Title 1
in forceGeneral provisions
Section 1
Definitions
Property (goederen) comprises all things (zaken) and all patrimonial rights (vermogensrechten).
Things are the material objects susceptible to human control.
Animals are not things.
Immovable are the land, the minerals not yet extracted, the plants connected to the land, as well as the buildings and works that are permanently…
Anything that according to common opinion (verkeersopvatting) forms part of a thing is a component part of that thing.
Household effects (inboedel) means the entirety of movable property serving as household goods and for the furnishing and decoration of a dwelling…
Rights which, either separately or together with another right, are transferable, or which are intended to provide the person entitled thereto with a…
An accessory right (afhankelijk recht) is a right that is linked to another right in such a manner that it cannot exist without that other right.
A limited right is a right derived from a more comprehensive right, which is encumbered with the limited right.
Natural fruits are things that are classified as fruits of other things according to common opinion (verkeersopvatting).
Registered property (registergoederen) are assets for the transfer or creation of which registration in the public registers designated for that…
Good faith of a person, required for any legal effect, is absent not only if he knew the facts or the law to which his good faith must relate, but…
In determining what reasonableness and fairness (redelijkheid en billijkheid) require, account must be taken of generally accepted principles of law…
A person to whom a power belongs may not invoke it to the extent that he abuses it.
A power granted to a person under civil law may not be exercised in conflict with written or unwritten rules of public law.
Articles 11-14 apply outside the field of property law, insofar as the nature of the legal relationship does not oppose such application.
Section 1A
Electronic legal transactions in property law
As well as a qualified electronic signature as referred to in Article 3, point 12, of Regulation (EU) No 910/2014 of the European Parliament and of…
Outside the law of property, Article 15a shall apply mutatis mutandis, insofar as the nature of the juridical act or of the legal relationship does…
A person providing a service of the information society shall make the following data easily, directly and permanently accessible to those who make…
If commercial communication forms part of a service of the information society or constitutes such a service, the person on whose behalf the…
Those who provide or use information society services may address a legal person to be designated by Our Minister of Justice in agreement with Our…
Section 1B
The keeping of records
Any person who carries on a business or independently practices a profession is obliged to keep records of their financial position and of everything…
Disclosure of books, documents and other data carriers belonging to an administration may be claimed, insofar as they have a direct and sufficient…
Section 2
Registrations concerning registered property
Public registers shall be maintained, in which facts relevant to the legal status of registered property are recorded.
Apart from those facts for which registration is possible pursuant to other statutory provisions, the following facts may be registered in these…
If documents are presented to the registrar for registration, he shall provide the person presenting them with a proof of receipt, stating the nature…
If the documents required for a registration are presented, the presented documents satisfy the statutory requirements and other statutory…
The registrar shall refuse to make an entry if the requirements referred to in Article 19, paragraph 1, have not been met. He shall record the…
The priority of registrations relating to the same registered property is determined by the chronological order of the times of registration, unless…
When a fact has been entered into the registers, the validity of the entry can no longer be contested on the ground that the formalities required for…
The reliance of an acquirer of registered property on good faith shall not be accepted where such reliance includes a reliance on ignorance of facts…
If, at the time at which a juridical act for the acquisition of a right to a registered property (registergoed) under particular title is entered in…
If, at the time at which a legal act for the acquisition of a right to a registered property (registergoed) under particular title is registered, a…
If, at the time at which a juridical act for the acquisition of a right to a registered property (registergoed) under particular title is registered…
A person who claims to have any right to a registered property (registergoed) may, by means of a public summons to all interested parties and, in…
If a registration is worthless, those for whose benefit it would otherwise have served are obliged to issue a written statement of this worthlessness…
If the required declarations are not issued, the court shall declare the registration void upon the claim of an immediately interested party. If, for…
Without prejudice to the liabilities of the Land Registry and Public Mapping Agency (Dienst voor het kadaster en de openbare registers), as referred…
Where a statutory provision relating to registered property (registergoederen) prescribes a notarial deed or a notarial statement, a deed or…