Book 10 Private International Law

Title 10.1 General provisions

Article 10:1 Conventions and Community legislation
remain effectiveThe provisions of the present Book (Book
10) and of other statutory regulations of private international
law do not affect International and Community legislation
that is binding for the Netherlands.
Article 10:2 Application ex officioThe rules of private
international law and the law designated by those rules shall
be applied ex officio (i.e. applied by the court of its own
motion).
Article 10:3 Dutch law of civil proceduresDutch law shall
apply to the conduct and procedure of legal proceedings in
Dutch courts.
Article 10:4 Preliminary question to be answered first
If the question which legal effects arise from a fact has to be
answered as a preliminary question in connection with
another question which is governed by foreign law, then that
preliminary question shall be regarded as a self-dependant
question.
Article 10:5 Meaning of 'application of the law of a
State'The application of the law of a Sate shall mean the
application of the rules of law of that State to the exclusion
of its private international law.
Article 10:6 Conflict with Dutch public orderForeign law
shall not be applied to the extent that the application thereof
is obviously incompatible with public order.
Article 10:7 Application of special mandatory law- 1.
Provisions of special mandatory law are provisions of which

the observance is of such importance to a State for the

preservation of its public interests, such as its political, social
or economic organisation, that they must be applied to every
case falling within the scope of such provisions, regardless
which law is applicable apart from that.- 2. The application
of the law which is designated by a conflict of law rule, shall
be ignored to the extent that, in the given case, provisions of
special mandatory law of the Netherlands are applicable.- 3.
In the application of the law which is designated by a conflict
of law rule, effect may be given to provisions of special
mandatory law of a foreign State with which the case is
closely connected. When deciding whether effect has to be
given to such foreign provisions, account is taken of the
nature and intention (purpose) of these provisions and of the
outcome of the application or non-application thereof.
Article 10:8 Close connection of a case with a State- 1.
The law that is designated by a legal rule which itself is
based on a presumed close connection with that law, shall,
by way of exception, remain inapplicable if, in view of all
circumstances of the case, the close connection presumed in
that legal rule, obviously only exists to a small extent, while
there exists a much closer connection with another law. - 2.
Paragraph 1 does not apply where parties have made a valid
choice of law.
Article 10:9 Unacceptable violation of parties
confidence or of legal certaintyWhere a fact has certain
legal effects under the law that is applicable according to the
private international law of a foreign State involved, a Dutch
court may, even when the law of that foreign State is not be
applicable according to Dutch private international law,
attach the same legal effects to that fact, as far as a nonattachment of these legal effects would be an unacceptable
violation of the parties justified confidence or of legal

certainty.
Article 10:10 Choice of lawTo the extent that a choice of
law is allowed, it must have been made explicitly or it must
appear otherwise sufficiently clear.
Article 10:11 Legal incapacity of minors- 1. Whether a
natural person is a minor (under age) and to what extent he
has the legal capacity to perform juridical acts, shall be
determined by his national law. If the person involved
possesses the nationality of more than one State and his
habitual residence is located in one of these States, then the
law of that State shall be his national law. Where his habitual
residence is not located in one of these States, then his
national law shall be the law of the State of his nationality
with which he, taken into consideration all circumstances, is
most closely connected.- 2. In regard of a more-sided
(multilateral) juridical act falling outside the scope (field of
application) of the Regulation of the European Parliament
and Council of 17 June 2008 on the Law Applicable to
Contractual Obligations (the Rome I Regulation), (EC) No
593/2008, Article 17 of that Regulation shall apply
accordingly to the right to invoke the legal incapacity or legal
incompetence of a natural person who is a party to a juridical
act.
Article 10:12 Juridical act subject to formal
requirements- 1. In terms of formal requirements, a
juridical act shall be valid if it meets the formal requirements
of the foreign law that is applicable to the juridical act itself
or of the law of the State where the juridical act is
performed.- 2. A juridical act performed between two
persons who find themselves in different States is, in terms
of formal requirements, valid if it meets the formal
requirements of the law that is applicable to the juridical act
itself, or of the law of one of those different States, or of the

law of the State where the habitual residence of one of the

persons is located.- 3. If the juridical act has been
performed by a representative, then a State as referred to in
paragraph 1 and 2 shall mean the State where the
representative finds himself at the moment that the juridical
act is performed or where his habitual residence is located at
that moment.
Article 10:13 Legal presumption and burden of proof
The law that is governing a legal relationship or legal fact,
shall apply also to the extent that it constitutes legal
presumptions with respect to that legal relationship or legal
fact, or contains rules for the distribution of the burden of
proof.
Article 10:14 Prescription and existence of rights and
legal claims (rights of action)Whether a right or legal
claim (right of action) has become prescribed or has ceased
to exist, shall be determined by the law that applies to the
legal relationship from which that right or legal claim (right
of action) has arisen.
Article 10:15 More legal systems within one State- 1. If
the national law of a natural person is applicable and the
State of the nationality of the involved person has two or
more legal systems that are applicable to various categories
of people or in different territories, then the relevant rules of
that State, set for this purpose, shall determine which of
those legal systems is applicable.- 2. If the national law of
the habitual residence of a natural person is applicable and
the State of the habitual residence of the person involved
has two or more legal systems that are applicable to various
categories of people or in different territories, then the
relevant rules of that State, set for this purpose, shall
determine which of those legal systems is applicable.- 3.
Where rules as meant in paragraph 1 and 2 are not existing

in a State or where they, in the given circumstances, do not

lead to a designation of an applicable legal system, the legal
system of the State shall be applied with which the person
involved, taking into account al circumstances, is most
closely connected.
Article 10:16 Natural person without (an ascertained)
nationality- 1. If the national law of a natural person is
applicable and the person involved is stateless or his
nationality cannot be ascertained, the law of the State where
his habitual residence is located is deemed to be his national
law.- 2. The rights acquired by such person in the past and
which result from his civil status, in particular the rights
resulting from marriage, shall be respected.
Article 10:17 Civil status of aliens- 1. The civil status of
an alien (foreigner) to whom a residence permit as meant in
Article 28 or 33 of the Aliens Act 2000 is granted and of an
alien (foreigner) who has obtained an according resident
status in a foreign country, is governed by the law of the
State where his domicile is located or, when he has no
domicile, by the law of the State where his habitual
residence is located.- 2. The rights acquired by such alien
(foreigner) in the past and which result from his civil status,
in particular the rights resulting from marriage, shall be
respected.

Title 10.2 Name

Article 10:18 Implementation of the Munich
Convention on NamesThe present Title (Title 10.2)
implements also the Convention on the Law Applicable to
Surnames and Forenames concluded at Munich on 5

September 1980 (Treaty Series 1981, 72).

Article 10:19 Applicable law for the determination of
the names of an alien (foreigner)- 1. The surname and
forenames of an alien (foreigner) shall be determined by the
law of the State of his nationality. The law of that State
includes the rules of private international law of that State.
For this purpose exclusively, the situations on which
surnames and forenames depend shall be assessed in
accordance with the law of that State. - 2. When an alien
(foreigner) has more than one nationality, the law of the
State of which he has the nationality and with which he,
taken all circumstances into account, is most closely
connected, shall be applicable.
Article 10:20 Applicable law for the determination of
the names of a person of Dutch nationalityThe surname
and the forenames of a person of Dutch nationality shall be
determined, regardless whether he has another nationality
as well, by Dutch law. This will even be the case when
foreign law is applicable to the familial relationship and the
existence or ending of that relationship may have effect on
the surname.
Article 10:21 Additional mark in the birth certificate of
a person with more than one nationalityA person who
possesses more than one nationality, may request the
Registrar of Civil Status to add a later mark to his birth
certificate of the name that is used by him in accordance
with the law of one of the States of which he has the
nationality, but which law has not been applied.
Article 10:22 Applicable law in case of a change of
nationality- 1. In case of a change of nationality, the law of
the State of the new nationality shall apply, including the
rules of law of that State concerning the effects of the

change of nationality on names.- 2. When an alien

(foreigner) obtains the Dutch nationality, this shall not result
in a change of his surname or forename(s), except where it
concerns the provisions of Article 10:25, under (b), or the
provisions of Article 6, paragraph 5, and Article 12 of the
Dutch Nationality Act (also known as Dutch Citizenship Act)
Article 10:23 Application of Dutch law when it is
impossible to determine the foreign law applicable- 1.
If the Registrar of Civil Status, when drawing up a certificate
in which the surname and forename(s) of an alien
(foreigner) must be inserted, applies Dutch law because he
is unable to establish the contents of the law which is
applicable to the determination (assessment) of these
names, he shall report his decision without delay to the
public prosecutor at the District Court within the territory of
which the certificate is registered in the Registers of Civil
Status.- 2. A certificate drawn up in the way meant in the
previous paragraph may, upon the request of any interested
person or of the Public Prosecution Service, be corrected
under the application of Article 1:24. Such a request of an
interested person shall be dealt with free of charge under
application of the Legal Aid Act.
Article 10:24 Recognition of names and a change of
name established outside the Netherlands- 1. When the
surname or forenames of a person have been recorded at
the occasion of a birth outside the Netherlands or have been
changed as a result of a change made in the civil status
outside the Netherlands, and the surname or forenames
have been laid down in a certificate drawn up for this
purpose by a competent authority in accordance with local
regulations, then such recorded or changed surname or
forenames shall be recognized in the Netherlands. Such
recognition cannot be refused as being incompatible with
public order on the sole ground that another law has been

applied than the law that would have been applicable

pursuant to the provisions of the Dutch Civil Code.- 2. The
provisions of paragraph 1 shall not affect the application of
Article 10:25.
Article 10:25 Determination of names of a child that
has the Dutch nationality (choice of name)- 1. For the
purpose of Article 1:5 the following rules have to be
observed:a. when a child has been legally recognized or
legitimated outside the Netherlands, and as a result thereof
has entered into a legal familial relationship to its father and,
due to that, it obtained or retained (kept) the Dutch
nationality, whereas the surname of that child, after this
recognition or legitimation, has not yet been determined on
the basis of Article 1:5, paragraph 2, then the mother and
the person who has recognized the child may still jointly
declare, up until two years after the recognition or
legitimation, which of their two surnames the child will have.
Where the child, at the time of recognition or legitimation,
has reached the age of sixteen years, it may, up until two
years after the recognition or legitimation, still declare itself
whether it wants to have the surname of its father or its
mother.b. if a minor child, that is legally recognized by a
person of Dutch nationality or that has become, without such
recognition, by legitimation the child of a person of Dutch
nationality, has obtained by option (choice) Dutch nationality,
while at the time that this option is exercised it stands into a
legal familial relationship to both of its parents, then its
parents may declare jointly, at the occasion of the exercise
of that option, which of their two surnames the child will
have. Where the child, at the time that the option is
exercised, has reached the age of sixteen years, it shall
declare itself whether it wants to have the surname of its
father or its mother.c. if a child due to an adoption that was
decreed outside the Netherlands has obtained the Dutch

nationality and if the surname of that child has not yet been
determined after this adoption pursuant to a choice of name
as meant in Article 1:5 paragraph 3, then its parents may
still declare jointly, up until two years after the adoption
order has become final and binding, which of their two
surnames the child will have. Where the child, at the time
that the adoption order becomes final and binding, has
reached the age of sixteen years, it may, up until two years
after that date, still declare itself whether it wants to have
the surname of its father or its mother. d. the declaration on
a choice of name as referred to in Article 1:5, paragraph 4,
can be made prior to the birth of the child if at least one
parent at the time of the declaration is of Dutch nationality.
e. if a child, that is born outside the Netherlands, has
entered through birth into a legal familial relationship to both
parents and possesses the Dutch nationality, whereas the
surname of that child, as reported in its birth certificate, has
not yet been determined pursuant to a choice of name as
meant in Article 1:5, paragraph 4, then its parents may still
declare jointly, up until two years after the birth, which of
their two surnames the child will have.f. if the paternity of a
child has been validly established outside the Netherlands
and, as a result thereof, this child obtained or retained (kept)
the Dutch nationality, whereas the surname of that child,
after the establishment of paternity, has not yet been
determined pursuant to a choice of name as meant in Article
1:5, paragraph 2, then its mother and the man whose
paternity has been established by the court may declare
jointly, up until two years after that court order has become
final and binding, which of their two surnames the child will
have. Where the child, at the time that the before mentioned
court order becomes final and binding, has reached the age
of sixteen years, it may, up until two years after that date,
still declare itself whether it wants to have the surname of its
father or its mother.g. in respect of the possibilities to make

a choice of name as presented under the present paragraph,

under (a) up to and including (f), it is indifferent whether the
child has another nationality besides its Dutch nationality.2. In the situation meant in paragraph 1, under (b), the
declaration on the choice of name is made in front of the
Registrar of Civil Status of the municipality where the option
for the Dutch nationality is received. In the other situations,
the declaration on a choice of name may be made in front of
any Registrar of Civil Status in the Netherlands.
Article 10:26 Transitional lawUpon the request of an
interested party, the surnames and forenames mentioned on
certificates of civil status which are registered prior to 1
January 1990 in the Registers of Civil Status, will be changed
in accordance with the provisions of the present Title (Title
10.2). Where the request relates to an alien (foreigner), the
change must appear from a document drawn up by a
competent authority of the State of his nationality. The
changes will be made in the relevant certificates of civil
status by adding a later mark to it.

Title 10.3 Marriage

Section 10.3.1 Contracting and
recognition of the validity of marriages
Article 10:27 Scope of applicationThe present Section
(Section 10.3.1) implements the Convention on Celebration
and Recognition of the Validity of Marriages, concluded at the
Hague on 14 March 1978 (Treaty Series 1987,137). It is
applicable to the contracting of marriages in the Netherlands
if, in relation to the nationality or residence of the
prospective spouses, a choice has to be made with regard to

the question which national law governs the legal

requirements for entering into a marriage, and it is
applicable also to the recognition of marriages contracted
abroad. It does not apply to the power (competence) of the
Registrar of Civil Status.
Article 10:28 Recognition of the contracting of a
marriageA marriage is contracted:a. if each of the
prospective spouses meets the requirements for entering
into a marriage set by Dutch law and one of them is
exclusively or also of Dutch nationality or has his habitual
residence in the Netherlands, or;b. if each of the prospective
spouses meets the requirements for entering into a marriage
of the State of his nationality.
Article 10:29 Contracting of a marriage in conflict with
public order- 1. Irrespective of what is provided for in
Article 10:28, no marriage can be contracted if the
contracting of that marriage could not be accepted on the
basis of Article 10:6 (i.e. incompatible with Dutch public
order), and in any case if:a. the prospective spouses have
not reached the age of fifteen years;b. the prospective
spouses are related to each other by blood or by adoption in
the direct line or, by blood, as brother and sister;c. the free
consent of one of the prospective spouses is missing or the
mental capacity of one of them is so disturbed that he is
unable to determine his own will or to understand the
significance of his declarations;d. the marriage would be in
conflict with the rule that a person may only be united in
marriage with one other person at the same time;e. the
marriage would be in conflict with the rule that a person who
wants to enter into a marriage may not simultaneously be
registered as a partner in a registered partnership.- 2. The
contracting of a marriage cannot be refused on the ground
that there is an impediment to this marriage under the law
of the State of which one of the prospective spouses has the

nationality, if that impediment cannot be accepted on the

basis of Article 10:6 (i.e. if the impediment itself is contrary
to Dutch public order).
Article 10:30 Necessary formal requirements in the
Netherlands for the contracting of a marriageIn terms
of formal requirements, a marriage can only be contracted
validly in the Netherlands in front of a Registrar of Civil
Status and with due observance of Dutch law, on the
understanding, however, that foreign diplomatic and consular
civil servants may participate in the contracting of a
marriage in accordance with the requirements of the law of
the State they represent, provided that none of the involved
spouses is or is also of Dutch nationality.
Article 10:31 Recognition of foreign marriages- 1. A
marriage that is contracted outside the Netherlands and that
is valid under the law of the State where it took place or that
has become valid afterwards according to the law of that
State, is recognised in the Netherlands as a valid marriage.2. A marriage contracted outside the Netherlands in front of
a diplomatic or consular civil servant in accordance with the
requirements of the law of the State that is represented by
this civil servant, is recognized in the Netherlands as a valid
marriage, unless it was not allowed to contract such a
marriage in the State where the marriage took place.- 3. For
the purposes of paragraph 1 and 2, the word law includes
rules of private international law.- 4. A marriage is presumed
to be valid if a marriage certificate has been issued by a
competent authority.
Article 10:32 Recognition of a foreign marriage
incompatible with Dutch public orderIrrespective of what
is provided for in Article 10:31, a marriage that is contracted
outside the Netherlands shall not be recognised in the
Netherlands where such recognition obviously would be

incompatible with Dutch public order.

Article 10:33 Applicability of Articles 10:31 and 10:32
to principal and preliminary issuesArticles 10:31 and
10:32 shall apply, regardless whether a decision has to be
made about the recognition of the validity of a marriage as a
principal issue or as a preliminary question in connection
with another principle issue.
Article 10:34 Transitional law- 1. The present Section
(Section 10.3.1) does not apply to the recognition of the
validity of marriages that have been contracted prior to 1
January 1990.- 2. Without prejudice to Article 10:6,
marriages that have been contracted after 1 January 1990
and prior to 15 January 1999 in front of foreign diplomatic
and consular civil servants in accordance with the law of the
State represented by them, are deemed to be valid if one of
the spouses possesses the Dutch nationality exclusively or
also and the other spouse possesses the nationality, either
exclusively or also, of the State represented by the
diplomatic or consular civil servants.- 3. Article 10:30
applies to marriages contracted after 15 January 1999 in
front of foreign diplomatic and consular civil servants.

Section 10.3.2 Legal relations between

spouses mutually
Article 10:35 Law applicable to personal legal relations
between the spouses - 1. Personal legal relations between
spouses themselves are governed by the law designated by
the spouses prior to or during the marriage, whether or not
under a simultaneous change of an earlier made designation
of the law applicable.- 2. The spouses can designate only
one of the following legal systems:a. the law of the State of
the common nationality of the spouses, or;b. the law of the
State where they both have their habitual residence.- 3. In

terms of formal requirements, a designation as meant in the

present Article shall be valid if the formal requirements for
such designation have been observed of the law which is
applicable to the marital property regime of the spouses.
Article 10:36 Designation by law when no choice is
made In the absence of a designation of the applicable law
by the spouses, personal legal relations between spouses
themselves are governed:a. by the law of the State of the
common nationality of the spouses, or in the absence of a
common nationality,b. by the law of the State where they
both have their habitual residence, or in the absence
thereof;c. by the law of the State with which they are, taken
all circumstances into account, most closely connected.
Article 10:37 Common nationalityIf spouses have a
common nationality, then, for the purpose of Article 10:36,
their common national law shall be the law of that nationally,
irrespective of whether they both or one of them has another
nationality also. Where the spouses possess more than one
common nationality, they are deemed not to possess a
common nationality for the purpose of the present Article.
Article 10:38 Change in designation made by parties or
by lawIf a designation as meant in Article 10:35 or a change
in the circumstances mentioned in Article 10:36 leads to the
application of another law than the one that was applicable
prior to that, then that other law shall be applicable as of the
moment of that designation or change.
Article 10:39 Law applicable to obligations regarding
costs of the householdThe question whether and to what
extent a spouse is liable for an obligation which the other
spouse has entered into on behalf of the ordinary household,
will be governed, if that other spouse and his counterparty
both had their habitual residence in the same State at the

moment on which they entered into that obligation, by the

law of that State and, in the absence of such situation, by
the law applicable to the obligation.
Article 10:40 Legally required approval of the other
spouse for performing juridical actsThe question
whether a spouse needs the other spouse's approval for the
performance of a juridical act, and if so, in which form this
approval should be granted, and whether the required
approval can be replaced by a decision of a court or another
authority, and which legal effects arise when the required
approval is lacking, is governed by the law of the State
where the other spouse has his habitual residence at the
moment on which the juridical act in question was
performed.
Article 10:41 Law applicable to the marital property
regime or to the personal legal relations is indifferent
The provisions of Articles 10:39 and 10:40 are applicable
irrespective of the law which governs the marital property
regime of the spouses and irrespective of the law applicable
to the personal legal relations between the spouses mutually.

Section 10.3.3 The marital property

regime
Article 10:42 The Hague Marital Property Convention
For the purpose of the present Section (Section 10.3.3), the
Hague Marital property Convention 1978 shall mean the
Convention on the Law Applicable to Matrimonial Property
Regimes, concluded at the Hague on 14 March 1978 (Treaty
Series 1988, 130).
Article 10:43 Law applicable to marital property
regimeIn the absence of a designation of the applicable law
under the Hague Marital Property Convention 1978, except in

the situation meant in Article 5, paragraph 2, or Article 7,

paragraph 2, of that Convention, the marital property regime
of spouses who both, at the moment that they entered into
their marriage, possessed the Dutch nationality, shall be
governed by Dutch law, irrespective of whether they both or
one of them has another nationality also. Where both
spouses have more than one common nationality, they are
deemed not to have a common nationality for the purpose of
the present Article.
Article 10:44 Legal effects towards third personsThe
legal effects of the marital property regime in respect of
legal relations between the spouses on the one hand and a
third person on the other, are governed by the law applicable
to the marital property regime.
Article 10:45 Registration that foreign law is
applicable to the marital property regimeA spouse
whose marital property regime is governed by foreign law
may request for the registration of a notarial deed in the
public register meant in Article 1:116, containing a
statement that the marital property regime is not governed
by Dutch law.
Article 10:46 Protection of third persons against
application of foreign marital property regime- 1. A
third person who has performed a juridical act during the
marriage with a spouse whose marital property regime is
governed by foreign law, may also after the dissolution of
the marriage, provided that he as well as both spouses had
their habitual residence in the Netherlands at the moment
that this juridical act was performed, take recourse for his
debt-claim resulting from that juridical act against the
spouses as if there would exist a general community of
property according to Dutch law.- 2. Paragraph 1 does not
apply if the third person at the moment on which he

performed the juridical act knew or ought to have known

that the marital property regime of the spouses was
governed by foreign law. This is deemed to be the case if the
juridical act was performed at a moment on which fourteen
days have passed since the notarial deed meant in Article
10:45 was registered in the public register referred to in that
Article.
Article 10:47 Advantage enjoyed in connection with
the law applicable to an asset abroadIf one of the
spouses has enjoyed an advantage over the other spouse
due to the fact that an asset, located abroad, is governed by
the law of a State that has been designated under the rules
of private international law of the State where this asset is
located, while this advantage would not have been enjoyed
under the law designated on the basis of the provisions of
the present Book (Book 10), then the other spouse may
claim an equalisation or compensation of that advantage at
the final settlement of the account made between the
spouses in connection with the ending or alteration of their
marital property regime.
Article 10:48 Application of Article 1:92(3) when
recourse is taken against the spousesArticle 1:92,
paragraph 3, shall apply only where recourse is taken within
the Netherlands against:a. a spouse whose marital property
regime is governed by Dutch law, or;b. a spouse against
whom recourse may be taken pursuant to the provisions of
Article 10:46.
Article 10:49 [repealed on 01-01-2012]
Article 10:50 Applicability of Article 1:131 (furnishing
evidence of an entitlement to an asset) The provisions
of Article 1:131 are applicable even when the marital
property regime of the spouses is governed by foreign law.

Article 10:51 Right to equalisation of accrued pension

entitlementsWhether a spouse is entitled, at the occasion
of a divorce or legal separation, to a part of the pension
rights accrued on behalf of the other spouse, is governed by
the law applicable to the marital property regime of the
spouses, except where it concerns Article 1, paragraph 7, of
the Act on the Equalisation of Pension Entitlements after
Separation.
Article 10:52 Transitional law- 1. The present Section
(Section 10.3.3) is applicable to the marital property regime
of spouses who have entered into their marriage after 1
September 1992.- 2. In derogation from paragraph 1, Article
10:51 shall be applicable to the equalisation of pension
rights of spouses who are legally separated after 1 March
2001 or whose marriage has been dissolved after 1 March
2001.- 3. The provisions of the present Section (Section
10.3.3) regarding the designation of the applicable law are
applicable as well to the marital property regime of spouses
who entered into their marriage prior to 1 September 1992
and who, after that date, have designated the law applicable
to their marital property regime.
Article 10:53 Designation of applicable law before 1
September 1992A designation by the spouses of the law
applicable to their marital property regime or a change of
such designation made prior to 1 September 1992, cannot
be regarded as invalid on the sole ground that such
designation at that time was not regulated by legislation.
This, however, does not apply to situations in which the
provisions of the Convention on the Effects of Marriages,
concluded at the Hague on 17 July 1905 (Treaty Series 1912,
285), were applicable to the marital property regime of the
spouses and the designation of the applicable law was made
prior to 23 August 1977.*)

*) This is the day that the aforementioned Convention, containing

rules in regard of conflicts of law with respect to the legal effects
of a marriage for the rights and obligations between spouses
within their personal legal relations and for their property, ceased
to be in force for the Netherlands.

Section 10.3.4 Dissolution of marriage

and legal separation
Article 10:54 Implementation of the Hague and
Luxembourg ConventionThe present Section (Section
10.3.4) also implements the: a. Convention on the
Recognition of Divorces and Legal Separations, concluded at
the Hague on 1 June 1970 (Treaty Series 1979, 131), and;b.
Convention on the Recognition of Decisions Relating to the
Validity of Marriages concluded at Luxembourg on 8
September 1967 (Treaty Series 1979, 130).
Article 10:55 Exclusive jurisdiction of Dutch courts
within the NetherlandsWithin the Netherlands only a
Dutch Court may decree the dissolution of a marriage or a
legal separation.
Article 10:56 Applicable law- 1. Whether a dissolution of
a marriage or a legal separation can be decreed and on
which grounds, shall be determined by Dutch law.- 2. In
derogation from paragraph 2, the law of the State of the
foreign common nationality of the spouses shall be
applicable in legal proceedings: a. if parties jointly have
made a choice for that law or if one of the spouses has made
a choice for that law and the other spouse has not made any
objections against this.b. if one of the spouses has made a
choice for that law and both spouses really have a social
bond with the State of their common nationality.- 3. A choice
of law as referred to in the previous paragraph must be
made explicitly or appear otherwise sufficiently clear from
the wording of the application (request) or counter-plea.

Article 10:57 Recognition of foreign decisions

regarding a dissolution of a marriage or a legal
separation- 1. A dissolution of a marriage (divorce) or legal
separation decreed outside the Netherlands after a proper
administration of justice is recognized in the Netherlands if it
has been decreed by a decision of a court or other authority
to whom jurisdiction on this matter has been granted.- 2. A
dissolution of a marriage (divorce) or legal separation
decreed outside the Netherlands, that does not meet one or
more of the conditions stated in the previous paragraph,
shall nevertheless be recognized in the Netherlands if it is
clear that the other party in the foreign legal proceedings
explicitly or tacitly during these proceedings has consented
to the dissolution of the marriage or legal separation or if it
is clear that the other party after those proceedings has
accepted the dissolution of the marriage (divorce) or the
legal separation.
Article 10:58 Repudiation of the wife by the husbandA
dissolution of a marriage (divorce) that has been proclaimed
outside the Netherlands solely by means of a one-sided
(unilateral) declaration of the man shall be recognized if:a.
the dissolution of the marriage (divorce) in this form reflects
the national law of the man who has dissolved the marriage
one-sided;b. the dissolution has legal effect in the State
where it took place, and;c. it is apparent that the wife
explicitly or tacitly has consented to or has accepted the
dissolution of her marriage (divorce).
Article 10:59 Conflict with Dutch public orderDespite of
Articles 10:57 and 10:58, the recognition of a dissolution of
a marriage proclaimed outside the Netherlands shall be
refused if such recognition is obviously incompatible with
public order.

Title 10.4 Registered partnership

Section 10.4.1 Entering into a registered
partnership in the Netherlands
Article 10:60 Law applicable to the constitution of a
registered partnership - 1. The entry into a registered
partnership in the Netherlands is subject to the provisions of
Article 1:80a.- 2. The capacity (possibility) of each of the
partners to enter into a registered partnership with each
other in the Netherlands, is governed by Dutch law.- 3. In
terms of formal requirements, a registered partnership can
only be entered into validly in the Netherlands in front of a
Registrar of Civil Status with due observance of Dutch law,
on the understanding, however, that foreign diplomatic and
consular civil servants may participate in the entry into a
registered partnership in accordance with the requirements
of the law of the State they represent, provided that none of
the involved partners is or is also of Dutch nationality.

Section 10.4.2 Recognition of a

registered partnership from outside the
Netherlands
Article 10:61 Fundamental requirements for a
registered partnership entered into outside the
Netherlands- 1. A registered partnership that is entered
into outside the Netherlands and that is valid under the law
of the State where it is entered into or that has become valid
afterwards according to the law of that State, is recognised
in the Netherlands as a valid registered partnership.- 2. A
registered partnership that is entered into outside the
Netherlands in front of a diplomatic or consular civil servant
in accordance with the requirements of the law of the State
represented by this civil servant, is recognized in the
Netherlands as a valid registered partnership, unless it was

not allowed to enter into such registered partnership in the

State where this action took place.- 3. For the purposes of
paragraph 1 and 2, the word law includes rules of private
international law.- 4. A registered partnership is presumed
to be valid if a certificate of registered partnership has been
issued by a competent authority.- 5. Irrespective of what is
provided in paragraph 1 and 2, a registered partnership
which is entered into outside the Netherlands can only be
recognised as such if it concerns a legally regulated form of
cohabitation of two persons maintaining a close personal
relationship with each other, that at least:a. is registered by
a public authority competent to make such registrations at
the place where this action took place;b. excludes the
existence of a marriage or another legally regulated form of
cohabitation with a third person, and;c. creates duties
(obligations) between the partners that in essence
correspond with the marital duties of spouses that the law
connects to a marriage.
Article 10:62 Conflict with Dutch pubic orderDespite of
Article 10:62, a recognition of a registered partnership
entered into outside the Netherlands shall be refused if such
recognition is obviously incompatible with public order.
Article 10:63 Application of statutory provisions to
principal and preliminary issuesArticles 10:61, 10:62 and
10:63 shall be applicable, regardless whether a decision has
to be made about the recognition of the validity of a
registered partnership as a principal issue or as a preliminary
question in connection with another principle issue.

Section 10.4.3 Personal legal relations

between registered partners
Article 10:64 Law applicable to the personal legal
relations between the partners mutually- 1. The

personal legal relations between partners themselves are

governed by the law designated by the partners prior to or
during their registered partnership, whether or not
simultaneously with a change of a previous designation.- 2.
The partners can only designate a legal system which
provides for a registered partnership itself.- 3. In terms of
formal requirements, a designation as meant in the present
Article shall be valid if the formal requirements for such
designation set under the law which is applicable to the
partnership property regime have been observed.
Article 10:65 Law applicable to the personal legal
relations between the partnersIn the absence of a
designation of the applicable law by the partners, the
personal legal relations between partners who have entered
into their registered partnership in the Netherlands, shall be
governed by Dutch law. Where the partners have entered
into their registered partnership outside the Netherlands, the
personal legal relations between them shall be governed by
the law, including the private international law, of the State
where the registered partnership was entered into.
Article 10:66 Moment of applicability of another
designated lawWhere a designation as referred to in Article
10:64 leads to the applicability of another law than the one
that was applicable prior to that, this other law shall be
applicable as of the moment of that designation.
Article 10:67 Law applicable to obligations regarding
costs of the householdThe question whether and to what
extent a partner is liable for an obligation which the other
partner has entered into on behalf of the ordinary household,
will be governed, if that other partner and his counterparty
both had their habitual residence in the Netherlands at the
moment on which they entered into that obligation, by Dutch

law.
Article 10:68 Legally required approval of the other
partner for performing juridical actsThe question
whether a partner needs the other partners approval for the
performance of a juridical act, and if so, in which form this
approval should be granted, and whether the required
approval can be replaced by a decision of a court or another
authority, and which legal effects arise when the required
approval is lacking, is governed by Dutch law if the other
partner, at the moment on which the juridical act in question
was performed, has his habitual residence in the
Netherlands.
Article 10:69 Law applicable to the partnership
property regime or to the personal legal relations is
indifferentThe provisions of Articles 10:67 and 10:68 are
applicable irrespective of the law which governs the
partnership property regime of the partners and irrespective
of the law applicable to the personal legal relations between
the partners mutually.

Section 10.4.4 The partnership property

regime
Article 10:70 Law applicable to the partnership
property regime- 1. The property regime of a registered
partnership is governed by the law that has been designated
for this purpose by the partners prior to the moment that
they entered into their registered partnership.- 2. The law
designated as referred to in the previous paragraph shall be
applicable to the entire property of the partners. However,
with regard to all or a part of their immovable property or
with regard to immovable property that will be acquired in
future, the partners may designate, irrespective whether
they have proceeded to a designation as referred to in

paragraph 1, the law of the place (State) where that

property is located.- 3. In any event, partners can only
designate a legal system that provides for a registered
partnership itself.
Article 10:71 Law applicable to the partnership
property regime when the partners have not made a
choice of law- 1. Where the registered partnership is
entered into in the Netherlands and the partners have not
designated the applicable law before they entered into that
registered partnership, their partnership property regime
shall be governed by Dutch law.- 2. Where the registered
partnership is entered into outside the Netherlands and the
partners have not designated the applicable law before they
entered into that registered partnership, their partnership
property regime shall be governed by the law, including the
private international law, of the State where they entered
into their registered partnership.
Article 10:72 A change of the applicable law during the
registered partnership- 1. The partners may submit their
partnership property regime during their registered
partnership to another internal (national) law than the one
that applied to it up until then.- 2. Article 10:70, paragraph
2 and 3, shall apply accordingly in such event.
Article 10:73 Change of nationality or habitual
residence has no effect on the applicable law The law
that by virtue of the provisions of the present Section
(Section 10.4.4) is governing the partnership property
regime or that has been designated by the partners as the
applicable law, remains applicable as long as the partners
have not designated another applicable law, even in the
event of a change of their nationality or habitual residence.
Article 10:74 Determining whether the partners have

reached consensus about a choice of lawThe

requirements to determine whether the partners have
reached consensus on the designation of the law that
governs their partnership property regime, are determined
by that law.
Article 10:75 Designation of the applicable law (choice
of law)The designation of the law that governs the
partnership property regime (choice of law) must be agreed
explicitly or result otherwise unambiguously from the terms
and conditions governing the registered partnership.
Article 10:76 Validity of the terms and conditions
governing the registered partnershipIn terms of formal
requirements, the terms and conditions governing the
registered partnership are valid if they are in conformity
either with the internal (national) law applicable to the
partnership property regime or with the internal (national)
law of the place (State) where these terms and conditions
were entered into. They must always be written down in a
dated document that is signed by both partners.
Article 10:77 Formal requirements for a choice of law
The explicitly agreed designation of the law governing their
partnership property regime (choice of law), must be done in
the same form as the one that has to be observed for the
terms and conditions that govern the registered partnership
either pursuant to the designated internal (national) law or
pursuant to the internal (national) law of the place (State)
where this designation was made. The designation must
always be written down in a dated document that is signed
by both partners.
Article 10:78 Law applicable to the property relations
of a partner towards third personsThe effects of the
partnership property regime on the legal relations between a

partner and a third person are governed by the law

applicable to the partnership property regime.
Article 10:79 Registration that the partnership
property regime is governed by foreign lawA partner
whose partnership property regime is governed by foreign
law may request for the registration of a notarial deed in the
public register meant in Article 1:116, containing a
statement that the partnership property regime is not
governed by Dutch law.
Article 10:80 Protection of third persons against
application of foreign partnership property regimes- 1.
A third person who has performed a juridical act during the
registered partnership with a partner whose partnership
property regime is governed by foreign law, may also after
the ending of the registered partnership, provided that he as
well as both partners had their habitual residence in the
Netherlands at the moment that this juridical act was
performed, take recourse for his debt-claim resulting from
that juridical act against the partners as if there would exist
a general community of property according to Dutch law.- 2.
Paragraph 1 does not apply if the third person at the
moment on which he performed the juridical act knew or
ought to have known that the partnership property regime of
the partners was governed by foreign law. This is deemed to
be the case if the juridical act was performed at a moment
on which fourteen days have passed since the notarial deed
meant in Article 10:79 was registered in the public register
referred to in that Article.
Article 10:81 Advantage enjoyed in connection with
the law applicable to an asset abroadIf one of the
partners has enjoyed an advantage over the other partner
due to the fact that an asset, located abroad, is governed by
the law of a State that has been designated under the rules

of private international law of the State where this asset is

located, while this advantage would not have been enjoyed
under the law designated on the basis of the provisions of
the Dutch Civil Code, then the other partner may claim an
equalisation or compensation of that advantage at the final
settlement of the account made between the partners in
connection with the ending or alteration of their partnership
property regime.
Article 10:82 Application of Article 1:92(3) when
recourse is taken against the partnersArticle 1:92,
paragraph 3, shall apply only where recourse is taken within
the Netherlands against:a. a partner whose partnership
property regime is governed by Dutch law, or;b. a partner
against whom recourse may be taken pursuant to the
provisions of Article 10:80.
Article 10:83 [repealed on 01-01-2012]
Article 10:84 Applicability of Article 1:131 (furnishing
evidence of an entitlement to an asset) The provisions
of Article 1:131 are applicable even when the partnership
property regime of the partners is governed by foreign law.
Article 10:85 Right to equalisation of accrued pension
entitlementsWhether a partner is entitled, at the occasion
of the ending of the registered partnership with mutual
consent, to a part of the pension rights accrued on behalf of
the other partner, is governed by the law applicable to the
partnership property regime of the partners, except where it
concerns Article 1 paragraph 7 of the Act on the Equalisation
of Pension Entitlements after Separation.

Section 10.4.5 Ending of a registered

partnership in the Netherlands

Article 10:86 Law governing the ending of a Dutch
registered partnershipWhether a registered partnership
that has been entered into in the Netherlands can be ended
by mutual consent of the partners or through a dissolution
and, if so, on what grounds, is governed by Dutch law.
Article 10:87 Law governing the ending of a foreign
registered partnership- 1. Whether a registered
partnership that has been entered into outside the
Netherlands can be ended by mutual consent of the partners
or through a dissolution and, if so, on what grounds, is
governed by Dutch law.- 2. In derogation from paragraph 1,
the law of the State where the registered partnership has
been entered into shall be applicable when the partners have
chosen for that law in their contract in which they have
ended their registered partnership by mutual consent.- 3. In
derogation from paragraph 1, the law of the State where the
registered partnership has been entered into shall be
applicable where in the legal proceedings:a. parties jointly
have made a choice for that law or one of the spouses has
made a choice for that law and the other spouse has not
made any objections against this.b. one of the spouses has
made a choice for that law and both spouses really have a
social bond with that State.- 4. The way in which a
registered partnership that has been entered into outside the
Netherlands, is ended by mutual consent of the partners or
through a dissolution, is governed by Dutch law.

Section 10.4.6 Recognition of the ending

of a registered partnership which ending
has been brought about abroad
Article 10.88 Recognition of an ending by mutual
consent or through a dissolution proclaimed in another

State- 1. Where a registered partnership has been ended

outside the Netherlands by mutual consent of the partners,
the ending will be recognised in the Netherlands if the
registered partnership has been ended validly according to
the law of that other State.- 2. Where a registered
partnership has been ended through a dissolution that has
been decreed outside the Netherlands after a proper
administration of justice, the ending will be recognized in the
Netherlands if it has been decreed by a decision of a court or
other authority to which jurisdiction on this matter has been
granted.- 3. The ending of a registered partnership obtained
outside the Netherlands through a dissolution, that does not
meet one or more of the conditions stated in the previous
paragraph, shall nevertheless be recognized in the
Netherlands if it is clear that the other party in the foreign
legal proceedings explicitly or tacitly during these
proceedings has consented to the ending of the registered
partnership or if it is clear that the other party after those
proceedings has accepted the dissolution of the registered
partnership.
Article 10:89 Conflict with Dutch public orderDespite of
Article 10:88, the recognition of the ending of a registered
partnership that is proclaimed outside the Netherlands shall
be refused if such recognition is obviously incompatible with
public order.

Section 10.4.7 Maintenance obligations

Article 10:90 Law applicable to maintenance
obligations during or after the registered partnership
The law applicable to maintenance obligations which are
relevant during the registered partnership or after the ending
thereof, shall be designated by:a. the Protocol regarding the

law applicable to maintenance obligations, concluded at the

Hague on 23 November 2007 (PbEU L 331/17), or;b. the
Convention on the Law Applicable to Maintenance
Obligations, concluded at the Hague on 2 October 1973
(Treaty Series 1974, 86).

Section 10.4.8 Transitional law

Article 10:91 Transitional law- 1. The present Title (Title
10.4) does not apply to registered partnerships that have
been entered into before 1 January 2005.- 2. In derogation
from paragraph 1, Article 10:85 shall be applicable to the
equalisation of pension entitlements in the event that the
registered partnership was ended or dissolved after 1
January 2005