Dutch Legislation

Title 1

in force

General provisions

Civil Code — Book 3 (property law, general part) (Burgerlijk Wetboek Boek 3) · Articles: 40

Section 1

Definitions

3:1 Article 3:1

Property (goederen) comprises all things (zaken) and all patrimonial rights (vermogensrechten).

3:2 Article 3:2

Things are the material objects susceptible to human control.

3:2a Article 3:2a

Animals are not things.

3:3 Article 3:3

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…

3:4 Article 3:4

Anything that according to common opinion (verkeersopvatting) forms part of a thing is a component part of that thing.

3:5 Article 3:5

Household effects (inboedel) means the entirety of movable property serving as household goods and for the furnishing and decoration of a dwelling…

3:6 Article 3:6

Rights which, either separately or together with another right, are transferable, or which are intended to provide the person entitled thereto with a…

3:7 Article 3:7

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.

3:8 Article 3:8

A limited right is a right derived from a more comprehensive right, which is encumbered with the limited right.

3:9 Article 3:9

Natural fruits are things that are classified as fruits of other things according to common opinion (verkeersopvatting).

3:10 Article 3:10

Registered property (registergoederen) are assets for the transfer or creation of which registration in the public registers designated for that…

3:11 Article 3:11

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…

3:12 Article 3:12

In determining what reasonableness and fairness (redelijkheid en billijkheid) require, account must be taken of generally accepted principles of law…

3:13 Article 3:13

A person to whom a power belongs may not invoke it to the extent that he abuses it.

3:14 Article 3:14

A power granted to a person under civil law may not be exercised in conflict with written or unwritten rules of public law.

3:15 Article 3:15

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

3:15a Article 3:15a

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…

3:15b Article 3:15b repealed
3:15c Article 3:15c

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…

3:15d Article 3:15d

A person providing a service of the information society shall make the following data easily, directly and permanently accessible to those who make…

3:15e Article 3:15e

If commercial communication forms part of a service of the information society or constitutes such a service, the person on whose behalf the…

3:15f Article 3:15f

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

3:15i Article 3:15i

Any person who carries on a business or independently practices a profession is obliged to keep records of their financial position and of everything…

3:15j Article 3:15j

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

3:16 Article 3:16

Public registers shall be maintained, in which facts relevant to the legal status of registered property are recorded.

3:17 Article 3:17

Apart from those facts for which registration is possible pursuant to other statutory provisions, the following facts may be registered in these…

3:18 Article 3:18

If documents are presented to the registrar for registration, he shall provide the person presenting them with a proof of receipt, stating the nature…

3:19 Article 3:19

If the documents required for a registration are presented, the presented documents satisfy the statutory requirements and other statutory…

3:20 Article 3:20

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…

3:21 Article 3:21

The priority of registrations relating to the same registered property is determined by the chronological order of the times of registration, unless…

3:22 Article 3:22

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…

3:23 Article 3:23

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…

3:24 Article 3:24

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…

3:25 Article 3:25

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…

3:26 Article 3:26

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…

3:27 Article 3:27

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…

3:28 Article 3:28

If a registration is worthless, those for whose benefit it would otherwise have served are obliged to issue a written statement of this worthlessness…

3:29 Article 3:29

If the required declarations are not issued, the court shall declare the registration void upon the claim of an immediately interested party. If, for…

3:30 Article 3:30

Without prejudice to the liabilities of the Land Registry and Public Mapping Agency (Dienst voor het kadaster en de openbare registers), as referred…

3:31 Article 3:31

Where a statutory provision relating to registered property (registergoederen) prescribes a notarial deed or a notarial statement, a deed or…