Dutch Business Laws: Performance of a Contract


Contracts are essential commodities for both corporations and individuals. The Dutch Civil Code governs the Dutch Contract Law. The Dutch contract law is well-developed and balanced. The most essential principles of Dutch Contract Law are good faith, fairness, reasonableness, and good faith. Each party must act according to these principles and the direction of natural justice. This article will discuss the execution of a contract under Dutch Business Law, focusing on Dutch contract statutes (Dutch).

How do contracts get formed?

Article 6.217 states that offer and acceptance are two of the essential elements of a contract. A competent party should make a valid offer, and the other party should accept it. There are four types of requests. These are:

a) Valid;

b) Voidable;

c) Null;

d) Void according to the rules for more-sided legal acts.

When making an offer, one party must specify a reasonable period for acceptance by the other. Approval must be given immediately in the event of an oral request. In the case of a written offer, acceptance can be made instantly or later, depending on the time frame between the parties. If one party rejects a request, the offer is null. If ‘A” offers to B’ his book for sale, then ‘B must immediately accept the offer. In the case of a written offer, ‘B can give his acceptance either immediately or later, depending on the time frame agreed between ‘A and ‘B. The offer is void if ‘B rejects the offer of ‘A.’

When a party is killed, the position of an offer

An offer can be made to either party, even if one is deceased or legally incapacitated to perform legal acts. The request will still have the force and apply even if either party is involved in fiduciary administration. If A offered to B to sell his house, the offer is valid until either party dies. The same applies if either party becomes legally incompetent to perform juridical acts or is involved in fiduciary management.

Refuse to accept

Acceptance can be valid if the other party does not accept the offer in time. If the offeror realizes that the other party delayed the acceptance, the acceptance can be valid until the offeror notifies the other party. If ‘A” makes an offer to “B,” and ‘B accepts it through a letter addressed to A’, such acceptance can be considered valid acceptance even if there was a delay.

If ‘A” makes an offer to B, and if he accepts the offer beyond the specified time, then ‘A’ is aware of the situation. Then, the acceptance is valid if ‘A notified ‘B. If a party makes an offering, the other party must accept it. Any changes to the offer, conditions or obligations will be accepted by the other party. This new offer will replace the old offer and be deemed the rejection of the earlier offer. They must be sure that they fulfill their obligations and should strictly adhere to the contract’s contents.

If A offers B to sell his white horse, then he must do so.

What does performance refer to?

The performance of a contract is a release of parties from obligations they assumed at the time of contract formation. There are many types of performance that can be included in a contract. It can be partial performance or full performance. The New Civil Code in Dutch contains the law of the contract. The Code outlines the different obligations and how they can be fulfilled. Because the New Civil Code is a derivative of the Old Civil Code the New Code applies to all cases that were previously covered by the Old Code.

Keep in mind that the general rule as set out in the Civil Code states that a contract’s legal effect is dependent on the agreement between the parties. Legal operation, customs existence and the need for fairness and reasonableness may all be used to create a contract. The court will interpret the contract and any agreement between the parties is relevant.

Fairness and Reasonableness

The determination of the different obligations of the parties to a contract is the basis for the application of the principle. These legal obligations are set up in such a manner that they can be enforced. This genre includes the elements of fairness and reasonableness, which are important to the implementation of the contract. These principles ensure that the contract is legal sound and can be defended before the court of justice, eliminating any prejudice. Any terms in the contract that are not reasonable or fair can be thrown out.

Waiver and estoppel

The case of Central LondonProperty (1947), where Lord Denning made the decision, was the birthplace of the concept of estoppel. Estoppel, unlike waiver, is not covered by the Dutch Civil Code. Estoppel is a common law doctrine which vests a party in fundamental rights. The rules govern the interpretation. Estoppel is where the right is created, and the same right is lost. In creditor-debtor relationships, the waiver is common. It is difficult to draw a line between estoppel and waiver. The problem lies in the way they are applied. Estoppel can be described as a doctrine or equity. It works according to the principles of fairness.

Leave a Reply

Your email address will not be published. Required fields are marked *