Dutch Civil Code

Book 3 Property law in general

Title 3.1 General provisions

Section 3.1.1 Terminology

Article 3:1 Definition of ‘property’ as a legal object
‘Property’ (or ‘assets’) comprises of all things and all other property rights.

Article 3:2 Definition ‘things’
‘Things’ are tangible objects that can be controlled by humans.

Article 3:2a 'Animals'
- 1. Animals are not things.
- 2. Provisions relating to things are applicable to animals, with due observance of the limitations, obligations and legal principles based on statutory rules and rules of unwritten law, as well as of public order and public morality.

Article 3:3 ‘Immovable’ and ‘movable’
- 1. ‘Immovable’ are the land, the not yet mined minerals, the plants connected with the land, and the buildings and constructions permanently attached to the land, either directly or through a connection with other buildings or constructions.
-2. ‘Movable’ are all things that are not immovable.

Article 3:4 ‘Components’
- 1. All that, according to general accepted views (common opinion), forms a part of a thing, is a ‘component’ of that thing.
- 2. A thing that is attached to another principal thing in such a way that it cannot be separated from it without causing meaningful damage to one of the things, becomes a component of the principle thing.

Article 3:5 ‘Household effects’
‘Household effects’ are all movable things in a house that serve as household goods, upholstering, including curtains and drapes, or furniture, with the exception of books and collections of objects of art, science or of a historical nature.

Article 3:6 ‘Property rights’
‘Property rights’ are rights which, either separately or together with another right, are transferrable, or which intend to give its proprietor material benefit or which are obtained in exchange for supplied or the prospect of still to supply material benefit.

Article 3:7 ‘Dependant rights’
A ‘dependant right’ is a right that is coupled to another right in such a way that it cannot exist without that other right.

Article 3:8 ‘Limited property rights’
A ‘limited property right’ is a right that is derived from a more comprehensive right, which is encumbered with the limited property right.

Article 3:9 ‘Natural fruits’ and ‘civil fruits’ (benefits)
- 1. ‘Natural fruits’ are things which, according to general accepted views (common opinion), are regarded as the fruits (benefits) of other things.
- 2. ‘Civil fruits’ are rights which, according to general accepted views (common opinion), are regarded as the fruits (benefits) of a right.
- 3. The separate terms of payment of a life annuity are considered to be the fruits (benefits) of a life annuity right.
- 4. Natural fruit becomes an independent thing when it is actually separated from the fruit-bearing thing. Civil fruit becomes an independent right as soon as it is due.

Article 3:10 ‘Registered property’
‘Registered property’ (or ‘registered assets’) consists of assets (things and property rights therein) for which a registration in an especially for this purpose designed public register is necessary on order to establish or transfer them.

Article 3:11 ‘Good faith’
A person has not acted in ‘good faith’ as a condition for a certain legal effect if he knew or in the circumstances reasonably ought to have known the facts or rights from which his good faith depends. The impossibility to conduct an inquiry does not prevent that a person, who had good reason to doubt, is regarded as someone who ought to have known the relevant facts or rights.

Article 3:12 The principle of ‘reasonableness and fairness’
At determining what the principle of ‘reasonableness and fairness’ demands in a specific situation, one has to take into account the general accepted legal principles, the fundamental conceptions of law in the Netherlands and the relevant social and personal interests which are involved in the given situation.

Article 3:13 ‘Abuse of right’
- 1. A person to whom a right belongs may not exercise the powers vested in it as far as this would mean that he abuses these powers.
- 2. A right may be abused, among others, when it is exercised with no other purpose than to damage another person or with another purpose than for which it is granted or when the use of it, given the disparity between the interests which are served by its effectuation and the interests which are damaged as a result thereof, in all reason has to be stopped or postponed.
- 3. The nature of a right may implicate that it cannot be abused.

Article 3:14 No violation of public law.
A right or power that someone has by virtue of civil law may not be exercised in defiance of written or unwritten rules of public law.

Article 3:15 Extension of applicability
The Articles 3:11 up to and including 3:14 are also applicable outside the field of property law as far as the nature of the legal relationship doesn’t oppose to this.

Section 3.1.1A Legal aspects of electronic communication within property law

Article 3:15a Legal effects of an electronic signature
- 1. An electronic signature has the same legal effect as a handwritten signature if the method used for its authentication is sufficiently reliable, considering the purpose for which the electronic data were used as well as all other circumstances of the situation.
- 2. A method as meant in paragraph 1 is presumed to be sufficiently reliable if the electronic signature meets the following requirements:
a. it is linked in a unique way to the signatory;
b. it makes it possible to identify the signatory;
c. it comes about by means of resources which the signatory is able to keep under his exclusive control;
d. it is linked in such a way to the electronic file to which it relates, that each modification of the data can be traced afterwards;
e. it is based on a qualified certificate as meant in Article 1.1, components ss, of the Dutch Telecommunication Act, and;
f. it has been generated by using safe equipment for producing electronic signatures as meant in Article 1.1, components vv, of the Dutch Telecommunication Act.
- 3. A method as meant in paragraph 1 cannot be considered to be insufficiently reliable on the sole ground that:
- it is not based on a qualified certificate as meant in Article 1.1, components ss, of the Dutch Telecommunication Act;
- it is not based on a certificate which is delivered by a certification service provider as meant in Article 18.16, first paragraph, of the Dutch Telecommunication Act; or
- it is not generated by using safe equipment for producing electronic signatures as meant in Article 1.1, components intended vv, of the Dutch Telecommunication Act.
- 4. An ‘electronic signature’ is understood as a signature which exists from electronic data linked to or logically associated with other electronic data that is used as a method for authentication.
- 5. A ‘signatory’ is understood as the person who uses a method for producing electronic signatures in the meaning of Article 1.1, components intended uu, of the Dutch Telecommunication Act.
- 6. Parties may mutually set aside paragraph 2 and 3 as far as it concerns their mutual relationship.

Article 3:15b Qualified certificate
A qualified certificate as meant in Article 1.1, components ss, of the Dutch Telecommunication Act, issued to the public by a certification service provider located in a third country, has the same validity as a qualified certificate issued by a certification service provider located in the European Community or in one of the other States which are a party to the Agreement on the European Economic Area, if:
a. the first mentioned certification service provider complies with the conditions as set in the European Regulation number 99/93/EC of the European Parliament and the European Council of 13 December 1999 concerning a common framework for electronic signatures and this service provider is in possession of written evidence that it has passed the test as meant in Article 18.16, first paragraph, of the Dutch Telecommunication Act, which written evidence has been handed over by a bureau that is established for this reason by one of the Member States of the European Community or by one of the other States which are a party at the agreement concerning the European Economic Area, or;
b. the certificate has been vouched for by a certification service provider that is seated in the European Community or in one of the other States which are a party to the Agreement on the European Economic Area and that complies with the conditions as set in the European Regulation number 99/93/EC of the European Parliament and the European Council of 13 December 1999 concerning a common framework for electronic signatures;
c. the certificate or the certification service provider has been recognised as such within the framework of bilateral or multilateral Conventions between the European Community or one of the other States which are a party to the Agreement on the European Economic Area on the one hand and third States or international organisations on the other hand.

Article 3:15c Extension of application
The statutory provisions of this Section shall apply accordingly outside the field of property law and the law of obligations and contracts as far as the nature of the juridical act or of the legal relationship does not oppose to this.

Article 3:15d Accessibility of data and information
- 1. Someone who provides a service of the information society makes the following data easily, directly and permanently accessible for those who use this service, in particular for the purpose of obtaining the following information or of making this information accessible:
a. his identity and the geographic address where he is seated or located;
b. data which makes it possible to contact him rapidly and to communicate with him in a direct and effective way, including his electronic mail address;
c. as far as he is registered in the commercial register or a similar public register: the register where he is registered and his registration number or the equivalent means of identification in that register;
d. as far as an activity is subject to a license or permit of a government institution: the data concerning the competent supervising authority;
e. as far as he practices a regulated profession:
- the professional body or similar institution with which the service provider is registered;
- the professional title and the Member State or the State which is a party to the Agreement on the European Economic Area where this title has been granted;
- a reference to the applicable professional rules in the Netherlands and the means to access these rules;
- where the service provider undertakes an activity that is subject to VAT: the VAT identification number referred to in Article 2a, first paragraph, under g, of the VAT Act 1968.
- 2. Where services of the information society refer to prices, these are to be indicated clearly and unambiguously and must indicate in particular whether they are inclusive tax and delivery costs and, if so, which tax and delivery costs are charged and to what amount.
- 3. A ‘service of the information society’ is understood as any service which is usually performed in exchange for a financial consideration, at or from a distance by electronic transmission, at the individual request of the consumer of the service without parties having been simultaneously present at the same place. A service is performed electronically if it is sent out, transmitted and received exclusively by wire, by radio or by means of optical or other electromagnetic resources, using electronic equipment for the processing, including digital compression, and the storage of data.

Article 3:15e Obligations when using commercial communication
- 1. Where commercial communication forms a part of a service of the information society or makes out such a service itself, the one who has instructed to use this way of communication has to ensure:
a. that the commercial communication is clearly recognisable as such;
b. that his identity can be deduced from the commercial communication;
c. that the commercial communication, as far as it encloses promotional offers, competitions or games, contains a clear and unambiguous indication of the nature and the conditions which have to be met to qualify for them;
d. that unrequested commercial communication, sent electronically, is clearly and unambiguously recognisable as such as soon as it is received by the recipient;
- 2. [repealed]
- 3. Commercial communication, meant in this Article, is any form of communication by electronic means, designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person pursuing a commercial, industrial or craft activity or practicising a regulated profession, with the exception of information allowing direct access to the activity of the company, organisation or person, in particular a domain name or an electronic mail address. Communications relating to the goods, services or the image of the company, organisation or person compiled independently from that company, organisation or person and free of charge (gratuitously), are not regarded as commercial communication.

Article 3:15f Contact points
- 1. Persons who grant or use services of the information society may address themselves to a legal person, pointed out by the Ministry of Justice in conformity with the Ministry of Economic Affairs, in order:
a. to obtain general information on contractual rights and obligations as well as on the complaint and redress mechanisms available in the event of disputes;
b. to obtain the details of authorities, associations or organisations from which they may obtain further information or practical assistance;
- 2. The legal person, meant in paragraph 1, cooperates, in complying with its tasks, with the corresponding organisations in other Member States of the European Union and the States that are a party to the Agreement on the European Economic Area.
- 3. The Inspectors of the Tax and Customs Administration/Tax Information and Detection Service - Economic Control Service (Belastingdienst/FIOD-ECD) are appointed as civil servants having the task to detect when the provisions of Article 15d and 15e paragraph 1 are violated.

Section 3.1.1B Bookkeeping

Article 3:15i Duty of keeping books and accounting records
- 1. Everyone who pursues a business or a professional practice for his own account, must keep and preserve books, accounting records and other fact bearers with regard to the value of his business enterprise or practice, including all assets and liabilities, and this in such a way that it is possible at all times to determine his rights and obligations (debts) in accordance with the standards acknowledged for that business or profession.
- 2. Article 2:10 paragraph 2 up to and including paragraph 4 of the Civil Code apply accordingly to a person as meant in paragraph 1.

Article 3:15j Opening of books and accounting records on demand
The following persons may demand the opening of another person's books, accounting records and other fact bearers, as far as they have a direct and adequate interest in such a demand:
a. heirs: with respect to the books, accounting records and other fact bearers of the estate of the deceased;
b. persons who are jointly entitled to a community of property: with respect to the books, accounting records and other fact bearers concerning that community of property;
c. persons having an interest as a partner in a commercial or business partnership: with respect to the books, accounting records and other fact bearers of that commercial or business partnership;
d. creditors in case of bankruptcy or the application of the Debt Repayment Scheme for Natural Persons: with respect to the books, accounting records and other fact bearers of the person who is bankrupt or who falls under the Debt Repayment Scheme for Natural Persons.

Section 3.1.2 Registration of registered property

Article 3:16 Public registers for registered property
- 1. There are public registers in which all facts are registered that are important for the legal status of registered property (immovable property (immovable things and real property rights in such things and certain ships and aircraft).
- 2. The law regulates which registers are public registers for registered property, where and how a registration in such registers can be achieved, which documents must be presented to the keeper of these public registers, what these documents must imply, how the registers are arranged, how the registrations occurs and how the registers may be consulted.

Article 3:17 Facts that can be registered in the public registers for registered property
- 1. In addition to facts which can be recorded in the public registers for registered property by virtue of other statutory provisions that the one of this Section, the following facts can be registered in these public registers:
a. juridical acts which bring about a change in the legal status of registered property or which in some other way are important for the legal status of such property;
b. an inheritance which concerns registered property, including a succession by the Central Government under Article 4:189 and 4:226 paragraph 4 of the Civil Code, and the delivery of registered property to the Central Government under Article 4:226 paragraphs 1 and 2 of the Civil Code;
c. the fulfilment of a condition precedent or subsequent, laid down in a registered juridical act, and the appearance of an uncertain date, linked to a time stipulation in a registered juridical act, as well as the death of a person who is entitled to a usufruct of registered property;
d. regulations and other by-laws which are effective between persons who are jointly entitled to registered property;
e. judicial decisions (judgements and court orders) that concern the legal status of registered property or the power of disposition over such property, provided that these decisions are enforceable immediately or that a declaration of the court’s clerk has been handed over indicating that it is no longer possible to lodge an ordinary appeal or legal remedy against this judicial decision or that to his knowledge no ordinary appeal or other legal remedy has been lodged against this judicial decision within three months after it had been decreed;
f. lawsuits, applications and other legal actions brought to court with the purpose of obtaining a judicial decision concerning the legal status of registered property;
g. a seizure or attachment of registered property;
h. name changes involving persons entitled to registered property;
i. a prescription which has resulted in the acquisition of a real property right in registered property or the ending of a limited property right in such property;
j. judicial decisions reversing, withdrawing or changing a court order or judgment that had been recorded earlier pursuant to a particular statutory provision;
k. the preparation and removal of a network, existing of one or more cables or pipelines to be used for the transport or relocation of fixed, liquid or gaseous substances, of energy or of information.
- 2. Lease, hire, rental and tenant contracts as well as farming lease agreements and other facts which only create or end debt-claims (rights in personam) can only be registered in the public registers for registered property if a special legislative provision makes this possible [this is in fact never the case].

Article 3:18 Offering of documents
When documents are presented to the keeper of the public registers for registered property, he gives the person who has presented these documents to him, a receipt as proof that he has received these documents. The nature of the documents and the date, hour and minute of their presentation are mentioned on this receipt.

Article 3:19 Time of registration
- 1. The presented documents, necessary for registration, will be registered immediately after it has been established that they are in accordance with the relevant legal requirements and that all other legal requirements for registration are met.
- 2. The time of registration is deemed to be the moment on which the documents, necessary for the sought registration, are presented to the keeper of the public registers for registered property.
- 3. Upon the request of the person who has presented the documents, the keeper makes a note of registration on the receipt or reports the registration to this person in situations in which this is possible by or pursuant to a law as meant in Article 3:16 paragraph 2, with due observance of the method through which the registration has to be made in such cases.
- 4. If the keeper of the public registers for registered property suspects that the features mentioned in the presented documents do not correspond with those which ought to have been mentioned with regard to the involved registered property or that a juridical act has been performed by an unauthorised person or that this act is incompatible with another juridical act, for the registration of which the necessary documents already have been offered to him, he may point this out to the person who has presented him the documents as well as to any other interested person.

Article 3:20 Rejection of a registration
- 1. The keeper of the public registers for registered property shall refuse to make a registration if the requirements meant in Article 3:19 paragraph 1 are not met. He then makes a note of the sought registration in the register of provisional notes, along with a comment of the objections which have led to its refusal.
- 2. When registration is refused wrongfully, the summary judge of the District Court may order in a provisional judgment, at the request of any interested person, that the keeper of the public registers has to make the sought registration, notwithstanding the competence of the District Court to rule eventually over this matter in a regular legal trial. The summary judge may call other interested parties to court. The judgment of the summary judge is enforceable immediately by operation of law.
- 3. Where the keeper is ordered by court to implement the refused registration, he must accomplish it instantly at the request of the plaintiff.
- 4. If the interested party has summoned the keeper within two weeks after the original presentation of the documents, with the purpose of obtaining a judgment as meant in paragraph 2 and the initially refused registration is made after all on the basis of a renewed presentation of the same documents, accomplished within one week after a judgment at first instance has been given ordering such a registration, then the registration is deemed to be made at the moment on which the original presentation was made. The same applies if the keeper, after a renewed presentation of documents, makes the registration within two weeks, either after the original presentation, or after he has been summoned in time by a writ of summons during the legal proceedings at first instance.
- 5. A fact that only shows from a note of the sought registration in the register of provisional notes as referred to in paragraph 1, second sentence, is not considered to be a fact that could have been known by consulting the public registers, unless it must be regarded to have already been officially registered by virtue of the previous paragraph.
- 6. The keeper shall delete a provisional note as soon as it is clear to him that the conditions which could lead to the application of paragraph 4 are no longer appropriate or that the registration has been made after all with due observance of the moment on which the original presentation was made.

Article 3:21 Order of precedence of registrations
- 1. The ranking order of registrations which are related to the same registered property shall be determined by the moment of registration, unless another order results from law.
- 2. When two registrations have been carried out at the same time and this would lead to mutually incompatible rights of different persons in relation to the same registered property, then the ranking order is to be determined:
a. in case the presented notarial deeds, judgments or other official documents for registration are drawn up on different days: by the order of those days;
b. in case it concerns two or more notarial deeds which are drawn up on the same day: by the order of the hour and minutes on which those deeds have been drawn up.

Article 3:22 No observance of the required formalities
When a fact has been registered in the public registers for registered property, then it is no longer possible to contest the validity of its registration on the ground that required formalities for registration have not been observed.

Article 3:23 Absence of good faith
A party who has obtained registered property cannot put forward that he acted in good faith as far as this appeal is based on the argument that he was not aware of the existence of certain facts of which existence he could have been aware if he had consulted the public registers for registered property.

Article 3:24 Protection against incomplete public registers for registered property
- 1. A fact that could have been registered in the public registers for registered property, but that was not registered therein at the time on which a juridical act for the acquisition under particular title of a real property right in registered property was registered already in these public registers, cannot be invoked against the receiver of this registered real property right, unless this person was actually aware of this fact on another ground.
- 2. Paragraph 1 is not applicable to:
a. facts which by their nature qualify as well for a registration in the Registers of Civil Status, the Marital Property Register or the Register for Estates, even when these facts in reality cannot be registered in one of these registers because Dutch law does not apply to them;
b. the placement of an adult under adult guardianship or the ending of such adult guardianship as registered in the Register for Adult Guardianships and Fiduciary Administrations;
c. judicial decisions that may be registered as well in the Insolvency Register, the Register for the Suspension of Payment under an Official Moratorium or the Register for Persons who fall under the Debt Repayment Scheme for Natural Persons;
d. the acceptance or rejection of an inheritance (estate of a deceased);
e. the ending of a right of action due to a prescription.
- 3. Paragraph 1 neither applies to intestate successions or last wills which were not yet registered in the public registers for registered property at the time on which the juridical act to acquire a real property right was registered therein, but which will be registered afterwards, though not later than three months after the death of the deceased.

Article 3:25 Protection against incorrect facts in registered notarial or other authentic deeds
When, at the moment of registration of a juridical act, necessary for the acquisition under particular title of a real property right in registered property, a fact in relation to that property was registered already in the public registers by virtue of an authentic deed in which that fact had been established by a public official in the conduct of his office, then the incorrectness of that fact cannot be invoked against the acquiring party, unless he knew of the incorrectness of this fact or could have known of the possibility of its incorrectness if he had consulted the public registers for registered property at that moment.

[It is possible that a fact in a notarial or another authentic deed, even though it is incorrect, has been established by a notary or public official (civil servant) by virtue of his office as an authentic fact in relation to a specific registered (immovable) property. When afterwards this notarial or other authentic deed is presented to the keeper of the public registers for registered property, the facts mentioned in that deed, including the incorrect ones, will be recorded in these public registers. The incorrectness of such registered facts cannot be invoked against a person who has acquired under particular title a real property right in the involved registered property by virtue of the registration of a juridical act of acquisition, unless this person, at the moment on which he acquired his real property right, already knew of the incorrectness or could have known of it if he had consulted the public registers at that moment]

Article 3:26 Protection against incorrect public registers
When, at the moment of registration of a juridical act, necessary for the acquisition under particular title of a real property right in registered property, an incorrect fact in relation to that registered property was registered already in the public registers, then the person who reasonably could have realised a correction of that registered fact cannot invoke its incorrectness against the acquiring party, unless the acquiring party knew of the incorrectness of this fact or could have known of the possibility of its incorrectness if he had consulted the public registers for immovable property at that moment.

[When an incorrect fact is registered in the public registers, then the person who could have repaired this error in time cannot invoke the incorrectness of this fact against a person who, by means of the registration of a juridical act in the public registers, has acquired a real property right in a specific registered property, unless this person knew that the already registered fact was incorrect or unless he could have known about its incorrectness if he had consulted the public registers at that moment.]

Article 3:27 Court’s declaration concerning a right to registered property
- 1. A person who claims to have a real property right in a specific registered asset, may file a legal claim at court to obtain a declaration of the court acknowledging the existence of his right. All interested persons registered in the public registers as proprietor or seizer have to be summoned individually by writ to appear in court. In addition, all other interested persons must be called to court by means of a public announcement. The person who is filing a legal claim as meant in the first sentence, is responsible for calling the before mentioned persons to court. Before the court confirms the claim of the plaintiff, it may order certain measures and proof of evidence if it believes this is in the best interest of persons who may possibly not have appeared in court. A court’s declaration, given by virtue of this Article, shall not be registered in the public registers as long as it has not yet become final and binding.
- 2. Every interested party, regardless if he had appeared in court in first instance or not, may appeal to a higher court in order to reverse the earlier mentioned declaration of the court. The procedure for an appeal is, however, subject to the following exceptions. Article 335 of the Code of Civil Procedure is not applicable. The writ of summons through which the appeal is made, must be registered within eight days in accordance with Article 433 of the Code of Civil Procedure in the register for appeals and legal remedies at the court that gave the contested declaration. The period for appeal starts to run for interested parties who did not appear in court at first instance, but who where registered as such in the public registers for registered property, from the moment on which a bailiff has handed over the court’s declaration to them personally or from the moment on which the bailiff has left the court’s declaration at their address. For all other interested persons, who at first instance did not appear in court, the period for appeal starts to run from the moment on which the court’s declaration has been made public by a bailiff. The same exceptions have to be observed at an appeal of cassation before the Supreme Court against the decision of the Court of Appeal. This appeal, however, is only open for interested parties who appeared in court in first instance.
- 3. When a declaration of the court as meant in paragraph 1 is registered in the public registers for registered property, then its content is presumed to be correct towards all interested persons who were not summoned personally and who did not appear in court in first instance, as long as they have not proven that this content is incorrect. But an appeal to the incorrectness of the content of such a court’s declaration can never be done to the prejudice of the legal successors of the person on whose behalf the court has given its declaration, provided that they where not aware of the incorrectness.
- 4. A public summon as meant in paragraph 1 of the present Article has to be made public by a bailiff in accordance with Article 54, second and third paragraph of the Code of Civil Procedure. A public summon as meant in paragraph 2 of the present Article, has to be made public by a bailiff in the same way, unless the court has given its declaration under additional conditions as meant in paragraph 1 of the present Article. These conditions may include the obligation to publish a declaration, drawn up by the court, in one or more foreign newspapers, and this as frequent as the court thinks this is necessary.

Article 3:28 Declaration of worthlessness
- 1. When a registration in the public registers for registered property has no legal effect, then the persons who have the right to repeal it, are obliged to hand over a written declaration of worthlessness to everyone with an immediate interest who has asked for such a declaration. This declaration mentions all facts that make the registration ineffective, unless the registration concerns a mortgage or a seizure.
- 2. Also declarations as meant in paragraph 1 may be registered in the public registers for registered property. If the registration concerns a mortgage or a seizure, then the keeper of the public registers can only repeal the registration after he has received a declaration of worthlessness from all entitled and immediately interested persons, therefore also from the mortgagee or seizer.

Article 3:29 Court order to repeal a registration
- 1. If a declaration of worthlessness is not given, then the District Court may declare, upon a legal claim of any immediately interested person, that the registration is ineffective. When a person who is registered in the public registers for registered property is summoned by someone else with the purpose of obtaining a court order to make a registration ineffective, then this written summon has the result that all his legal successors will automatically be summoned as well insofar they have not made a new registration of their own.
- 2. Before declaring a registration ineffective, the court may order certain measures and proof of evidence if it believes this is in the interest of persons who may possibly not have appeared in court.
- 3. An appeal against a court order by default, an appeal before a higher court and an appeal in cassation before the Supreme Court must be registered within eight days in accordance with Article 433 of the Code of Civil Procedure in the register for appeals and legal remedies at the court that has given the contested court order. As far as it is impossible for the registered defendant to appeal against a court order by default, but there is still an appeal open to a higher court, the previous provision also has to be observed by his legal successors who have not made a new registration of their own. Contrary to Article 143 of the Code of Civil Procedure the period for appeal with regard to a court order by default starts to run in any case as from the moment on which a bailiff has left the court order at the address of the registered defendant, therefore also if the court order is not handed over to the defendant personally, and this as well towards his legal successors who have not made a new registration of their own, unless the court has issued to this end additional conditions which are not met. An appeal in cassation before the Supreme Court is only open for interested parties who have appeared at court at first instance.
- 4. A court order declaring a registration ineffective, shall not be registered in the public registers as long as it has not yet become final and binding. If the ineffective registration concerns a mortgage or seizure, then the court order will authorise, after it has been registered, the keeper of the public registers to repeal the ineffective registration.

Article 3:30 Liability of the Central Government of the Netherlands
Notwithstanding the liabilities of the Office of Land Registry and the Public Registers for Registered Property, meant in Article 117, first and second paragraph, of the Land Registry Act, the Central Government of the Netherlands is liable when a person has lost a right as a result of the application of Articles 3:24, 3:25 or 3:27, if according to standards of reasonableness and fairness this result should not be left for his account.

Article 3:31 Dutch notary
Where a statutory provision which relates to registered property prescribes the necessity of a notarial deed or a notarial declaration, this has to be a deed or a declaration of a Dutch notary.