Dutch Legislation

Title 3

in force

The petition procedure in first instance

Code of Civil Procedure (Rv) — Book 1 (Wetboek van Burgerlijke Rechtsvordering — Eerste Boek) · Articles: 45

Section 1

General provision

261 Article 261

Insofar as the law does not provide otherwise, this Title applies to all matters that must be initiated by a petition (verzoekschrift), as well as to…

Section 2

Relative jurisdiction

262 Article 262

Unless the law provides otherwise, jurisdiction shall lie with:

263 Article 263

In matters relating exclusively to the supplementation of the civil status registers or the registration, cancellation, or amendment of deeds to be…

264 Article 264

In matters concerning the lease of built immovable property or a part thereof, the court within whose jurisdiction the leased property or the greater…

265 Article 265

In matters concerning minors, the court of the place of residence or, in the absence of a place of residence in the Netherlands, of the actual…

266 Article 266

In matters concerning curatorship (curatele), protective administration for adults (onderbewindstelling ter bescherming van meerderjarigen) or…

267 Article 267

In cases of absence or missing person, the court of the abandoned place of residence of the absent or missing person shall have jurisdiction. With…

268 Article 268

In matters concerning estates, the court of the last place of residence of the deceased shall have jurisdiction. In deviation from the first…

268a Article 268a repealed
269 Article 269

If Articles 262 to 268 inclusive do not designate a competent court, the court at The Hague shall have jurisdiction.

270 Article 270

If the court, if necessary of its own motion, decides that not it, but another court of equal rank has jurisdiction, it shall refer the case in the…

Section 3

Summons

271 Article 271

The summoning of petitioners or of interested parties who have appeared in the proceedings shall be effected by the clerk of the court by ordinary…

272 Article 272

The summoning of interested parties who have not appeared in the proceedings and whose place of residence or actual residence is unknown shall be…

273 Article 273

The summons of a judicial authority, the public prosecution service or the child care and protection board shall be effected by the clerk of the…

274 Article 274

Summonses issued by letter shall state the date of dispatch. This statement shall not be made solely on the envelope.

275 Article 275

If the clerk of the court receives back a summons sent by registered letter and it appears to him that the addressee was registered at the address…

276 Article 276

Summonses shall state the place, the day and the hour of the hearing. They shall be dispatched as soon as possible and at least one week before that…

277 Article 277

The summoning by letter of petitioners or interested parties who have no known place of residence or known actual residence in the Netherlands, but…

Section 4

Course of the proceedings

278 Article 278

The petition shall state the first names, surname and domicile or, in the absence of a domicile in the Netherlands, the actual residence of the…

279 Article 279

The court shall, unless it immediately declares itself incompetent or grants the petition, determine without delay the day and hour on which the…

280 Article 280

In cases where the filing of the petition (verzoekschrift) does not require to be performed by an advocate, Articles 80 and 81 shall apply mutatis…

281 Article 281

If the petition has incorrectly not been submitted by a lawyer, the court shall grant the petitioner the opportunity to remedy this omission within a…

282 Article 282

Any interested party may, until the commencement of the hearing or, if the court so permits, during the course of the hearing, submit a statement of…

282a Article 282a

Insofar as not otherwise provided by or pursuant to this Act or another act, the court shall stay the proceedings for as long as the petitioner and…

283 Article 283

As long as the court has not yet issued a final order, the petitioner is authorised to reduce the petition or the grounds thereof, or to change or…

284 Article 284

The ninth section of the second title applies mutatis mutandis, unless the nature of the case precludes such application.

285 Article 285

The court may, if a petition concerning the same or a related subject has already been filed with another court, order the referral to that other…

286 Article 286

After the conclusion of the hearing, the court shall determine the date on which it will render its judgment and shall notify the petitioner and the…

287 Article 287

Article 230, paragraphs 1 and 3, shall apply mutatis mutandis to a court order.

288 Article 288

The court may declare the final order provisionally enforceable, with or without the provision of security.

289 Article 289

The final order may also include an order for the payment of legal costs. Article 244 shall apply.

290 Article 290

The petitioner and any interested party are entitled to inspection and a copy of the petition, the statements of defence, the documents relating to…

291 Article 291

The transmission of procedural documents and of notices to the petitioner and interested parties shall be effected in the manner as provided for…

292 Article 292 repealed
293 Article 293 repealed
294 Article 294 repealed
295 Article 295 repealed
296 Article 296 repealed
297 Article 297 repealed
298 Article 298 repealed
299 Article 299 repealed
300 Article 300 repealed
301 Article 301 repealed
302 Article 302 repealed