Overview
Civil law forms the foundation of legal relationships between individuals, businesses, and organizations in the Netherlands. Whether you’re facing a contract dispute, dealing with liability claims, handling tort issues, or navigating consumer rights, understanding Dutch civil law is essential for protecting your interests.
At Law & More, we handle all aspects of civil litigation and advisory work. Our civil law advocates represent clients in court proceedings, negotiate settlements, and provide strategic advice on civil law matters. From contract disputes and professional liability to property conflicts and consumer law, we combine legal expertise with practical business understanding.
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What We Do
Contract disputes and breach of contract claims
Tort law and liability claims (onrechtmatige daad)
Professional liability and malpractice
Property law and neighbor disputes
Consumer rights and product liability
Civil litigation and court proceedings
Mediation and alternative dispute resolution
Summary proceedings (kort geding) for urgent matters
Enforcement of judgments and settlements
Damages claims and compensation
Why Choose Law & More
Experienced litigators with proven track record in Dutch courts
Strategic approach combining negotiation and litigation
Clear communication in multiple languages
Transparent fee structures and cost management
Focus on practical solutions and business continuity
Key Legal Terms
Important terminology explained in plain language
Onrechtmatige Daad (Tort/Unlawful Act)
The foundation of Dutch liability law codified in Article 6:162 of the Civil Code. An unlawful act occurs when someone causes damage through conduct that: (1) violates another's legal right, (2) breaches a statutory duty, (3) violates unwritten standards of proper social conduct, or (4) constitutes an act without due care. The wrongdoer is liable if there is fault (which may be presumed in certain cases), the damage is attributable to them, and there's causal connection. Covers everything from traffic accidents to defamation, unfair competition to privacy violations. Both natural persons and legal entities can commit onrechtmatige daad.
Wanprestatie (Breach of Contract)
Failure to perform contractual obligations as agreed. Includes non-performance, defective performance, and late performance. When wanprestatie occurs, the injured party can demand: (1) specific performance (nakoming) compelling the breaching party to fulfill their obligation, (2) damages (schadevergoeding) for losses suffered, (3) contract termination (ontbinding) ending the agreement, or (4) price reduction for defective performance. The creditor must typically send a notice of default (ingebrekestelling) before exercising these remedies, unless the deadline has clearly passed or immediate performance is impossible. Unlike onrechtmatige daad, wanprestatie doesn't always require fault - some obligations are strict liability.
Schadevergoeding (Damages/Compensation)
Monetary compensation for loss or injury. Dutch law recognizes two main types: materiële schade (material damages) covering direct financial losses like property damage, medical costs, lost income, and business losses; and immateriële schade (immaterial damages) for non-economic harm like pain and suffering, which is only awarded in specific circumstances such as personal injury or honor violations. Damages must be proven and causally connected to the wrongful act or breach. The injured party has a duty to mitigate damages (schadebeperkingsplicht). Punitive damages don't exist in Dutch law - compensation aims to restore the victim to their pre-harm position, not punish the wrongdoer. Interest (wettelijke rente) accrues from the date of damage.
Verjaring (Limitation Period
Time limit within which legal claims must be filed, after which they become unenforceable. The standard limitation period is five years from the day after the claimant knew or should reasonably have known of both the damage and the liable party. Absolute limitation occurs 20 years after the event, regardless of knowledge. Specific periods apply to certain claims: two years for personal injury (from discovery), three years for product defects, five years for professional liability. Limitation can be interrupted by acknowledgment of the claim, payment, or filing a lawsuit. Once expired, the claim is extinguished - the court will dismiss it even if otherwise valid. Critical to monitor limitation periods and act before expiration.
Bewijslast (Burden of Proof)
The obligation to prove facts supporting one's legal position. General rule: "he who asserts must prove" (wie stelt, bewijst). The claimant must prove the facts giving rise to their claim; the defendant must prove facts supporting their defense. Standard of proof is preponderance of evidence (more likely than not), lower than criminal law's beyond reasonable doubt. Evidence can include written documents (strongest), witness testimony, expert opinions, and circumstantial evidence. Courts have broad discretion to evaluate evidence and can reverse the burden of proof in specific situations, such as when one party exclusively controls relevant information. Failure to meet the burden of proof results in dismissal of the claim or defense.
Dwangsom (Penalty Payment
A court-ordered periodic penalty payment (similar to contempt of court) to compel compliance with a judgment. When a court orders someone to perform an action or cease conduct, it can attach a dwangsom: a fine payable to the other party (not the state) for each day or instance of non-compliance, up to a maximum amount. For example, a court might order a company to stop infringing a trademark and impose a dwangsom of €5,000 per day of continued infringement, up to €500,000 maximum. The dwangsom is separate from damages - it's meant to ensure compliance, not compensate loss. Common in injunction cases, contract enforcement, and intellectual property disputes. Effective because it applies automatically without further court proceedings once violated.
Conservatoir Beslag (Interim Attachment)
Provisional seizure of a debtor's assets to secure a claim before obtaining a final judgment. Used when there's urgent need to prevent the debtor from disposing of assets, making collection impossible. Can attach bank accounts, real estate, inventory, receivables, or other property. Requires court permission and the creditor must show: (1) a credible claim, and (2) urgent need for attachment. The creditor must typically post a bond to cover potential damages if the attachment proves unjustified. After attachment, the creditor must start main proceedings within 14 days or the attachment lapses. Powerful tool to pressure settlement or preserve recovery prospects, but carries risk if the underlying claim fails. Commonly used in commercial disputes, especially with international parties or flight risks.
Ingebrekestelling (Notice of Default)
Formal written notice given to a party who has failed to perform their obligation, putting them officially "in default" (in verzuim). Required before the creditor can claim damages for delay, terminate the contract, or seek court enforcement. Must clearly state: (1) what obligation hasn't been fulfilled, (2) a reasonable deadline for performance, and (3) consequences of continued non-performance. Not required when: the deadline has clearly passed and performance remains absent, performance is permanently impossible, or the debtor has clearly indicated they won't perform. The notice starts the clock on default interest and allows the creditor to exercise remedies for breach. Should be sent by registered mail or email with read receipt for proof. Essential first step in most contract enforcement actions.
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