Dutch Legislation

Title 19

in force

Protective property administration for adults (bewind)

Civil Code — Book 1 (Burgerlijk Wetboek Boek 1) · Articles: 21

Section None

Protective property administration for adults (bewind)

1:431 Article 1:431

The subdistrict court may establish a protective trust (bewind) over one or more of the assets that belong or will belong to an adult as the person…

1:432 Article 1:432

The institution of protective administration (bewind) may be petitioned for by the person whose property is to be placed under administration, his…

1:432a Article 1:432a

This Article shall apply if the municipal executive (college van burgemeester en wethouders) of the municipality where the person entitled…

1:433 Article 1:433

Unless otherwise provided for at the commencement of the protective administration (onderbewindstelling), the administration also includes the assets…

1:434 Article 1:434

In decisions as referred to in Articles 432 and 433, paragraph 2, of this Book, the court shall determine ex officio which assets are to be placed…

1:435 Article 1:435

The court that orders the protective administration shall appoint an administrator (bewindvoerder) at the same time or as soon as possible…

1:436 Article 1:436

The administrator is obliged to draw up a description of the assets subject to the administration as soon as possible and to file a copy thereof at…

1:437 Article 1:437

The court may appoint two administrators, unless well-founded reasons oppose such an appointment.

1:438 Article 1:438

During the administration, the management of the assets under administration does not belong to the person entitled, but to the administrator.

1:439 Article 1:439

If a juridical act is invalid because it was performed by or addressed to the person entitled to the property (rechthebbende) despite the…

1:440 Article 1:440

Debts arising from an act performed during the administration with or towards the person entitled, other than in accordance with Article 438…

1:441 Article 1:441

During the administration, the administrator (bewindvoerder) shall represent the person entitled (rechthebbende) in and out of court in the…

1:442 Article 1:442

If a person has performed a legal act in the capacity of an administrator (bewindvoerder), the rights and obligations of the counterparty shall be…

1:443 Article 1:443

The administrator (bewindvoerder) may, before acting in legal proceedings, for his own accountability, be authorised by the person entitled…

1:444 Article 1:444

An administrator is liable towards the person whose assets are under administration if he fails to exercise the care of a good administrator, unless…

1:445 Article 1:445

The administrator shall, unless other periods have been determined, render an account and justification (rekening en verantwoording) annually and at…

1:446 Article 1:446

Insofar as the subdistrict court (kantonrechter) does not provide otherwise, upon the rendering of the periodic account and justification, the net…

1:446a Article 1:446a

The administrator shall, every five years or at such earlier intervals as the subdistrict court determines, report to the latter on the progress of…

1:447 Article 1:447

The administrator is entitled to remuneration in accordance with the rules established in that regard by regulation of Our Minister of Security and…

1:448 Article 1:448

The task of the administrator ends:

1:449 Article 1:449

The administration ends upon the expiry of the period for which it was established and by the death or the placement under curatorship of the person…