Law and Compliance in the Netherlands
- General Observation
- You must state precisely the obligations of the vendor and the methods of quality control.
- Law Applicable to the Contract
- You do not have to be particularly vigilant about the law applicable to the contract and the methods of conflict resolution. Indeed, the Netherlands is a signatory to the Vienna Convention on International Contracts.
- Advisable Incoterms
- Choose FOB or CIF, or more. Avoid EXW if you do not want to be involved in organizing domestic transport in the Netherlands, as this is quite a complex operation.
- Language of Domestic Contract
- Dutch, English
- Other Laws Which Can Be Used in Domestic Contracts
- The laws and courts of America, England and Switzerland provide fair justice and are understandable in English, which is likely to be accepted by your Dutch supplier.
Legal Framework of Business
Equity of Judgments
- Independence of Justice
- Justice is free and independent.
- Equal Treatment of Nationals and Foreigners
- Foreigners can expect an impartial trial from the country’s judicial system.
- The Language of Justice
- Dutch and Frisian.
- Recourse to an Interpreter
- Yes, but no guidelines exist to ensure effective communication between judges, lawyers, and non Dutch / Frisian speaking defendants.
- Legal Similarities
- Based on the civil law system incorporating French penal theory. The Netherlands accepts compulsory ICJ jurisdiction but with reservations. Holland being a member of the European Union, the national law in the country has needs to comply with the conditions of the Community legislation.
The Different Legal Codes
|Civil Law (including family law, inheritance law, contract law and commercial law)||Het Burgelijk Wetboek|
|Criminal Law||Het Wetboek van Strafrecht|
|Constitutional Law (including laws on the structure of the state)||Constitution of the Netherlands|
|Administrative Law||Algemene Wet Bestuursrecht|
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|The Supreme Court||Merely views whether the (Dutch) law has been applied properly|
|The Council for the Judiciary||The Council’s tasks relate to operational matters, budgetary matters and the qualitative aspects of the administration of justice.|
|The Central Appeals Tribunal||Is a board of appeal which is mainly active in legal areas pertaining to social security and the civil service. In these areas it is the highest judicial authority.|
|Five Courts of Appeal||The justices of the Court of Appeal only deal with cases where an appeal has been lodged against the judgement passed by the district court. In addition to criminal and civil cases, the Court of Appeal also deals with all appeals against tax assessments, in its capacity as administrative court.|
|Nineteen District Courts||Made up of a maximum of five sectors: the administrative sector, civil sector, criminal sector and subdistrict sector.|
- The Netherlands Bar Association (BAR)
- Netherlands Bar Association (the Bar) is the public-law professional body for all advocates in the Netherlands.
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