Contract Law in the Netherlands, Second Edition
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Netherlands covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations.
An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
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Abbreviations and References.
Preface to the First Edition (1995).
Preface to the Second Edition.
Preface to the Third Edition.
Preface to the Fourth Edition.
Chapter 1. The General Background of the Country.
Chapter 2. Distinction between Public Law and Private Law.
Chapter 3. Distinction between Civil Law and Commercial Law.
Introduction to the Law of Contracts.
Chapter 1. Definition of a Contract.
Chapter 2. Historical Background of the Law of Contracts.
Chapter 3. Classification of Contracts.
Chapter 4. Contract and Tort.
Chapter 5. Contracts and Quasi-contracts.
Chapter 6. Contract and Trust.
Chapter 7. Contract and the Law of Property.
Chapter 8. Good Faith and Fair Dealing.
Chapter 9. Style of Drafting.
Chapter 10. Sources of the Law of Contract.
Part I. General Principles of the Law of Contract.
Chapter 1. Formation.
Part II. Conditions of Substantive Validity.
Chapter 1. Substantive Validity.
Chapter 2. Annulment, Nullity.
Part III. The Contents of a Contract.
Chapter 1. Express and Implied Terms.
Chapter 2. Interpretation.
Chapter 3. Conditional Contracts.
Part IV. Contracts and Third Persons.
Chapter 1. Privity of Contract; Contract for the Benefit of a Third Party.
Chapter 2. Transmission of Contractual Rights.
Chapter 3. The Special Case of a ‘Sub-contract’: e.g., the Contract with a Subcontractor.
Chapter 4. Actio Pauliana.
Part V. The End of the Contract.
Chapter 1. Performance and Breach.
Chapter 2. Impossibility, Hardship and Frustration.
Chapter 3. Discharge by Agreement.
Part VI. Remedies.
Chapter 1. Remedies.
Chapter 2. Damages and Exemption Clauses.
Chapter 3. Restitution.
Part VII. Special Topics.
Chapter 1. Agency.
Chapter 2. Bailment (Deposit).
Chapter 3. Gaming and Wagering.
Chapter 4. Sale of Goods.
Chapter 5. Building Contracts.
Chapter 6. Lease.
Chapter 7. The Settlement Contract.
Chapter 8. Suretyship.
Chapter 9. Pledge.
Chapter 10. Contracts with the Government and Other Public Administrations.
Chapter 11. Quasi-Contracts.
Annex: Table of Contents of the Books 3 and 6 of the Dutch Civil Code.