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Law of 22 November 2006 amending Book 1 of the Civil Code in connection with recasting of the division of powers between courts and cantoncourts, as well as of Article 12 of that Book and of Article 268 of the Code of Civil Society Legal action
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration that it is desirable to do so. Book 1 of the Civil Code to amend the division of powers between the court and the court of cantonal courts and, in addition, to amend the scope of Article 12 of that Book limiting and related Article 268 Code of Civil Procedure to be amended;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 As regards legal proceedings, which are already pending before the court of cantonal courts on the date of entry into force of this law and which come to the notice of the courts after the entry into force of this law, the court judge shall remain competent to do so.
2 With regard to legal proceedings, which are already pending before the courts at the date of entry into force of this Act and which come to the knowledge of the court of cantonal courts after the entry into force of this law, the court shall remain competent to do so.
3 The first sentence of Article 12, fourth paragraph, of Book 1 of the Civil Code , as it is expected to be by this law, applies to curates, to the winds of the same kind as intended for the purpose of Title 19 and mentorships as intended in Title 20 of Book 1 of the Civil Code , which entered into force before the date of entry into force of this Law only if, before the date of entry into force of that law, the cantonal judge referred to in the first sentence of that law was the sole authority of the court of justice of the qualified. Article 268, 2nd paragraph, of the Code of Civil Procedure shall apply mutatis mutandis.
This Law shall enter into force on a date to be determined by Royal Decree.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 22 November 2006
Beatrix
The Minister of Justice
,E. M. H. Hirsch Ballin
Published on the thirtieth of November 2006The Minister of Justice
E. M. H. Hirsch Ballin