Dutch Legislation

Title 2b

in force

Consumer credit (Goederenkrediet)

Civil Code — Book 7 (specific contracts) (Burgerlijk Wetboek Boek 7 (bijzondere overeenkomsten)) · Articles: 51

Section 1

Asset-based credit concerning movable property, non-registered assets

7:84 Article 7:84

A goods credit agreement is a credit agreement, including a set of agreements forming a commercial unit within the meaning of Article 57, paragraph…

7:85 Article 7:85

If Title 2A is also applicable to a consumer credit agreement, the provisions of Title 2A and those of this Section shall apply concurrently. In the…

7:86 Article 7:86

The consumer credit agreement shall be entered into on paper or on another durable medium. A power of attorney to enter into such an agreement must…

7:87 Article 7:87

The borrower who has the item in his possession pursuant to an agreement as referred to in Article 84, paragraph 1, shall have the enjoyment thereof…

7:88 Article 7:88

Alienation of the item delivered pursuant to an agreement as referred to in Article 84, paragraph 1, shall not operate to the prejudice of the…

7:89 Article 7:89

Ownership of a thing reserved in the context of a revolving credit facility shall pass to the borrower by operation of law, and a pledge on the…

7:90 Article 7:90

Surrender of the delivered item pursuant to a written statement by the creditor that he reclaims it due to the non-performance by the debtor of his…

7:91 Article 7:91

When the creditor initiates a legal action for the dissolution of the credit agreement or the return of the object, he may, if he has a sufficient…

7:92 Article 7:92

If one of the parties, upon dissolution of the credit agreement due to a failure of the borrower to perform his obligations, would be placed in a…

7:93 Article 7:93

In the judgment in which the obligation to return the delivered item is established or the agreement is dissolved, an order for return shall be…

7:94 Article 7:94

If, upon dissolution of the agreement, the borrower should be entitled to any refund, he may retain the object which he is required to return until…

7:95 Article 7:95

If the borrower, within fourteen days after he has surrendered the object, pays the total overdue amount exigible under the credit agreement at the…

7:96 Article 7:96

If one or more agreements which together form a commercial unit as referred to in Article 57, paragraph 5, are subject on any ground to dissolution…

7:97 Article 7:97

If a credit agreement for goods has been concluded between a creditor acting in the exercise of a profession or business and a debtor who is a…

7:98 Article 7:98

No derogation from Article 92 shall be permitted to the detriment of the borrower.

7:99 Article 7:99

Article 67 paragraph 2 shall apply mutatis mutandis to a credit agreement for the acquisition of goods consisting of a set of agreements which form a…

7:100 Article 7:100

The provisions of this Section shall apply mutatis mutandis to property rights, not being registered property, insofar as this is in accordance with…

Section 2

Hire purchase of immovable property

7:101 Article 7:101

The hire-purchase agreement of immovable property is a contract of sale, including a complex of agreements forming a commercial unit within the…

7:102 Article 7:102

Each of the parties is obliged towards the other to cooperate in the execution of a notarial deed between them of the hire-purchase agreement, which…

7:103 Article 7:103

In addition to the deed referred to in Article 102, the following may be registered in the public registers:

7:104 Article 7:104

After the registration of the notarial deed of hire-purchase, including judicial decisions taking the place of that deed as referred to in Article…

7:105 Article 7:105

In the event of a composite of agreements as referred to in Article 101, paragraph 1, the hire-purchaser may, if necessary, exercise the rights…

7:106 Article 7:106

The hire-purchaser shall have the enjoyment of the object delivered to him pursuant to the hire-purchase even before he acquires the ownership…

7:107 Article 7:107

Alienation by the hire-purchase seller of the item delivered pursuant to a hire-purchase agreement shall not operate to the prejudice of the…

7:108 Article 7:108

If the hire-purchase seller, upon dissolution of the hire-purchase agreement due to a failure of the hire-purchase buyer to perform his obligations…

7:109 Article 7:109

If, upon dissolution of the agreement, the hire-purchaser should be entitled to any refund, he shall have a right of retention (retentierecht) on the…

7:110 Article 7:110

When the entire purchase price, together with the interest due thereon and the costs incurred on account of the hire-purchaser, including the costs…

7:111 Article 7:111

In the event of the hire-vendor's lack of power to dispose, Article 88 of Book 3 applies, on the understanding that for the good faith of the…

7:112 Article 7:112

No derogation is permitted from Articles 101 to 104 inclusive, 108, 110 and 111.

7:113 Article 7:113

This subsection applies to the hire-purchase agreement relating to immovable property intended for habitation or a component part thereof, if the…

7:114 Article 7:114

A hire-purchase agreement as referred to in Article 113 shall be entered into by a notarial deed. A power of attorney to enter into such an agreement…

7:115 Article 7:115

The hire-purchaser has the right at all times to discharge himself, in whole or in part, from his obligations under the hire-purchase agreement, with…

7:116 Article 7:116

It cannot be stipulated that a higher purchase price shall be determined during the contract period, unless it concerns adjustments, determined with…

7:117 Article 7:117

No derogation is permitted from Articles 113 and 114. No derogation to the detriment of the hire-purchaser is permitted from Articles 105, 106…

Section 3

Consumer credit agreements relating to residential immovable property

7:118 Article 7:118

In this Section, the following definitions shall apply:

7:119 Article 7:119

This Section applies to:

7:120 Article 7:120

Advertising for credit agreements shall be fair, clear and not misleading and may not contain wordings that could create false expectations for the…

7:121 Article 7:121

The creditor has the right to engage in bundling. Tying practices are not permitted.

7:122 Article 7:122

The creditor and, where applicable, the credit intermediary shall provide the consumer, without delay after the consumer has provided the necessary…

7:123 Article 7:123

If the credit agreement is concluded through the intervention of a credit intermediary, the following information shall be provided to the consumer…

7:124 Article 7:124

The annual percentage rate of charge shall be calculated by the creditor in accordance with Article 17 of the Directive and Annex I to the Directive.

7:125 Article 7:125

The creditor may not terminate or amend the credit agreement to the detriment of the consumer on the grounds of an incorrectly performed…

7:125a Article 7:125a

Where applicable, the consumer shall be informed of changes to the terms and conditions of the credit agreement before the changes take effect…

7:126 Article 7:126

If the credit agreement is denominated in a foreign currency, the creditor shall offer the consumer, as of the time the agreement is concluded, the…

7:127 Article 7:127

The consumer has the right to discharge himself, in whole or in part, of his obligations under the credit agreement before the expiry of the credit…

7:128 Article 7:128

The creditor shall inform the consumer on paper or on another durable medium of any changes in the borrowing rate before they take effect. This…

7:128a Article 7:128a

If the consumer is in default with his obligations under the credit agreement, the creditor may not proceed to the notice of execution as referred to…

7:128aa Article 7:128aa

A creditor shall, where appropriate, exercise forbearance measures before initiating debt collection or recovery proceedings or proceedings for a…

7:128b Article 7:128b

The creditor or, where applicable, the credit intermediary shall not charge the consumer any costs for their information obligations under this…

7:128ba Article 7:128ba

If the rights held by the creditor under the credit agreement, or the agreement itself, are transferred to a third party, the consumer may invoke…

7:128c Article 7:128c

No derogation from the provisions of this section may be made to the detriment of the consumer.