Burgerlijk Wetboek

Before efforts at unification, almost every region and borough in the Netherlands had its own law. Local Roman-Dutch law borrowed heavily from the civilian ius commune, particularly with respect to the law of obligations and in the practice of written codes. However, no universal written code existed before the 19th century. Many attempts at codification were short-lived, not helped by constantly changing governments and political conditions. In 1531, Charles V, the ruler of the Netherlands, ordered the codification of existing laws with a view towards uniformity. However, the Eighty Years War and the end of Spanish rule in the Netherlands interrupted such plans. Some two centuries later, another attempt was made in 1801 under the new Batavian Republic. In 1804, a written code was partially drafted but never enacted. Dutch independence was restored with the collapse of French rule in 1813. The Kingdom once again pursued codification. Article 100 of the 1814 Constitution refers to a codification based on Dutch law. Various proposals were made between 1816 and 1830. == The 1838 Code, French influence and amendments ==

The 1838 Code entered into force on 1 October 1838. While it was substantially influenced by the Napoleonic Code, it did adopt some Roman-Dutch innovations. First, one might note differences in structure. Unlike the French model, the Dutch Code drew a strict contrast between real rights (rights in rem) and personal rights (rights in personam). Property provisions were arranged around the principle of ownership. This codified the titulus-modus variant of the causal system of title transfer (causale stelsel van eigendomsoverdracht). == 1992 Code Reform ==

Despite the initial scope of revision being ‘technical reform’, the 1992 BW enacted substantive modifications to both the prior Code and established case law. The Code is also more nuanced, providing for degree and qualification where an ‘all or nothing’ approach may have prevailed under the prior Code. The Code also loosens the legal positivism of the French system in favour of granting courts wider discretion in adjudicating cases. This discretion permits ‘intermediate solutions’ (i.e. not slavishly statutory) to complex problems. Like most other foreign civil codes, rules of procedure and public law are codified separately from the 1992 Civil Code. ==Criticisms==

The Code has been criticised for affording too much discretion to courts. This, it is said, undermines certainty, a key aim of codification. On the other hand, flexibility allows the Code to meet new challenges without regular amendment. Further, the consolidation of a wide body of commercial law into the Code now makes it a ‘one-stop’ reference for private law and easily accessible and relevant to citizens and businesspeople alike. == Structure ==

The Dutch Civil Code is presently composed of some 3,000 articles and 9 books: ==See also==