Title 7
in forceContract for services
Section 1
Assignment in general
The contract for services (overeenkomst van opdracht) is the contract whereby one party, the contractor (opdrachtnemer), undertakes towards the other…
The contractor must exercise the care of a good contractor in the performance of his activities.
The contractor is bound to comply with timely provided and reasonable instructions regarding the performance of the assignment.
The contractor must keep the principal informed of his activities in the performance of the assignment and shall notify him without delay of the…
If the instruction has been granted with a view to a person who exercises a profession or a business with the mandatary or in his service, that…
If the agreement was entered into by the contractor in the exercise of his profession or business, the principal shall be liable to pay him…
The principal must reimburse the contractor for the expenses connected with the performance of the assignment, insofar as these are not included in…
If two or more persons have given an instruction (opdracht) together, they are jointly and severally liable to the contractor (opdrachtnemer).
The client may terminate the agreement at any time.
If the instruction has been granted with a view to a specific person, it ends by his death.
The death of the principal shall only cause the mandate to terminate if this follows from the agreement, and then only from the time at which the…
If the agreement ends before the assignment has been completed or the period for which it was granted has expired, and the liability for the fee is…
A right of action against the contractor for the delivery of documents which he has received in connection with the assignment shall be barred by the…
No derogation from Article 408, paragraph 3, is permitted.
Section 2
Mandate
Lastgeving is the contract of mandate whereby one party, the lasthebber, undertakes towards the other party, the lastgever, to perform one or more…
If a mandate has been entered into with two or more mandataries, each of them is authorised to act independently.
An agent may only act as a counterparty to the principal if the content of the juridical act is determined with such precision that a conflict…
A representative may only act as the representative of the counterparty if the content of the juridical act is determined with such precision that a…
If, outside the cases referred to in Articles 416 and 417, an agent has a direct or indirect interest in the conclusion of the juridical act, he is…
If a mandatary (lasthebber) has entered into an agreement in his own name with a third party who fails to perform his obligations, the third party…
If a mandatory who has entered into an agreement with a third party in his own name fails to perform his obligations towards the mandator, is…
If a mandatary (lasthebber) who has entered into an agreement with a third party in his own name fails to perform his obligations towards the third…
Mandate ends, in addition to termination in accordance with Article 408, by:
If it has been stipulated that the mandatary shall exercise a right belonging to the mandator in his own name and to the exclusion of the mandator…
Articles 415-423 apply mutatis mutandis to agreements other than mandate under which one party is obliged or authorised to perform legal acts for the…
Section 3
Mediation agreement
A mediation agreement (bemiddelingsovereenkomst) is the contract of mandate (overeenkomst van opdracht) whereby one party, the contractor…
The intermediary is entitled to remuneration as soon as the agreement between the principal and the third party has been concluded through his…
Articles 417 and 418 shall apply mutatis mutandis to agreements whereby one party is obliged or authorised towards the other party to act as an…
Section 4
Agency agreement
The agency agreement is an agreement whereby one party, the principal, instructs the other party, the commercial agent, and the latter undertakes…
The commercial agent may only hold himself liable in writing for obligations arising for third parties from a contract mediated or concluded by him.
The principal must do everything which, in the given circumstances, is necessary on his part to enable the commercial agent to perform his activities.
The commercial agent is entitled to commission for the agreements concluded during the term of the agency agreement:
If the role of the commercial agent has been limited to providing mediation in the conclusion of the agreement, the order which he has transmitted to…
The principal is obliged to provide the commercial agent, after the end of each month, with a written statement of the commission due for that month…
The commission shall become due and payable at the latest at the time when the written statement, referred to in Article 433, must be provided.
The commercial agent is entitled to remuneration if he is prepared to fulfill his obligations under the agency agreement or has already fulfilled…
An agency agreement that is continued by both parties after the expiry of the term for which it was entered into, shall bind the parties for an…
If the agency agreement has been entered into for an indefinite period or for a fixed period with a right of early termination, each of the parties…
The agency agreement terminates upon the death of the commercial agent.
The party who terminates the agreement without observing its duration or without compliance with the statutory or agreed notice period and without…
Each of the two parties is authorised to petition the subdistrict court (kantonrechter) to dissolve the agency agreement on the grounds of:
The party who, pursuant to Article 439 or Article 440, paragraph 2, is liable for damages, shall owe the other party a sum equal to the remuneration…
Regardless of the right to claim damages, the commercial agent is entitled to a compensation, customer allowance (klantenvergoeding), upon the…
A clause restricting the commercial agent in their freedom to be active after the termination of the agency agreement shall be valid only insofar as:
Legal actions based on Articles 439 and 440 shall be barred by the lapse of one year after the fact that gave rise to the action.
Parties may not derogate from Articles 401, 402, 403 and 426 paragraph 2, nor from Articles 428 paragraph 3, 429, 430, 431 paragraph 2, 432 paragraph…
Section 5
The medical treatment agreement
The agreement on medical treatment — hereinafter in this Section referred to as the treatment agreement — is the agreement whereby a natural person…
A minor who has reached the age of sixteen years is competent to enter into a medical treatment agreement for his own benefit, as well as to perform…
The care provider shall inform the patient in a clear manner, which is suited to his capacity for understanding, and shall consult with the patient…
If the patient has indicated that they do not wish to receive information, the provision thereof shall be omitted, except insofar as the interest…
For interventions in performance of a medical treatment agreement, the consent of the patient is required.
At the request of the patient, the care provider shall in any event record in writing for which interventions of a far-reaching nature the patient…
The patient shall, to the best of his knowledge, provide the healthcare provider with the information and cooperation that the latter reasonably…
The care provider must observe the care of a good care provider in his activities and shall act in accordance with the responsibility resting upon…
The healthcare provider shall create a file with respect to the treatment of the patient. He shall keep notes in the file regarding the data…
The healthcare provider shall destroy the data in the records following a written or electronic petition to that effect from the patient.
The care provider shall, upon request, provide the patient with access to and a copy of the data from the records. Such provision shall not take…
Without prejudice to the provisions of Article 448, paragraph 4, second sentence, the care provider shall ensure that no information concerning the…
Notwithstanding the provisions of Article 457 paragraph 1, information about the patient or access to the data from the file may be provided to…
In deviation from the provisions of Article 457, paragraph 1, the care provider shall, upon request, provide access to or a copy of data from the…
If, pursuant to Article 458a, paragraph 1, subparagraph c, inspection of or a copy of data from the file of a deceased patient is requested due to a…
The healthcare provider shall perform acts within the framework of the medical treatment agreement without being observed by persons other than the…
The care provider may not, save for compelling reasons, terminate the treatment agreement.
The principal shall owe a fee to the healthcare provider, except to the extent that the latter receives a fee for his activities pursuant to the…
If, in the performance of a medical treatment agreement, acts are performed in a hospital which is not a party to that agreement, the hospital shall…
The liability of a care provider or, in the case referred to in Article 462, of the hospital, cannot be limited or excluded.
If, in the exercise of a medical profession or business, acts in the field of medicine are performed other than pursuant to a medical treatment…
The obligations arising for the healthcare provider from this Section towards the patient shall, if the patient has not yet reached the age of twelve…
If, pursuant to Article 465, the performance of a medical intervention requires exclusively the consent of a person referred to therein instead of…
Anonymous substances and parts separated from the body may be used for medical statistical or other medical scientific research insofar as the…
No derogation may be made from the provisions of this Section and from Articles 404, 405 paragraph 2 and 406 to the detriment of the patient.