Dutch Legislation

Title 7

in force

Contract for services

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

Section 1

Assignment in general

7:400 Article 7:400

The contract for services (overeenkomst van opdracht) is the contract whereby one party, the contractor (opdrachtnemer), undertakes towards the other…

7:401 Article 7:401

The contractor must exercise the care of a good contractor in the performance of his activities.

7:402 Article 7:402

The contractor is bound to comply with timely provided and reasonable instructions regarding the performance of the assignment.

7:403 Article 7:403

The contractor must keep the principal informed of his activities in the performance of the assignment and shall notify him without delay of the…

7:404 Article 7:404

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…

7:405 Article 7:405

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…

7:406 Article 7:406

The principal must reimburse the contractor for the expenses connected with the performance of the assignment, insofar as these are not included in…

7:407 Article 7:407

If two or more persons have given an instruction (opdracht) together, they are jointly and severally liable to the contractor (opdrachtnemer).

7:408 Article 7:408

The client may terminate the agreement at any time.

7:409 Article 7:409

If the instruction has been granted with a view to a specific person, it ends by his death.

7:410 Article 7:410

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…

7:411 Article 7:411

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…

7:412 Article 7:412

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…

7:413 Article 7:413

No derogation from Article 408, paragraph 3, is permitted.

Section 2

Mandate

7:414 Article 7:414

Lastgeving is the contract of mandate whereby one party, the lasthebber, undertakes towards the other party, the lastgever, to perform one or more…

7:415 Article 7:415

If a mandate has been entered into with two or more mandataries, each of them is authorised to act independently.

7:416 Article 7:416

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…

7:417 Article 7:417

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…

7:418 Article 7:418

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…

7:419 Article 7:419

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…

7:420 Article 7:420

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…

7:421 Article 7:421

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…

7:422 Article 7:422

Mandate ends, in addition to termination in accordance with Article 408, by:

7:423 Article 7:423

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…

7:424 Article 7:424

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

7:425 Article 7:425

A mediation agreement (bemiddelingsovereenkomst) is the contract of mandate (overeenkomst van opdracht) whereby one party, the contractor…

7:426 Article 7:426

The intermediary is entitled to remuneration as soon as the agreement between the principal and the third party has been concluded through his…

7:427 Article 7:427

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

7:428 Article 7:428

The agency agreement is an agreement whereby one party, the principal, instructs the other party, the commercial agent, and the latter undertakes…

7:429 Article 7:429

The commercial agent may only hold himself liable in writing for obligations arising for third parties from a contract mediated or concluded by him.

7:430 Article 7:430

The principal must do everything which, in the given circumstances, is necessary on his part to enable the commercial agent to perform his activities.

7:431 Article 7:431

The commercial agent is entitled to commission for the agreements concluded during the term of the agency agreement:

7:432 Article 7:432

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…

7:433 Article 7:433

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…

7:434 Article 7:434

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.

7:435 Article 7:435

The commercial agent is entitled to remuneration if he is prepared to fulfill his obligations under the agency agreement or has already fulfilled…

7:436 Article 7:436

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…

7:437 Article 7:437

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…

7:438 Article 7:438

The agency agreement terminates upon the death of the commercial agent.

7:439 Article 7:439

The party who terminates the agreement without observing its duration or without compliance with the statutory or agreed notice period and without…

7:440 Article 7:440

Each of the two parties is authorised to petition the subdistrict court (kantonrechter) to dissolve the agency agreement on the grounds of:

7:441 Article 7:441

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…

7:442 Article 7:442

Regardless of the right to claim damages, the commercial agent is entitled to a compensation, customer allowance (klantenvergoeding), upon the…

7:443 Article 7:443

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:

7:444 Article 7:444

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.

7:445 Article 7:445

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

7:446 Article 7:446

The agreement on medical treatment — hereinafter in this Section referred to as the treatment agreement — is the agreement whereby a natural person…

7:447 Article 7:447

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…

7:448 Article 7:448

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…

7:449 Article 7:449

If the patient has indicated that they do not wish to receive information, the provision thereof shall be omitted, except insofar as the interest…

7:450 Article 7:450

For interventions in performance of a medical treatment agreement, the consent of the patient is required.

7:451 Article 7:451

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…

7:452 Article 7:452

The patient shall, to the best of his knowledge, provide the healthcare provider with the information and cooperation that the latter reasonably…

7:453 Article 7:453

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…

7:454 Article 7:454

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…

7:455 Article 7:455

The healthcare provider shall destroy the data in the records following a written or electronic petition to that effect from the patient.

7:456 Article 7:456

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…

7:457 Article 7:457

Without prejudice to the provisions of Article 448, paragraph 4, second sentence, the care provider shall ensure that no information concerning the…

7:458 Article 7:458

Notwithstanding the provisions of Article 457 paragraph 1, information about the patient or access to the data from the file may be provided to…

7:458a Article 7:458a

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…

7:458b Article 7:458b

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…

7:459 Article 7:459

The healthcare provider shall perform acts within the framework of the medical treatment agreement without being observed by persons other than the…

7:460 Article 7:460

The care provider may not, save for compelling reasons, terminate the treatment agreement.

7:461 Article 7:461

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…

7:462 Article 7:462

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…

7:463 Article 7:463

The liability of a care provider or, in the case referred to in Article 462, of the hospital, cannot be limited or excluded.

7:464 Article 7:464

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…

7:465 Article 7:465

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…

7:466 Article 7:466

If, pursuant to Article 465, the performance of a medical intervention requires exclusively the consent of a person referred to therein instead of…

7:467 Article 7:467

Anonymous substances and parts separated from the body may be used for medical statistical or other medical scientific research insofar as the…

7:468 Article 7:468

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.