 5 before the date of entry into force of the Act shall, at that time, proceed with the obligations attached to it on the person to whom he has the case issued; a right to pay does not arise.
6 Paragraphs 1-5 shall not apply to recovered articles which have been acted upon in accordance with the provisions of the Act prior to the entry into force of the Act. Act on the beach , the General Rules of Procedure for the Transport of the Railways or of the Postal Decision.
The obligation referred to in Article 13 of Book 5 shall not apply if the treasure has been discovered for more than one year prior to the entry into force of the Act.
At the time of the entry into force of the Act, the person who was the owner of a case shall lose ownership thereof if the facts set out in Article 19 of Book 5 were completed at that time.
From the date of entry into force of the law, the person who was the owner of a water is the owner of the soil under that water. A limited right to such a water comes to rest on that bottom.
1 Article 20 (2) of Book 5 shall, from the date of entry into force of this paragraph, also apply to a network which has been previously established or is being constructed at that time.
2 If a party at whose expense is a net built into its land and for whom it is used within two years from the date of entry into force of the law amending the Telecommunications Act in connection with a revision of national policy with regard to the construction of cables serving public electronic communications networks (Stb). 2007, 16), a requirement has opened to determine ownership of that net and that party has registered this fact in the public registers as intended in Article 16 of Book 3 of the Civil Code , is Article 20 (2) of Book 5 not applicable until this requirement has been irrevocably decided on whether this requirement has been withdrawn.
1 The person who acted as owner on 1 February 2007 shall be responsible for the construction of a network as intended Article 17 (1) (k) of Book 3 to register in the public registers and, as owner, to transfer and raise objections.
2 If the registration is published in the public registers in the Dutch Official Journal and published in a national newspaper, third parties are entitled to claim the net or the right to claim it after one year from the beginning of the day. next to the day of the last of these publications, unless the third party within this period provides for a summons relating to a claim brought by it Article 27 of Book 3 have registered to register in the public registers. The right of third parties to compensation, if any, remains in place.
3 For three months from the beginning of the day following the date of the last of the publications referred to in the second paragraph, the network shall not be subject to transfer and encumbrance. Third parties may, during this period, register a summons as referred to in the second paragraph or an exploot referred to in paragraph 5 in the public registers.
4 The person acquiring or encumbrance on the net after the expiry of the period referred to in the third paragraph shall not be entitled to rights of third parties, unless the third party before the transfer or encumbrance has A summons as referred to in the second paragraph or an exploot referred to in paragraph 5 shall have registered or the transferee recognised the right of the third party.
5 An expener referred to in paragraph 3 and paragraph 4 shall be made to the person who obtained the invitation to tender referred to in paragraph 1 and shall mean that the third party reserves the right to have a period of one year within the period specified in the second paragraph. Summons as referred to in that paragraph to be registered in the public registers.
6 The publications referred to in paragraph 2 may be entered in the public registers.
The extension of the territorial sea after the entry into force of the law will not have the effect of including the property of its soil as well as the permanent construction and work of that country.
From three years after the date of entry into force of the Act, Articles 29 and 34 of Book 5 shall determine who is the owner of the strips of land along the line of a water, unless before that time the limit is to the delimitation agreement. the Court has established whether Article 31 of the Book 5 application has been applied or has subsequently been applied for the purpose of committing the commitment referred to in Article 32 of the Book of the Book of the European Union. Article 30 of Book 5 shall apply mutatis mutandis to the fixation of a border by a delimitational contract concluded prior to the entry into force of the Act.
Article 35 of Book 5 does not apply to the extension of a dune due to overstucting by the wind prior to the entry into force of the law.
From its entry into force, but only for the continuation, the provisions of the law applicable to the obligations of the civil rights law shall apply.
The entry into force of the Act does not alter the rights, powers and obligations relating to a neighbouring country which has arisen previously; Article 24 (1) of Book 3 does not apply to the destination until such a neighbouring country.
Unless a limited right brings something else, the owner of a yard shall be obliged to bring the existing situation into line with the subsequent detention at the time of the entry into force of the act on the action of a detention without any limitation. Title 4 of Book 5 can be claimed. However, if that condition is in accordance with the previously applicable law, the owner of the erf may require that the change be not made than at the costs of the detention and at the expense of the preceding payment or to be paid by it. damages.
When the law comes into force, mandeliness exists, if, as a then, the requirements set out in Article 60 of Book 5 are fulfilled. At that time an arbitral wall, a fence or a hedge is common and mandelig if the requirements of Article 62 of Book 5 are fulfilled.
If, prior to the entry into force of the law, an inherited service has been created by destination or revival, it may be registered in the public registers provided for in Section 2 of Title 1 of Book 3. Article 24 (1) of Book 3 shall not apply to the absence of registration and to any inwritable facts prior to the entry into force of the Act, and those relating to rights which have not been communicated from the public registers.
If, prior to the entry into force of the law, an erf belongs to two or more persons, or as owners of several parts thereof, Article 77 (1) of Book 5 shall apply to them in respect of the following: pecunious obligations arising from the entry into force of the Act.
A hereditary service already existed at the time of entry into force of the Act cannot be lifted pursuant to Article 78 of Book 5. In the event of a claim for amendment, the Judge shall not take into account any circumstances which occurred before that date.
Article 766 of the Civil Code applicable before the date of entry into force of the law shall apply mutatis mutandis to a land lease before the date of entry into force of the law; however, the denunciation shall be carried out in the case of exploit.
A member of the family may only terminate a lease which, at the time of entry into force of the law, would have been to the extent that he would have been subject to the right to terminate or to a unilateral waiver previously applicable. Article 88 of Book 5 shall apply except in so far as a different period for denunciation or distance was negotiated.
If, prior to the entry into force of the law, a member of the family belongs to two or more persons, or as owners of different parts of the case, Article 92 (1) of Book 5 shall apply for the first time to the following: regard the first canon to be due after the entry into force of the Act.
A land lease which existed at the time of entry into force of the law cannot be lifted pursuant to Article 97 (1) of Book 5. In the event of a claim for amendment, the judge shall not take into account any circumstances which occurred before that time.
Article 99 of Book 5 shall not apply to a lease which exists at the time of entry into force of the law.
The provisions of Articles 166 to 169 shall apply mutatis mutandis to a right of stabbation in the same cases where those articles apply to the right of succession and to the extent that the right to succession is subject to the rules applicable to the succession.
1 Article 110 of Book 5 shall, from the entry into force of the Act, also apply to a split which has previously taken place.
2 In so far as the provisions of the act of division into apartment rights, the rules of procedure, Article 111 Ed of Book 5 Including, from an association of owners at the time of entry into force of the Act, deviating from the provisions of Section 2 of Title 9 of that book , the latter shall not apply to that association of owners for three years after that date.
3 On the liquidation of the assets of an association of owners, which has not yet been completed at the time of entry into force of the Act, the Articles 23-24 of Book 2 of the Civil Code having regard to Article 147 (2)-(4) of Book 5 -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.
4 On a split that has taken place before the time when the law enters into force, Article 113 (1), second sentence, of Book 5 Not applicable.
5 On a split which has taken place before the time of entry into force of the Act, Article 118a of Book 5 does not apply for three years after that date.
6 At associations of owners who do not agree upon the entry into force of the Act Article 126 (1), second sentence, of Book 5 , if the reserve fund is maintained, that provision shall not apply for three years after that date.
7 On a split which has taken place before the date of entry into force of the paragraphs 1-3 of Article 139 of Book 5 As these Members were amended by the Law of 19 February 2005, amending Title 5.9 (Appartyrights (Stb. 89), it shall not apply for a period of three years after that date.
1 Is decisive for the application or inapplicability of the provisions of the law of liability and compensation, whether a damage before or after the entry into force of the law, and it does not appear, is decisive, or the damage to or after the entry into force of the Act has become known.
2 Liability for damage that arose or become known after the entry into force of the Act shall be assessed, including with regard to its size, to the applicable law in advance if that damage arose from the same event as an earlier injury suffered by the injured party to which that law was applicable. The same applies to liability for a person's death after the time of entry into force of the law as a result of injury before that time arose.
The conversion of a natural obligation into a law enforceable by a disposition of property is not subject to the requirements of Article 5 of Book 6, if this Decision was made before the act of the Act, but subsequently is to be implemented.
1 Articles 10-13 of Book 6 shall not apply if, prior to the entry into force of the law, a debt, whether or not with the costs, to be charged to a principal debtor or a third party has been partially or partly to be debunked for more than the part of the section It's on him.
2 Articles 6 to 9 and 14 of Book 6 shall not apply to bail or negotiated bondage established prior to the entry into force of the law as a joint debtor, who is not liable for the debt to the principal debtor in relation to the principal debtor. concerns.
3 The person who was held by the prior right in addition to another person liable and who was subject to the law of redress may also exercise that right, if his guilt is only after the entry into force of the law. It is met and the law does not grant him any redress.
If a performance due to two or more creditors has not been paid in whole or in part before the date of entry into force of the Act, then Section 3 of Title 1 of Book 6 applies to it, unless before that date payment has been made.
The entry into force of the law shall give rise to the claims referred to in Articles 33, 36 and 42 of Book 6 where the conditions laid down in those Articles have been fulfilled and the right in advance does not award a claim of such a kind. The period of limitation of such claims shall be counted as having been commenced at the time of completion of the requirements referred to in those Articles, but shall not be completed until a year after the entry into force has elapsed.
Article 41, introductory wording and part B , of Book 6 does not apply to commitments to delivery of a case to the species arising from a law arising prior to the entry into force of the Act.
Article 50 (1) of Book 6 shall not apply if, prior to the entry into force of the Act, no more than two consecutive receipts have been issued.
The law provides for its entry into force, or a power to suspend the performance of a commitment, including a lien.
Articles 66-71 of Book 6 shall not apply to any offer of payment or custody, before the entry into force of the Act, and subject to the provisions of Articles 1440-1448 of the Civil Code.
If a debtor has failed to comply with his undertaking prior to the entry into force of the law, the law does not apply to the effects of the deficiency, even if the deficiency is subsequently continued.
Article 83 of Book 6 shall not apply to the expiry of a period of time as referred to in Article 83 (1) A of that Article, arising from a legal relationship arising before the date of entry into force of the law, nor of non-compliance with an undertaking existing at that time as referred to in the B of that article.
The Articles 96 (4) , 119a paragraphs 4 and 5 and 119b of Book 6 shall not apply to contracts concluded before the date of entry into force of these provisions.
Article 130 of Book 6 shall not apply in respect of a claim which had been passed on to another person before the date of entry into force of the Act, whether it had been seized before that date or established a limited right.
Unless otherwise provided by the legal relationship between the Parties, the claims and repayments of funds entered in an account as referred to in Article 140 of Book 6 prior to the date of entry into force of the Act shall be entered in the accounts. declared at that time to the extent that it had not been done before, in the order in which they had become susceptible to a comparison under the previous law; from that point in time, only the balance is due.
The powers of enforcement of an enforceable title in respect of a claim and its ancillary rights shall come from the date of entry into force of the law to the person to whom the claim has been made before that date, unless the previous one is to He has already taken action to exercise his or her power.
The first paragraph of Article 1438, introductory wording and below 2 °, of the Civil Code shall apply even after the law is brought into force if the purchase has previously been closed. The mortgages of creditors whose rights have been sub-associated with the buyer shall remain in place, in so far as this is necessary for the exercise of those rights by the purchaser.
Articles 151 and 152 of Book 6 shall not apply to a subrogation after the entry into force of the Act, if subrogation has already been made in advance of the same claim.
If, before the date of entry into force of the law, a legal act has been carried out under a binding condition, which has resulted in the nullifying of a commitment by blending in that time, the fulfilment of that condition shall be the condition after that time revive the undertaking.
1 Article 174, third member, of Book 6 , as it is to be read after the entry into force of the Mining Act , does not apply if the event that caused the damage before the entry into force of the Mining Act has taken place.
2 Article 177, fourth paragraph, of Book 6 , as it is to be read after the entry into force of the Mining Act , does not apply if the damage has become known prior to the entry into force of the Mining Act .
In the event of the emergence of an action against undue payment or unjust enrichment, the legal relationship between the parties is governed by the law applicable before the law enters into force, Sections 2 and 3 of Title 4 of this Article shall be Book 6 does not apply to it.
Section 2B of Title 5 of Book 6 and the related changes or inserts of the Articles 5 , 6 , 7 , 9 , 11 , 13 , 19a and 67 of Book 7 by the Implementation Act Consumer Rights Directive (Stb. 2014, 140) shall not apply to agreements concluded before the date of entry into force of this Act. These agreements remain in force in advance. Section 9A of Title 1 of Book 7 of the Civil Code applicable.
1 Section 3 of Title 5 of Book 6 is applicable on general terms and conditions which are already used by a party in its agreements at the time of entry into force of the Act, after a year has passed after that date. During that period, the Act shall not apply to amendments to those conditions after the entry into force of the Act.
2 By way of derogation from Article 79, a clause in general terms may be part of an agreement, after the expiry of the period referred to in paragraph 1, in accordance with Section 3 of Title 5 of Book 6 shall be destroyed; this destruction shall have not, however, operate over the period prior to the entry of that section, unless the clause was already voidable or null and void.
Article 78 shall not apply to a clause referred to in Article 252 of Book 6, which shall be known from the public registers at the time of entry into force of the Law; the legal effects of Article 252 of Book 6 and Section 2 of Title 1 of Book 3 to register in the public registers only to be entered in the register after this date.
Articles 253 (2) and (254)-256 of Book 6 do not apply to a clause for the benefit of a third party, which already exists at the time of entry into force of the law.
From the date of entry into force of the law, Article 257 shall apply to a subordinate whose conduct has led to liability before that date.
In the case of a claim for amendment or termination of an agreement as referred to in Articles 258 and 259 of Book 6, the courts shall not take into account, in the application of those articles, a change in the circumstances which before it The Act has taken effect.
1 On agreements of sale and exchange which are closed before the date of entry into force of the Act, Title 1 of Book 7 as applicable, one year after that date.
2 By way of derogation from paragraph 1, the provisions of Title 1 of Book 7 on consumer purchase not applicable to a consumer purchase which was closed before that time.
3 By way of derogation from paragraphs 1 and 2 Title 1 of Book 7 applicable to the consequences of failure of a Member State to fulfil its obligations in the event that one of the parties fails to comply with one of its obligations following the entry into force of the law, unless that failure is a continuation of a previous deficiency. Section 8 of Title 1 of Book 7 shall apply to the right of advertising exercised after the law has been brought into force; if it has been applied before, the applicable law shall remain applicable to it.
4 Article 7 shall apply only to the consequences of the transmission of a case or of the provision of a service which is carried out after the act of the Act comes into force.
5 Article 6a of Book 7 does not apply in the case of a consumer purchase concluded prior to the entry into force of the Act.
6 By way of derogation from Article 79 can be a beding on the ground of struggle with Article 25 (2) of Book 7 shall be destroyed after expiry of one year from the date of entry into force of the law; however, such destruction shall not have any effect on cases provided to the seller before the expiry of that period.
The Articles 2 , 3 , 8 and 26 members 3-5 of Book 7 shall not be applicable to contracts concluded before the date of entry into force of these provisions.
1 Articles 48 A -48 P. and 48 G of Book 7 shall not apply to contracts concluded before the date of entry into force of these provisions.
2 Article 48 f. of Book 7 shall apply from the time when it enters into force.
Title 1A of Book 7 shall not apply to contracts concluded prior to the entry into force of this Title.
1 The provisions of Section 9A of Title 1 of Book 7 as they applied until the entry into force of the Implementation Act Consumer Rights Directive (Stb. 2014, 140) shall not apply to contracts concluded prior to the date of entry into force of those provisions.
2 By way of derogation from paragraph 1, the Articles 46c (1) , 46g and 46h of Book 7 as they applied until the entry into force of the Implementation Act Consumer Rights Directive (Stb. 2014, 140) shall apply from the time when they enter into force.
Title 2D shall not apply to agreements entered into for the entry into force of that Title.
On a reign instituted in connection with the eleventh title of Book 7A of the Civil Code, such as this one until the time of entry into force of the the law In effect, from the date of entry into force of the Act, Section 7 of Title 5 of Book 4 applicable mutatis mutandis, except in so far as they have been subject to derogations from the regime in the regime.
Procedures relating to contracts for hire and hire, which shall be served on the opening of the summons or the opening application for the time of entry into force of the proceedings of the Court of Appeal of the European Parliament Title 4 of Book 7 , shall be governed by the law applicable before that date, including a requirement that is or is to be made by way of a convention.
Provisions which result in the nullity or the destruction of a clause in a tenancy agreement shall be effective from the date of entry into force of the contract. Title 4 of Book 7 applicable at the time of lease existing at that time.
Article 215 of Book 7 In so far as it concerns changes and additions on the external side of rented accommodation, does not apply to tenancy agreements concluded before the date of entry into force of the Agreement. Title 4 of Book 7 are closed.
Insofar as changes in the establishment or the guise of the rented are concerned, to which the lessee is competent only with the permission of the lessor, Article 215 of Book 7 applicable, if the lessor is at the time of entry into force of Title 4 of Book 7 a request from the tenant to give that consent has not yet been answered, provided that this request has not been made more than three months before that time. In that case, the Article 215 (2) shall not be allowed to run until the date of entry into force.
Article 220 (2) of Book 7 shall not apply if the reasonable proposal required by this paragraph has been made under the prior right.
Article 221 of Book 7 does not apply to leases held before the date of entry into force of the Title 4 of Book 7 are closed.
Article 224 (2), second sentence, of Book 7 does not apply to leases that apply to the entry into force of the Title 4 of Book 7 are closed.
If the tenant for the entry into force of Title 4 of Book 7 died, but at the time of entry into force six months after the death had expired and the six months period provided for in Article 229 (2) of Book 7 , within three months of the date of entry into force of that date, that period shall be extended to three months after the date of that date.
For the period of two months referred to in Article 230a (1) of Book 7 , the time taken after the time at which the removal was taken, shall be counted but before the date of entry into force of the entry into force of the Title 4 of Book 7 has expired.
The Articles 250 to 254 of Book 7 shall not apply to proposals for rent change made before the date of entry into force, if the proposed date of entry is prior to that date, nor to the related requests to the rental commission as intended in the Articles 253 and 254 of Book 7 , if they have been submitted on or after the date specified for this purpose.
The Articles 259 and 260 of Book 7 from the date when the entry into force of the entry into force of Title 4 of Book 7 One calendar year has elapsed.
Article 270a of Book 7 shall not apply if the continuation of the rent for the entry into force of Title 4 of Book 7 Started.
On tenancy agreements entered into before the entry into force of the Articles 271 , 274 , 274a to 274f , 275 and 277 of Book 7 , like this one by the Law Permeable Rental Market 2015 are to be replaced by the provisions of Title 4, Section 5, Subsection 4 of Book 7 of the Civil Code applicable as from the day before the entry into force of the said Articles.
The obligation to pay compensation for the damage of the sub-tenant, Article 278 (2) of Book 7 , may not be fully or partly founded upon conduct by the main tenant who took place before the entry into force of that article.
Obligation to compensate for damage to the sub-tenant referred to in Article 306 (2) of Book 7 , may not be fully or partly founded upon conduct by the main tenant who took place before the entry into force of that article.
Article 407 of Book 7 shall not apply to an agreement of the Community which was concluded before 1 January 1992.
1 In the case of agency contracts which have been concluded before 1 November 1989, the applicable law shall continue to apply until 1 January 1994.
2 In determining the allowance referred to in Article 442 of Book 7, the higher value provided by the commercial agent to the principal in the period before 1 January 1971 shall be disregarded if the agency contract is before 1 January 1971. 1994 ends.
3 [ Red: Change the Law of 23 March 1977, Stb. 153, and the Law of 5 July 1989, Stb. 312.].
1 Title 2A shall not apply to credit agreements which have been concluded prior to the entry into force of this Title.
2 To credit agreements with an indefinite maturity which at the time of the entry into force of Title 2A have already been running, from that date onwards the Articles 62 , 63 , 65 , 69 and 70 (2) applicable.
Article 665a of Book 7 shall not apply if the decision to transition is taken or planned before the date of entry into force of this provision and the transition is to take place at or after the time of the date of transition.
1 In respect of the person whose first day of incapacity for work is due to sickness before 1 January 2004, the Articles 629 (1) to (9) and (11) , 629a and 670, with the exception of paragraph 1, of Book 7 applicable, as they were in place on 31 December 2003, and remains Article 658b of Book 7 external application.
2 For the purpose of determining the first day of incapacity to work for sickness, as referred to in the first paragraph, periods of incapacity for work shall be regarded as constituting the same, uninterrupted period of incapacity for work, if they follow each other with a break of less than four weeks or if they immediately preceme and join a period during which maternity or maternity leave is enjoyed in accordance with Article 3:1, 2nd and 3rd member, of the Law of Work and Care , unless the unsuitability cannot reasonably be assumed to result from the same cause.
1 To contracts of the adoption of works which before the date of entry into force of Title 12 of Book 7 closed, this Title shall apply for three years after that date.
2 By way of derogation from paragraph 1, the provisions of Section 2 of Title 12 of Book 7 does not apply to an agreement of the adoption of work concluded before that date.
3 By way of derogation from paragraphs 1 and 2 Title 12 of Book 7 applicable to the consequences of failure to fulfil obligations in the event that one of the parties fails to comply with any of its obligations after the entry into force of this Title, unless that deficiency is a continuation of a previous deficit a.
1 The Sections 1 and 2 of Title 14 of Book 7 shall not apply to a guarantee already in existence at the time of the entry into force of the Act.
2 Section 3 of Title 14 of Book 7 shall not apply to the consequences of the bail-out between the principal debtor and the guarantor and between the guarantors and the non-debtors liable to the undertaking, if before the entry into force of this The law has been paid to the creditor.
1 The Articles 928 , 931 , 950 , 952 , 963 paragraphs 5 and 6 and 966 (4) of Book 7 shall not be applicable to insurance contracts concluded before the date of entry into force of the Act. If the conditions of the agreement have been modified by the insurer for the entry into force of the Act or on or after the time of entry into force of the Act, it is determined in the first sentence for the paragraphs 5 and 6 of Article 963 of Book 7 Not applicable to measures subsequently taken as referred to in Article 957 of Book 7 .
2 The Articles 929 and 930 of Book 7 shall not apply to insurance contracts concluded before the date of entry into force of the Act, if the insurer relies on it to the insured person within one year of the date of expiry of that date; The co-division lamp of Article 251 of the Code of Commerce has not been met.
3 The Articles 935 , 936 (2) to (6) and 937 of Book 7 shall not apply in respect of a benefit which has become due before the date of entry into force of the Act.
4 Article 940 (2) of the second subparagraph of Book 7 shall apply if a period such as that referred to in those paragraphs ends after the date of entry into force of the Act.
5 Article 948 of Book 7 shall not apply if a transition from the risk has taken place before the date of entry into force of the Act.
6 Article 954 of Book 7 shall not apply to the extent that a benefit is satisfied before the date of entry into force of the Act.
7 In the case of damage covered by more than one insurance, the insurer whose insurance is closed before the date of entry into force of the Act may not be at the foot of the contract. Article 961 (1), first sentence, of Book 7 shall be addressed to the extent possible in the light of the previously applicable law. The first sentence shall be exceptional if the conditions of the agreement have been amended by the insurer for the entry into force of the Act or on or after the date of entry into force of the Act, but only to the extent that it is the risk of having taken place afterwards.
8 Article 962 paragraph 3 of Book 7 shall not apply if the risk has materiestablished prior to the date of entry into force of the Act.
9 On fire hazards of fire closed before the date of entry into force of the Act, it remains in advance. Article 293 of the Code of Commerce also after this time of application.
10 If, before the date of entry into force of the law against an insurer, a claim for benefit has been incurred, Article 942 paragraph 3 of Book 7 shall apply only if an act of negotiation is carried out after that date.
Article 991 paragraph 1 of Book 7 shall not apply if a benefit has become due before the date of entry into force of the Act.
Article 629 (2) of Book 7 As it was stated on the day before the entry into force of the Article XIX of the 2007 Tax Plan shall continue to apply in respect of a right to payment of the wage or salary referred to in the paragraphs 1 or 2 of Article 629 of Book 7 , if that right is created on or before that day.
Article 640a of Book 7 applies only to claims at the minimum specified in the Article 634 of Book 7 , which arose after the entry into force of the Act of 26 May 2011 on the abolition of the limited structure of minimum holiday rights during illness, the introduction of a period of expiry of the minimum holiday period and the adjustment of any other articles in the scheme for holidays and leave in Book 7 of the Civil Code (Stb. 318).
The contracts of carriage and the transport of goods and other agreements to the making available of a vessel shall be governed by the former law if they are closed before the date of entry into force of the said goods. Steps of Book 8. The same shall apply to the legal rights and powers which a third party may borrow in a transport document and the legal obligations incumbent upon him in respect of that document, if that document is issued before that date.
The contracts for the carriage of goods only on railways shall be governed by previous law, if they are concluded before the date of entry into force of the law establishing and implementing the goods. Title 8.18 (Freight Transport Agreement) of the Civil Code .
1 The provisions of Book 8 on the order of precedence in which claims arising from the proceeds of a good are to be satisfied shall be applied in respect of claims existing at the time when that Book enters into force.
2 However, the former law applies to the order of precedence in the distribution of goods which have already been sold for the purpose of the story at the time of entry into force of Book 8, and to the distribution of that claim at that time. has already been collected.
3 The former law also applies to the rank of claims on a debtor declared bankrupt if Book 8 comes into force after the judge-commissioner is in accordance with the law. Article 108 of the Bankruptcy Law The day has set the date on which such claims must be submitted for verification.
(4) The entry into force of Book 8 does not, in the case of existing claims, result in the operation of a payment of a payment, which has previously been provisionally granted to the debtor.
1 On machine tools and other machineries which until the date of the entry into force of Book 8 were not yet a constituent of a ship and belonged to a ship other than the owner of the ship, Article 1 (3) of Book 8 shall not be applicable.
2 Cases before the entry into force of Book 8 of a mortgage with a mortgage have subsequently been taxed if they do not become a ship of ship within the meaning of Article 1 (4) of Book No 8, as long as they satisfy the requirements of the Description of the pre-applicable Article 309 third member of the Commercial Code .
Three cases which, until the date of the entry into force of Book 8, were appropriate and included in a herd or execution, remain, even after they have become independent, including and subject to funds, as long as they are seized and take execution, up to the delivery to the buyer as ship-disposal.
4 The provisions of Article 1 (5) of Book 8 shall apply three months after the entry into force of Book 8, to clauses which have already existed between the parties, and to cases which, by reason of the entry into force of Book 8, are to be applied ship-related equipment.
1 For the supply of an inland waterway vessel or a restricted right in the register, a single instrument may be used, in the place of a notarial instrument, if it has been drawn up and co-signed by a Minister of the European Parliament The judicial authority referred to in paragraph 3 and that person shall, in the end of the act, declare that he or she has confirmed it in a declaration signed by him at the foot of the act.
2 Paragraph 1 shall apply mutatis mutandis to acts referred to in Article 800 of Book 8.
3 Persons sworn in by the Arrondissementsrechtbank, before 1 April 1991, as a broker in an inland waterway vessel, shall be designated by their request within one year of the entry into force of this Act.
Article 160 (1) of Book 8 shall apply three months after the date of entry into force of that Book and shall apply to a shipower as defined at that time as defined in advance. Article 323 of the Code of Commerce .
The collision which took place before the entry into force of Book 8 shall be governed by the former law. The same shall apply to damage caused by a ship, if the accident occurred before the entry into force of Book 8.
An aid which has been started before the entry into force of Book 8 shall be subject to the former law.
1 The limitation period and the lapse of legal action of which the period was determined by the Code of Commerce , the Wet Agreement Road Transport or the Wet Agreement Domestic Public Passenger Transport, shall continue to be governed by previous law if the period prior to the entry into force of Book 8 has been caught.
Articles 201 and 791 of Book 8, as amended by the Adaptation Act, No 8, shall apply from 1 April 1992, if the time limits specified therein are to be applied before 1 January 1992, to the time-limits of the said Directive. a period of limitation of the ownership of maritime and inland waterway vessels in the public register and of the limitation period of the restricted rights referred to in those Articles. Those time limits shall be deemed not to have been completed before 1 April 1992.
3 The acquisition of a tebookstanding aircraft by limitation period, the period of which was determined by the Act Airliners, shall remain governed by that law if the period prior to the entry into force of Title 15 of Book 8 is to be entered into force Caught.
Article 56 of Book 10 shall only apply to dissolution of the marriage or separation of the table and bed that has been requested after the time of entry into force of this Act.
This law can be cited as: Transitional Law New Civil Code.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 3 April 1969
JULIANA.
The Minister of Justice,
C. H. F. POLAK.
Published on the 28th of April 1969.The Minister of Justice,
C. H. F. POLAK.
