What is civil law?
Civil law is the part of the law that governs legal relationships between citizens, businesses and other legal entities. It is also called private law (burgerlijk recht or privaatrecht) and is largely set out in the Dutch Civil Code (Burgerlijk Wetboek, BW).
In criminal law, the state prosecutes a suspect. Administrative law concerns decisions by the government, such as a permit or a fine. In civil law, two private parties face each other, for example a buyer and a seller or two neighbours.
The Dutch Civil Code is divided into books. Book 3 contains the general law of property, such as limitation (verjaring). Book 6 governs contracts, breach of contract (wanprestatie) and tort (onrechtmatige daad). Book 7 contains specific contracts, such as sale, lease and construction contracts (aanneming van werk). How you bring a civil case before the court is set out in the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv). You can find the current text of Book 6 on wetten.overheid.nl.
Which areas of law fall under civil law?
Civil law is broader than contracts and damages. Family law (Book 1 of the Dutch Civil Code), inheritance law (Book 4 of the Dutch Civil Code), employment law and tenancy law (Book 7 of the Dutch Civil Code) are also part of it.
Each area of law has its own rules and time limits, and our law firm has a separate service page for each area. For a divorce we refer you to our family law lawyer, for a dismissal to our employment law lawyer. This page is about property law: contracts, payments, liability and litigation.
When is there a breach of contract?
Breach of contract is the failure to perform an obligation under a contract, to perform it on time or to perform it properly. Under Article 6:74 of the Dutch Civil Code, the debtor must compensate the damage, unless the failure cannot be attributed to him.
An offer and an acceptance are enough for a contract. A signature is not required, so an oral agreement is also binding. In addition to the text, the law, custom and reasonableness and fairness (redelijkheid en billijkheid) also determine the content (Article 6:248 of the Dutch Civil Code).
What must you do before you can claim damages?
You usually first have to give the other party notice of default. A notice of default (ingebrekestelling) is a written demand with a reasonable period to perform after all (Article 6:82 of the Dutch Civil Code).
If the other party does not perform within that period, it is in default (verzuim). Only then can you as a rule claim damages. With a strict deadline (fatale termijn), a final date in the contract, no notice of default is needed. The same applies if the other party states in writing that it will not perform (Article 6:83 of the Dutch Civil Code).
What options do you have in the event of a failure to perform?
In the event of a breach of contract, you choose between performance, termination and damages. The best choice depends on your interests in the contract and the financial position of the other party.
- Performance: you demand that the other party does what was agreed after all, possibly with a penalty payment (dwangsom). A penalty payment is an amount that is owed for as long as a judgment is not complied with.
- Termination: under Article 6:265 of the Dutch Civil Code you terminate (ontbinden) the contract with a written statement (Article 6:267 of the Dutch Civil Code). A minor failure does not always justify termination.
- Damages: you claim compensation for loss suffered and lost profit (Article 6:96 of the Dutch Civil Code). This can be claimed alongside performance or termination.
When is someone liable without a contract?
Without a contract, someone can be liable on the basis of tort. Article 6:162 of the Dutch Civil Code provides that anyone who commits an attributable unlawful act must compensate the damage suffered by another.
An act is unlawful if it infringes a right, breaches a statutory duty or is contrary to what is considered proper in society. There must also be damage and a causal link.
When does your claim become time-barred?
A claim for performance of a contract is as a rule time-barred after five years, from the day on which it became due. This is set out in Article 3:307 of the Dutch Civil Code.
A claim for damages becomes time-barred five years after you became aware of both the damage and the liable person (Article 3:310 of the Dutch Civil Code). There is also an absolute limit of twenty years after the event that caused the damage.
You can interrupt (stuiten) the limitation period with a written demand in which you clearly reserve your right to performance (Article 3:317 of the Dutch Civil Code). A new period of five years then as a rule begins. In a consumer sale there is also a duty to complain: a notification within two months of discovering a defect is in any event in time (Article 7:23 of the Dutch Civil Code).
How does a civil law lawyer collect an outstanding invoice?
You collect an invoice in two stages: first out of court, then through proceedings if necessary. In the first stage you send a final demand (sommatie): a last reminder with a payment deadline and an announcement of further steps.
You are entitled to statutory interest (wettelijke rente) on the outstanding amount (Article 6:119 of the Dutch Civil Code). Between businesses the higher statutory commercial interest (wettelijke handelsrente) applies (Article 6:119a of the Dutch Civil Code). The percentage is adjusted periodically.
You can also claim extrajudicial collection costs (buitengerechtelijke incassokosten) (Article 6:96(2) of the Dutch Civil Code). The Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten) sets 15% on the first €2,500, with a minimum of €40. A sliding percentage applies to higher amounts.
If the debtor is a consumer, you first send a fourteen-day letter (veertiendagenbrief). It gives the consumer 14 days to pay without costs (Article 6:96(6) of the Dutch Civil Code). Without a correct fourteen-day letter, the court will reject the collection costs.
How do civil proceedings work?
Civil proceedings usually start with a summons: a notice to appear before the court, served by a bailiff (deurwaarder). Which court has jurisdiction depends on the type of case and the amount of the claim.
| Court | Which cases | Lawyer required? |
|---|---|---|
| Subdistrict court (kantonrechter) | Claims up to and including €25,000, and always cases concerning employment, tenancy, consumer sales and consumer credit (Article 93 of the Dutch Code of Civil Procedure (Rv)) | No, you may litigate yourself |
| District court, commercial division (team handel) | Claims above €25,000 and cases of indeterminate value | Yes (Article 79 Rv) |
| Preliminary relief judge (voorzieningenrechter) | Summary proceedings (kort geding) where there is an urgent interest | Yes, for the claimant; not in cases that fall under the subdistrict court |
| Court of appeal (gerechtshof) | Appeal against a decision of the subdistrict court or district court | Yes |
After the summons, the defendant files a statement of defence (conclusie van antwoord). This is usually followed by an oral hearing, at which the court also examines whether a settlement is possible. Proceedings on the merits (bodemprocedure) can easily take several months to more than a year. You can find more information on our page about civil proceedings.
If you receive a summons yourself, appear on time. Otherwise the court can grant judgment in default (verstek) and allow the claim. As a rule, an objection (verzet) against a default judgment is available within four weeks (Article 143 Rv).
When do you choose summary proceedings?
Summary proceedings are urgent proceedings before the preliminary relief judge when you cannot wait for proceedings on the merits. You must have an urgent interest (Article 254 Rv).
Think of a supplier that stops a crucial delivery. A hearing often follows within a few days to weeks. The decision is provisional: in proceedings on the merits the court may reach a different conclusion. Read more about summary proceedings.
How do you secure assets with an attachment?
With a prejudgment attachment (conservatoir beslag) you freeze the other party's assets before the court decides on your claim. For this you need leave from the preliminary relief judge (Article 700 Rv).
You can attach bank accounts, real estate, vehicles or shares. The court determines the period within which you must start proceedings on the merits; that period is at least 14 days. If you do not start in time, the attachment lapses. See our page on attachment.
Can you appeal?
Against a judgment of the subdistrict court or the district court you appeal to the court of appeal. The time limit is three months after the day of the judgment (Article 339 Rv).
For claims of €1,750 or less, no appeal is available (Article 332 Rv). The time limit is strict: one day late as a rule means the appeal is inadmissible (niet-ontvankelijk). Read more about appeals in civil cases.
What costs do proceedings involve?
In addition to the costs of your lawyer, you pay court fees (griffierecht) and bailiff's costs. Court fees are a payment to the court for dealing with the case.
The amount follows from the Civil Court Fees Act (Wet griffierechten burgerlijke zaken) and depends on the court, the claim and whether you are a natural person or a legal entity. The amounts are adjusted annually. We give you an up-to-date statement in advance.
If you win the case, the court usually orders the other party to pay the legal costs. That compensation follows a fixed scale (liquidatietarief) and usually covers only part of your actual costs.
Can you also resolve a dispute out of court?
Yes. Many civil disputes end in a settlement, often after a well-substantiated final demand from a civil law lawyer. You record a settlement in a settlement agreement (vaststellingsovereenkomst) (Article 7:900 of the Dutch Civil Code), which binds the parties.
Mediation is another route. An independent mediator guides the conversation but does not decide. The court expects parties to explore an amicable solution seriously.
Why choose a civil law lawyer?
A lawyer who deals with civil cases every day knows the time limits, rules of evidence and procedural rules that make the difference in civil cases. A civil law lawyer cannot guarantee the outcome, but can give an honest assessment of your risks and chances. That assessment rests on experience with similar cases before the subdistrict court, district court and court of appeal.
A civil law lawyer is mandatory before the district court and the court of appeal. Not before the subdistrict court, but there too legal guidance helps with a strong summons or defence. Your lawyer represents your interests towards the other party, the bailiff and the court. Our firm advises in Dutch and English, from Eindhoven and Amsterdam, for clients throughout the Netherlands. If you are looking for a civil law lawyer near you, see our pages on a civil law lawyer in Eindhoven and in Amsterdam.
