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Vol 21 No 11 Nov/Dec 2016

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Contract Law in the Netherlands


ISBN13: 9789041100399
ISBN: 9041100393
Published: July 1998
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: Out of print



This volume deals with Dutch contract law as it has been enacted in 1992 as part of the new Civil Code of the Netherlands. The new Civil Code has been anticipated for a long time (work on the code started as early as 1947) and represents a major update of Dutch patrimonial law.

In the new Code the system of patrimonial law has been improved, some parts of the law have been fundamentally changed, some parts have been slightly modified, and a large part of the ""old"" law has been revised and maintained. The result is a new and modern system of law which could well serve as a model for other jurisdictions.

Subjects:
European Jurisdictions
Contents:
1. The General Background of the Country.
2. Distinction between Public Law and Private Law.
3. Distinction between Civil Law and Commercial Law. Introduction to the Law of Contracts.
1. Definition of a Contract.
2. Historical Background of the Law of Contracts.
3. Classification of Contracts.
4. Contract and Tort.
5. Contracts and Quasi-Contracts.
6. Contract and Trust.
7. Contract and the Law of Property.
8. Good Faith and Fair Dealing.
9. Style of Drafting.
10. Sources of the Law of Contract. Selected Bibliography. Part I: Formation.
1. Offer and Acceptance.
2. Requirements.
3. Precontractual Liability and Negotiations. Part II: Conditions of Substantive Validity.
1. Substantive Validity.
2. Annulment, Nullity. Part III: The Contents of a Contract.
1. Express and Implied Terms.
2. Interpretation.
3. Conditional Contracts. Part IV: Privity of Contract.
1. Privity of Contract; Contract for the Benefit of a Third Party.
2. Transfer of Contractual Rights.
3. The Special Case of a ""Sub-Contract""; e.g. the Contract with a Subcontractor.
4. Actio Pauliana. Part V: The End of the Contract.
1. Performance and Breach.
2. Impossibility, Hardship and Frustration.
3. Discharge by Agreement. Part VI: Remedies.
1. Remedies.
2. Damages and Exemption Clauses.
3. Restitution. Part VII: Special Topics.
1. Agency.
2. Bailment (Deposit).
3. Gaming and Wagering.
4. Sale of Goods.
5. Building Contracts.
6. Lease.
7. Compromise.
8. Suretyship.
9. Pledge.
10. Contracts with the Government and Other Public Administrations.
11. Quasi-Contracts. Annexe: Table of Contents of the Books 3 and 6 of the Dutch Civil Code.