Title 3
in forceThe petition procedure in first instance
Section 1
General provision
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
Unless the law provides otherwise, jurisdiction shall lie with:
In matters relating exclusively to the supplementation of the civil status registers or the registration, cancellation, or amendment of deeds to be…
In matters concerning the lease of built immovable property or a part thereof, the court within whose jurisdiction the leased property or the greater…
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…
In matters concerning curatorship (curatele), protective administration for adults (onderbewindstelling ter bescherming van meerderjarigen) or…
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…
In matters concerning estates, the court of the last place of residence of the deceased shall have jurisdiction. In deviation from the first…
If Articles 262 to 268 inclusive do not designate a competent court, the court at The Hague shall have jurisdiction.
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
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…
The summoning of interested parties who have not appeared in the proceedings and whose place of residence or actual residence is unknown shall be…
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…
Summonses issued by letter shall state the date of dispatch. This statement shall not be made solely on the envelope.
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…
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…
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
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…
The court shall, unless it immediately declares itself incompetent or grants the petition, determine without delay the day and hour on which the…
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…
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…
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…
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…
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…
The ninth section of the second title applies mutatis mutandis, unless the nature of the case precludes such application.
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…
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…
Article 230, paragraphs 1 and 3, shall apply mutatis mutandis to a court order.
The court may declare the final order provisionally enforceable, with or without the provision of security.
The final order may also include an order for the payment of legal costs. Article 244 shall apply.
The petitioner and any interested party are entitled to inspection and a copy of the petition, the statements of defence, the documents relating to…
The transmission of procedural documents and of notices to the petitioner and interested parties shall be effected in the manner as provided for…