Dutch Legislation

Title 1

in force

Sale and exchange

Civil Code — Book 7 (specific contracts) (Burgerlijk Wetboek Boek 7 (bijzondere overeenkomsten)) · Articles: 71

Section 1

Sale: General provisions

7:1 Article 7:1

Sale is the agreement whereby one party commits to deliver a thing and the other party to pay a price in money therefor.

7:2 Article 7:2

The sale of an immovable property intended for habitation or a component part thereof shall, if the purchaser is a natural person not acting in the…

7:3 Article 7:3

The purchase of a registered property (registergoed) may be entered in the public registers referred to in Section 2 of Title 1 of Book 3, unless at…

7:4 Article 7:4

Where the sale has been concluded without the price having been determined, the buyer owes a reasonable price; in determining this price, account…

7:5 Article 7:5

In this Title, the following definitions shall apply:

7:5a Article 7:5a

This Title is also applicable:

7:6 Article 7:6

In the case of a consumer sale, no derogation from Sections 1-7 of this Title may be made to the detriment of the buyer, and the rights and claims…

7:6a Article 7:6a

If the seller or the producer has promised certain characteristics in a commercial guarantee in the case of a consumer sale, in the absence of which…

7:7 Article 7:7

A person to whom an item has been sent and who may reasonably assume that such sending has occurred for the purpose of inducing him to enter into a…

7:8 Article 7:8

If a newly constructed or to be constructed dwelling, consisting of an immovable property or a component thereof, is sold and the purchaser is a…

Section 2

Obligations of the seller

7:9 Article 7:9

The seller is obliged to transfer the ownership of the sold property with appurtenances and to deliver it. Appurtenances include the available title…

7:10 Article 7:10

The thing is at the risk of the buyer from the time of delivery, even if the ownership has not yet been transferred. Consequently, he remains liable…

7:11 Article 7:11

In the case of a consumer sale where the item is delivered to the buyer, the item is at the buyer's risk from the moment that the buyer or a third…

7:12 Article 7:12

The costs of delivery, including those of weighing and counting, shall be borne by the seller.

7:13 Article 7:13

If, in the case of a consumer sale, the item is delivered to the buyer by the seller or a carrier designated by the seller, costs may only be claimed…

7:14 Article 7:14

From the day of delivery, the fruits shall accrue to the buyer, on the understanding that civil fruits shall be calculated from day to day.

7:15 Article 7:15

The seller is obliged to transfer ownership of the sold property free of all special encumbrances and restrictions, with the exception of those which…

7:16 Article 7:16

When an action is instituted against the buyer for eviction or for the recognition of a right with which the thing should not have been encumbered…

7:17 Article 7:17

The delivered goods must conform to the contract.

7:18 Article 7:18

For the question of whether a thing delivered on the basis of a consumer sale conforms to the agreement, the thing must in particular, insofar as…

7:18a Article 7:18a

In the event of a consumer sale, any lack of conformity of the thing with the agreement resulting from an incorrect installation of the thing shall…

7:19 Article 7:19

In the event of an execution sale, the buyer may not rely on the fact that the property is encumbered with a burden or a limitation with which it…

Section 3

Special consequences of non-performance of the obligations of the seller

7:19a Article 7:19a

If, in a consumer sale, the seller fails to comply with the period set or agreed upon in Article 9, paragraph 4, he is in default when he is given…

7:20 Article 7:20

If the thing is encumbered with a charge or a restriction that should not have rested upon it, the buyer may demand that the charge or the…

7:21 Article 7:21

If the delivered item does not conform to the agreement, the buyer may demand:

7:22 Article 7:22

If the delivered goods do not conform to the agreement, the buyer in a consumer sale furthermore has the power to:

7:23 Article 7:23

The buyer can no longer rely on the fact that what has been delivered does not conform to the agreement, if he has not given notice thereof to the…

7:24 Article 7:24

If, on the basis of a consumer sale, a good has been delivered which does not possess the characteristics that the buyer was entitled to expect on…

7:25 Article 7:25

If the buyer, in the event of a non-performance as referred to in Article 24, has exercised one or more of their rights against the seller in respect…

Section 4

Obligations of the buyer

7:26 Article 7:26

The buyer is obliged to pay the price.

7:27 Article 7:27

If the buyer is disturbed or has good reason to fear that he will be disturbed by a claim for eviction (uitwinning) or for the recognition of a right…

7:28 Article 7:28

In the case of a consumer sale, the right of action for payment of the purchase price shall prescribe by the lapse of two years.

7:29 Article 7:29

If the buyer has received the item but intends to reject it, he must take care of its preservation as a prudent debtor; he has a right of retention…

7:30 Article 7:30

When, in the cases provided for in Article 29, the thing is subject to rapid decay or deterioration, or when the preservation thereof would entail…

Section 5

Special consequences of default by the buyer

7:31 Article 7:31

If the agreement grants the buyer the power to specify the item by designating the size or shape or in another manner, and he is in default thereof…

7:32 Article 7:32

In the event that the buyer is in default with the acceptance of delivery, Article 30 shall apply mutatis mutandis.

Section 6

Special cases of dissolution

7:33 Article 7:33

If the delivery of a movable property on a specific day is essential and the buyer does not take receipt on that day, such shall constitute a ground…

7:34 Article 7:34

The seller may dissolve the sale by a written declaration if the failure to take delivery gives him good reason to fear that the price will not be…

7:35 Article 7:35

If, in the case of a consumer sale, the seller increases the purchase price after the conclusion of the sale pursuant to a clause stipulated in that…

Section 7

Damages

7:36 Article 7:36

In the event of dissolution of the sale, where the item has a market price, the compensation for damages shall be equal to the difference between the…

7:37 Article 7:37

If the buyer or the seller has entered into a substitute transaction (dekkingskoop) and has acted reasonably in doing so, he shall be entitled to the…

7:38 Article 7:38

The provisions of the two preceding articles do not exclude the right to a higher compensation in the event that more damage has been suffered.

Section 8

Right of reclamation (recht van reclame)

7:39 Article 7:39

The seller of a movable thing, which is not a registered property (registergoed) and has been delivered to the buyer, may, if the price has not been…

7:40 Article 7:40

If the buyer has been declared bankrupt or has been granted a suspension of payments, the reclamation shall have no effect if the purchase price is…

7:41 Article 7:41

The power to reclaim may only be exercised insofar as the delivered goods remain in the same state as that in which they were delivered.

7:42 Article 7:42

Unless the object has remained in the hands of the buyer, the power to reclaim shall lapse when the object has been transferred, other than for no…

7:43 Article 7:43

The seller cannot exercise his power as described in Article 39 if the buyer has accepted commercial paper for the full purchase price.

7:44 Article 7:44

The right of the seller described in Article 39 shall lapse when both six weeks have passed since the claim for payment of the purchase price has…

Section 9

Sale on approval

7:45 Article 7:45

A sale on approval is deemed to be concluded under the suspensive condition that the thing is satisfactory to the buyer.

7:46 Article 7:46

As long as the sale is not final, the risk of the thing remains with the seller.

Section 9A

Distance contracts

7:46a Article 7:46a repealed
7:46b Article 7:46b repealed
7:46c Article 7:46c repealed
7:46d Article 7:46d repealed
7:46e Article 7:46e repealed
7:46f Article 7:46f repealed
7:46g Article 7:46g repealed
7:46h Article 7:46h repealed
7:46i Article 7:46i repealed
7:46j Article 7:46j repealed

Section 10

Purchase of property rights

7:47 Article 7:47

A sale may also relate to a property right. In that case, the provisions of the preceding sections shall apply insofar as this is consistent with the…

7:48 Article 7:48

A person who sells an inheritance without specifying the assets thereof item by item is only required to warrant his capacity as heir.

Section 10A

Purchase of rights to time-share use of immovable property

7:48a Article 7:48a repealed
7:48b Article 7:48b repealed
7:48c Article 7:48c repealed
7:48d Article 7:48d repealed
7:48e Article 7:48e repealed
7:48f Article 7:48f repealed
7:48g Article 7:48g repealed

Section 12

Exchange

7:49 Article 7:49

Exchange is the contract whereby the parties bind themselves to give one another a thing in place of another.

7:50 Article 7:50

The provisions concerning sale apply mutatis mutandis, with the understanding that each party is considered a seller for the performance which they…