Dutch contract law

Dutch contract law

In this article Dutch contract law is explained by our contract lawyers in the Netherlands.

An agreement in the Netherlands is created through offer and acceptance. Dutch contract law knows some other commitments such as wrongful act or fiduciary duties, but our Dutch contract lawyers you will find here are specialised in contract law and agreements.

Contract law in the Netherlands

Dutch contract law is established in title 6.5 of the Civil Code. In this article, it is determined how an agreement comes about and what the consequences of an agreement are. One of the most important principles of contract law is freedom of contract. Anyone is free to make an agreement in the Netherlands about what they want. Actually, everything can be agreed on, as long as it does not violate any laws or good manners.

The Civil Code also explains in book 6 what the consequences are when an agreement has not been complied with, or when an agreement is annulled or voidable.

Formation of an agreement in the Netherlands

An agreement in the Netherlands is formed through offer and acceptance. An agreement can be annulled or voidable regardless of offer and acceptance. For example, this is possible in the case of:

  •      Unauthorized operation
  •      Incapacity

Furthermore, it actually makes sense that an agreement is not created when one of the parties does not want it to. For example, if they are threatened while making the agreement, or if deception is involved. For instance, one speaks of deception if some crucial information has been concealed.

Error is an incorrect representation of business. A well-known decree that is decisive in the case of error in the pre-contractual phase is the decree Baris/Riesenkamp.

Other than the most common agreement, the obligatory agreement, there are special kinds of agreements which our lawyers will gladly advise you on.

Such as, for example:

Breach of contract

There is a breach of contract when an agreement is not complied with, and the obligor is culpable. If you encounter a breach of contract, you will have to notify the obligor by means of a notice of default.  If the obligor stays in default you can, among other things, demand a compensation with legal interest.

Dutch contract lawyer

You are looking for a Dutch contract lawyer. You can find the best contract lawyers of the Netherlands here in no time. Compare costs, like the hourly and fixed rates, but also client reviews and the lawyer’s experience.

If you still have trouble choosing which contract lawyer is the best or cheapest one, the jurists at our customer service are always available to help you.

Dutch contract law firm

That way, it is always simple to get custom help. To get the best contracts and general terms and conditions composed for you, but also if you get into a corporate dispute about an agreement that has been made or if you have been confronted with terminated negotiations in the pre-contractual phase.

Our Dutch contract lawyers are always there to help you. You can inform them of your situation at any time online, and they can talk you through your options.