Dutch Legislation

Title 4

in force

Acquisition and loss of property

Civil Code — Book 3 (property law, general part) (Burgerlijk Wetboek Boek 3) · Articles: 31

Section 1

General provisions

3:80 Article 3:80

One may acquire property under general title and under particular title.

3:81 Article 3:81

A person to whom an independent and transferable right belongs may, within the limits of that right, encumber it with the limited rights specified by…

3:82 Article 3:82

Dependent rights follow the right to which they are attached.

Section 2

Transfer of property and waiver of limited rights

3:83 Article 3:83

Ownership, limited rights and rights of action are transferable, unless the law or the nature of the right opposes a transfer.

3:84 Article 3:84

For the transfer of property, a delivery pursuant to a valid title is required, performed by the person who is authorised to dispose of the property.

3:85 Article 3:85

An obligation to transfer an asset for a specified period of time shall be deemed to be an obligation to create a usufruct (vruchtgebruik) on the…

3:86 Article 3:86

Notwithstanding the lack of right to dispose on the part of the alienator, a transfer in accordance with Article 90, 91 or 93 of a movable property…

3:86a Article 3:86a

Article 86 cannot be invoked against a Member State of the European Union or against another State party to the Agreement on the European Economic…

3:86b Article 3:86b

Article 86 may not be invoked against a State Party to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and…

3:87 Article 3:87

An acquirer who, within three years after his acquisition, is asked who alienated the property to him, must without delay provide the information…

3:87a Article 3:87a

In order to determine whether the possessor exercised due care upon the acquisition of a cultural object as referred to in Article 86a paragraph 1 or…

3:88 Article 3:88

Notwithstanding the lack of right to dispose on the part of the alienator, a transfer of a registered property, of a right in personam, or of another…

3:89 Article 3:89

The delivery required for the transfer of immovable property shall be effected by a notarial deed drawn up between the parties for that purpose…

3:90 Article 3:90

The delivery required for the transfer of movable property, not being registered property, which is in the power of the alienator, is effected by…

3:91 Article 3:91

The delivery of the assets referred to in the preceding article in performance of an obligation to transfer under a condition precedent, shall be…

3:92 Article 3:92

If an agreement has the purpose that one party reserves the ownership of a thing which is brought into the power of the other party until a…

3:92a Article 3:92a repealed
3:93 Article 3:93

The delivery required for the transfer of a right to bearer, of which the bearer instrument is in the power of the alienator, shall be effected by…

3:94 Article 3:94

Apart from the cases regulated in the preceding Article, rights to be exercised against one or more specific persons are delivered by a deed intended…

3:95 Article 3:95

Outside the cases regulated in Articles 89-94 and subject to the provisions of Articles 96 and 98, goods are delivered by a deed intended for that…

3:96 Article 3:96

The delivery of a share in a property shall be effected in the same manner and with the same consequences as prescribed in respect of the delivery of…

3:97 Article 3:97

Future goods may be delivered in advance, unless it is prohibited to make them the subject of an agreement or they are registered property…

3:98 Article 3:98

Unless the law provides otherwise, all that is provided in this Section regarding the transfer of property shall apply mutatis mutandis to the…

Section 3

Acquisition and loss by prescription

3:99 Article 3:99

Rights to movable property that are not registered property, and rights to bearer or to order, are acquired by a possessor in good faith through…

3:100 Article 3:100

A person who has taken possession of an estate cannot acquire that estate and the assets belonging thereto by prescription to the detriment of the…

3:101 Article 3:101

A prescription period begins to run at the start of the day following the commencement of possession.

3:102 Article 3:102

A person who succeeds another in possession under general title continues a running prescription.

3:103 Article 3:103

Involuntary loss of possession does not interrupt the course of the limitation period, provided that possession is recovered within one year or a…

3:104 Article 3:104

When the prescription of a right of action aimed at the termination of possession is interrupted or extended, the acquisitive prescription is thereby…

3:105 Article 3:105

A person who possesses an asset at the time when the prescription of the right of action to terminate the possession is completed, acquires that…

3:106 Article 3:106

When the prescription of a right of action of a limited right holder against the principal right holder for the termination of a situation that is in…