Dutch civil code natural obligation

Book 6 Dutch Civil Code
The law of obligations

• Title 6.1 Obligations in general
  (Articles 1-141)
  • Section 6.1.1 General provisions (1-5)
    • Article 6:1 The arising of obligations
    • Article 6:2 Reasonableness and fairness within the relationship between the creditor and debtor
    • Article 6:3 Natural obligation
    • Article 6:4 Applicability of the law of obligations
    • Article 6:5 Conversion of a natural obligation into an enforceable obligation
    • Article 6:6 Separate liability or joint and several liability
    • Article 6:7 Liability of solidary debtors
    • Article 6:8 Reasonableness and fairness within the internal relationship between the solidary debtors
    • Article 6:9 Waiver of the debt-claim by the creditor and granting an extension of payment
    • Article 6:10 Internal contribution in the performed joint obligation
    • Article 6:11 Means of defence.
    • Article 6:12 Subrogation
    • Article 6:13 Insolvency of a solidary debtor
    • Article 6:14 Effect within the internal relationship between the solidary debtors of a waiver of rights by the creditor
    • Article 6:15 Separate debt-claims or one joint debt-claim
    • Article 6:16 Applicability of the statutory provisions for a community of property
    • Article 6:17 Alternative debt-claims and the right to choose
    • Article 6:18 The effect of a choice made
    • Article 6:19 Passage of the right to choose
    • Article 6:20 Impossibility to perform one of the alternative performances
    • Article 6:21 Definition of a 'conditional obligation'
    • Article 6:22 Functioning of a condition precedent or subsequent
    • Article 6:23 Deliberate interference with the uncertain future event
    • Article 6:24 Undoing of a performance after the fulfilment of a condition subsequent
    • Article 6:25 Performance made before the fulfilment of a condition precedent
    • Article 6:26 Applicability of the statutory provisions for unconditional (normal) obligations to conditional obligations
    • Article 6:27 General duty of care
    • Article 6:28 Delivery of fungible goods
    • Article 6:29 No performance in parts or instalments
    • Article 6:30 Performance performed by a third party
    • Article 6:31 Performance to a creditor who misses the (full) legal capacity to perform juridical acts
    • Article 6:32 Performance to another person than the one who is authorized to receive it
    • Article 6:33 Creditor without authorisation to receive the performance
    • Article 6:34 Performing in good faith
    • Article 6:35 Performance by a third party to a third party
    • Article 6:36 Right of recovery
    • Article 6:37 Right to withhold performance
    • Article 6:38 Immediate performance
    • Article 6:39 Time stipulations (expiry date)
    • Article 6:40 Expiry of a time stipulation (effective date or expiry date)
    • Article 6:41 Place of performance
    • Article 6:42 Delivery by a person without power of disposition
    • Article 6:43 Imputation of a performance to two or more obligations
    • Article 6:44 Imputation of a performance in money to two or more obligations
    • Article 6:45 Swap over of indebted performances
    • Article 6:46 Payment by cheque or a documentary collection
    • Article 6:47 Costs of performance
    • Article 6:48 Written receipt (note of remittance)
    • Article 6:49 Written proof of discharge regarding a debt-claim to order or bearer
    • Article 6:50 Presumption of performance
    • Article 6:51 Security
    • Article 6:52 General right to withhold performance
    • Article 6:53 Right to withhold performance in relation to the creditors of the counterparty
    • Article 6:54 No right to withhold performance
    • Article 6:55 Right to withhold performance ceases to exist when sufficient security is provided
    • Article 6:56 Right to withhold performance after prescription of the debtor’s right of action
    • Article 6:57 Right of retention
    • Article 6:58 Creditor himself prevents the performance of the debtor’s obligation
    • Article 6:59 Debtor rightfully withholds performance
    • Article 6:60 Discharge of the debtor from the obligation by the court
    • Article 6:61 Relation between a creditor's default and a default of the debtor
    • Article 6:62 No enforcement measures during the time that the creditor is in default himself
    • Article 6:63 Compensation for costs
    • Article 6:64 Limited liability of the debtor for damage that occurred during the period that the creditor is in default
    • Article 6:65 Selected fungible goods that become damaged during the period that the creditor is in default
    • Article 6:66 Right to place the money or thing during a creditor’s default in the safekeeping of a custodian
    • Article 6:67 Safekeeping procedure
    • Article 6:68 No interest accruing on money that has been deposited for safekeeping
    • Article 6:69 Purgation of creditor’s default
    • Article 6:70 Compensation for costs of safekeeping
    • Article 6:71 Prescription of legal actions
    • Article 6:72 Effects of a creditor's default for debtors who are joint and several liable
    • Article 6:73 Creditor refuses an offer of a third party to perform the obligation
    • Subsection 6.1.9.1 General provisions
    • Article 6:74 Requirements for a compensation for damages
    • Article 6:75 Legal excuse for a non-performance (force majeure)
    • Article 6:76 Liability for auxiliary persons
    • Article 6:77 Liability for auxiliary equipment
    • Article 6:78 Compensation for damages in case of a legal excuse (force majeure)
    • Article 6:79 Seizure and setoff in case of a legal excuse
    • Article 6:80 Legal effects of a non-performance before the debt-claim is due and demandable
    • Subsection 6.1.9.2 Default of the debtor
    • Article 6:81 Default
    • Article 6:82 Letter of formal notice of default
    • Article 6:83 Default without a letter of formal notice to perform or an alternative announcement
    • Article 6:84 Impossibility to perform during the time the debtor is in default
    • Article 6:85 Compensation for damage caused by a delay
    • Article 6:86 Purgation
    • Article 6:87 Alternative compensation for damages
    • Subsection 6.1.9.3 Further impact of a on-performance
    • Article 6:88 Loss of rights for the creditor after the expiration of a response period set for this purpose by the debtor
    • Article 6:89 Loss of all rights when the creditor hasn’t complained timely
    • Article 6:90 Right of cash sale
    • Subsection 6.1.9.4 Contractual penalties
    • Article 6:91 Contractual penalty clause
    • Article 6:92 Appeal to the performance of a contractual penalty clause
    • Article 6:93 Requirements for claiming the contractual penalty
    • Article 6:94 A reduction or increase of the contractual penalty
    • Article 6:95 To be compensated damage according to law
    • Article 6:96 Material loss
    • Article 6:97 Estimation of damage
    • Article 6:98 Causal relation and attribution
    • Article 6:99 Damage caused by more events (reversed burden of proof)
    • Article 6:100 Offsetting benefits
    • Article 6:101 Own fault of the injured person
    • Article 6:102 Joint fault and internal contribution of the liable persons towards each other
    • Article 6:103 Type of compensation (money or another type of repair)
    • Article 6:104 Estimation of damage and the handing over of profits
    • Article 6:105 Estimation of damage that as not yet revealed itself
    • Article 6:106 Other damage than material loss (‘pretio doloris’)
    • Article 6:107 Lesion damages
    • Article 6:107a Recovery right of an employer for wages paid to an employee who has been injured by a third person
    • Article 6:108 Compensatory damages when the injured person has died
    • Article 6:109 Moderation of compensatory damages
    • Article 6:110 Maximising liability by Order in Council
    • Article 6:111 Nominal amount
    • Article 6:112 Payment in common currency
    • Article 6:113 [repealed]
    • Article 6:114 Bank-giro payments
    • Article 6:115 Place of payment
    • Article 6:116 Domicile of the creditor
    • Article 6:117 Another place of payment
    • Article 6:118 Place of business
    • Article 119 Damages for delay (statutory interest rate)
    • Article 6:119a Statutory interest for commercial transactions
    • Article 6:119b Statutory interest due by public authorities
    • Article 6:120 Statutory interest rate
    • Article 6:121 Payment in other currency
    • Article 6:122 A payment in foreign currency is impossible
    • Article 6:123 Right of action and enforcement of executorial titles denominated in foreign currency
    • Article 6:124 Rate of exchange
    • Article 6:125 Exchange rate damages
    • Article 6:126 Definition of exchange rate
    • Article 6:127 Requirements for a setoff
    • Article 6:128 Setoff against debt-claims to order or to bearer
    • Article 6:129 Retroactive effect of a setoff
    • Article 6:130 Passage and encumbrance (conveyance) of debt-claims
    • Article 6:131 Effect of a prescription of the right of action on a right of setoff
    • Article 6:132 Remove the effect of a setoff announcement
    • Article 6:133 A counter setoff
    • Article 6:134 Setoff after a rescission of the mutual agreement by the opposite party
    • Article 6:135 No right of setoff
    • Article 6:136 Setoff as legal defence
    • Article 6:137 Ranking order of imputation of payments
    • Article 6:138 Setoff of obligations with different places of performance
    • Article 6:139 Position of a surety
    • Article 6:140 Setoff by operation of law (current accounts)
    • Article 6:141 Receipt of payment or certificate of proof
    • Section 6.2.1 Effects of the passage of a right to a performance (passage of claims) (142-149)
      • Article 6:142 Passage of a debt-claim includes passage of accessory and supporting rights
      • Article 6:143 Evidence supporting the passed debt-claim and its accessory rights
      • Article 6:144 Former creditor vouches for the new creditor with regard to duties imposed on him
      • Article 6:145 Means of defence of the debtor
      • Article 6:146 Means of defence when a debt-claim to order or to bearer is transferred
      • Article 6:147 Forged negotiable document
      • Article 6:148 Limited property rights established on a debt-claim to bearer or to order
      • Article 149 Nullification or rescission by the debtor
      • Article 6:150 Grounds for subrogation
      • Article 6:151 Restricted subrogation
      • Article 6:152 Internal contribution
      • Article 6:153 Contractual interest
      • Article 6:154 The original creditor may not damage the third person
      • Article 6:155 Taking over a debt (‘debt assumption’)
      • Article 6:156 Creditor’s approval in advance to a debt assumption
      • Article 6:157 Passage of accessory rights
      • Article 6:158 Nullity of the agreement between the old and new debtor
      • Article 6:159 Transfer of a contractual position
      • Article 6:160 Waiver of his debt-claim by the creditor
      • Article 6:161 Merger of the debt-claim and the opposite debt
      • Section 6.3.1 General provisions (162-168)
        • Article 6:162 Definition of a ‘tortious act’
        • Article 6:163 Violated standard of behaviour must intend to offer protection against damage
        • Article 6:164 Children younger than 14 years
        • Article 6:165 Children under influence of a mental or physical disability
        • Article 6:166 Collective behaviour
        • Article 6:167 Defamation (slander)
        • Article 6:168 Compelling public interests
        • Article 6:169 Liability for tortious acts of children
        • Article 6:170 Liability for faults (tortious acts) of a subordinate
        • Article 6:171 Liability for faults (tortious acts) of non-subordinates
        • Article 6:172 Liability for faults (tortious acts) of a representative
        • Article 6:173 Liability for dangerous equipment
        • Article 6:174 Liability for dangerous constructed immovable things
        • Article 6:175 Liability for dangerous substances
        • Article 6:176 Dumping grounds
        • Article 6:177 Mining operations
        • Article 6:178 Statutory exclusion of liability
        • Article 6:179 Liability for animals
        • Article 6:180 Co-possessors; transfer of a thing under a condition precedent
        • Article 6:181 Liability for damage caused in the course of a business
        • Article 6:182 Joint and several liability of co-operators
        • Article 6:183 Youthful age or disability is no defence against liability based on a tortious act
        • Article 6:184 Liability and cost effective measures
        • Article 6:185 Strict liability for defective products
        • Article 6:186 Definition of a ‘defective product’ (‘safety defect’)
        • Article 6:187 Definition of ‘product’ and ‘producer’
        • Article 6:188 Burden of proof for the injured person
        • Article 6:189 Joint and several liability
        • Article 6:190 Damage for which liability exists
        • Article 6:191 Prescription period
        • Article 6:192 Exclusion clause
        • Article 6:193 The injured person may also use other rights and actions
        • Article 6:193a Definitions
        • Article 6:193b Unfair commercial practices
        • Article 6:193c Misleading commercial practices
        • Article 6:193d Misleading omissions
        • Article 6:193e Misleading purchase invitation
        • Article 6:193f Material information in commercial communication
        • Article 6:193g Commercial practices which are misleading in all circumstances
        • Article 6:193h Aggressive commercial practices
        • Article 6:193i Commercial practices which are aggressive in all circumstances
        • Article 6:193j Revised burden of proof with respect to the correctness and completeness of the provided information
        • Article 6:194 Misleading public announcements
        • Article 6:194a Comparative advertising
        • Article 6:195 Revised burden of proof with respect to the correctness end completeness of the advertisement
        • Article 6:196 Prohibition of the further use of the announcement or comparative advertisement and the publication of a correction
        • Article 6:196b Liability of a certification-service-provider for issued certificates
        • Article 6:196c Liability for services of the information society
        • Article 6:197 Limitation of recovery rights
        • Section 6.4.1 Benevolent intervention in another’s affairs (198-202)
          • Article 6:198 Benevolent intervention
          • Article 6:199 Obligations of the intervener
          • Article 6:200 Obligations of the interested party
          • Article 6:201 Authorisation to perform legal acts as representative of the interested party
          • Article 6:202 Necessary approval of the interested party
          • Article 6:203 Obligation to repay or undo an undue performance
          • Article 6:204 Good faith of the recipient of an undue performance
          • Article 6:205 Bad faith of the recipient of an undue performance
          • Article 6:206 Fruits, costs and damage
          • Article 6:207 Compensation for costs and expenditures
          • Article 6:208 Waiver of the right to reclaim the undue performance and additional transfer of the undue performance to the recipient
          • Article 6:209 Recipient without legal capacity
          • Article 6:210 The obligation to undo undue performances of another kind
          • Article 6:211 The undoing of a performance under a null and void or nullified agreement
          • Article 6:212 Requirements for an unjustified enrichment
          • Section 6.5.1 General provisions (213-216)
            • Article 6:213 Definition of an ‘obligatory agreement’
            • Article 6:214 Additional regulations by Order in Council for agreements in specific economic sectors
            • Article 6:215 Agreements with a mixed character
            • Article 6:216 Connecting provision
            • Article 6:217 Offer and acceptance (permissive law)
            • Article 6:218 Validity and nullity of an offer
            • Article 6:219 Revocable offer; offer without engagement for the offeror; option rights
            • Article 6:220 Offer for a reward (made to the public)
            • Article 6:221 Ending of a verbal or written offer and of a rejected offer
            • Article 6:222 Effect on the offer of the death or legal incapacity of one of the parties or of a fiduciary administration
            • Article 6:223 Overdue acceptance
            • Article 6:224 Time of conclusion of the agreement
            • Article 6:225 An acceptance which differs from the offer (‘Battle of Forms’)
            • Article 6:226 Formal requirements of an up-front agreement
            • Article 6:227 An obligation must be determinable
            • Article 6:227a Agreements formed by electronic means
            • Article 6:227b Information to be provided prior to the formation of an electronic contract
            • Article 6:227c Further obligations for the conclusion of electronic agreements
            • Article 6:228 Fundamental mistake
            • Article 6:229 Agreement based on a non-existent legal relationship
            • Article 6:230 Right of nullification ends when the disadvantageous effects of the voidable agreement are removed
            • Article 230a Definitions
            • Article 230b Information duty
            • Article 230c Ways to supply the necessary information
            • Article 230d Supply of additional information upon request of the recipient
            • Article 230e Use of clear and unambiguous language
            • Article 230f Further rules by Order in Council
            • Article 6:231 Definitions
            • Article 6:232 Standard terms and conditions are only named by their title or heading
            • Article 6:233 Voidable stipulations from the applicable standard terms and conditions
            • Article 6:234 Reasonable opportunity to take knowledge of the standard terms and conditions
            • Article 235 Non-application of Articles 6:233 and 6:234 and prescription period
            • Article 6:236 ‘Black list’ of stipulations which are always unreasonably burdensome for consumers
            • Article 6:237 ‘Grey list’ of stipulations which are presumed to be unreasonably burdensome for consumers
            • Article 6:238 Representation solely on the basis of a stipulation in the standard terms and conditions
            • Article 6:239 Amendment of the grey list of Article 6:237 by Order in Council
            • Article 6:240 Right of action of and against legal persons protecting the interests of others
            • Article 6:241 Procedural rules for a right of action (legal claim) meant in Article 6:240
            • Article 6:242 Amendment or cancellation of a judgement
            • Article 6:243 Nullification of a prohibited stipulation
            • Article 6:244 The retailer in the middle of a distribution chain
            • Article 6:245 Section 6.5.4 is not applicable to individual employment contracts or collective labour agreements
            • Article 6:246 Mandatory law
            • Article 6:247 Contracts with an international element (cross-border contracts)
            • Article 6:248 Legal effects arising from law, usage or the standards of reasonableness and fairness
            • Article 6:249 Acquirement under universal title
            • Article 6:250 Mandatory or permissive law
            • Article 6:251 Qualitative rights
            • Article 6:252 Qualitative obligation
            • Article 6:253 Third-party clause (‘jus quaesitum tertio’)
            • Article 6:254 Legal position of the third party after he has accepted the third-party clause
            • Article 6:255 Appointing another third party
            • Article 6:256 Right of action of the party who has stipulated the third-party clause
            • Article 6:257 Subordinate can make use of the means of defence of his employer
            • Article 6:258 Unforeseen circumstances
            • Article 6:259 Continuing obligations
            • Article 6:260 Further rules for the application of Articles 6:258 and 6:259
            • Article 6:261 Definition of a ‘mutual (reciprocal) agreement’
            • Article 6:262 Mutual right to withhold performance until the other party performs his due and demandable obligation
            • Article 6:263 Right to withhold performance on the basis of a threatening non-performance of the other party
            • Article 6:264 Limited applicability of the general rules for withholding performance
            • Article 6:265 Rescission of a mutual agreement for a breach of contract
            • Article 6:266 No right of rescission for a creditor who himself is in creditor’s default
            • Article 6:267 Ways to rescind a mutual agreement
            • Article 6:268 Prescription of the right of rescission
            • Article 6:269 Rescission has no retroactive effect
            • Article 6:270 Partial rescission
            • Article 6:271 Legal effects of a rescission
            • Article 6:272 Obligation to compensate the value of an already received performance
            • Article 6:273 Caring duty of the recipient
            • Article 6:274 Taking delivery of a performance in bad faith
            • Article 6:275 Fruits, costs and damages
            • Article 276 Recipient without legal capacity
            • Article 6:277 Compensation for damages besides a rescission
            • Article 6:278 Additional payment to restore the original value proportion
            • Article 6:279 More-sided agreements