Book 3 Property law in general最新荷兰民法典英文版第3卷.docx

1、Book 3 Property law in general最新荷兰民法典英文版第3卷Book 3 Property law in generalTitle 3.1 General provisionsSection 3.1.1 TerminologyArticle 3:1 Definition of property as a legal objectProperty (or assets) comprises of all things and all other property rights.Article 3:2 Definition thingsThings are tangibl

2、e 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 or

3、der 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.

4、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 with

5、out causing meaningful damage to one of the things, becomes a component of the principle thing.Article 3:5 Household effectsHousehold 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 co

6、llections of objects of art, science or of a historical nature.Article 3:6 Property rightsProperty 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 t

7、he prospect of still to supply material benefit.Article 3:7 Dependant rightsA 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 rightsA limited property right is a right that is derived from a more com

8、prehensive 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 whi

9、ch, 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 separat

10、ed from the fruit-bearing thing. Civil fruit becomes an independent right as soon as it is due.Article 3:10 Registered propertyRegistered property (or registered assets) consists of assets (things and property rights therein) for which a registration in an especially for this purpose designed public

11、 register is necessary on order to establish or transfer them.Article 3:11 Good faithA 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 impossibili

12、ty 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 fairnessAt determining what the principle of reasonableness and fairness demands in a sp

13、ecific 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

14、 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 be

15、tween 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

16、 virtue of civil law may not be exercised in defiance of written or unwritten rules of public law.Article 3:15 Extension of applicabilityThe 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 doesnt oppose to th

17、is.Section 3.1.1A Legal aspects of electronic communication within property lawArticle 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 pu

18、rpose 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 po

19、ssible 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 ce

20、rtificate 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 cons

21、idered 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, fi

22、rst 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 electr

23、onic 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 A

24、ct.- 6.Parties may mutually set aside paragraph 2 and 3 as far as it concerns their mutual relationship.Article 3:15b Qualified certificateA qualified certificate as meant in Article 1.1, components ss, of the Dutch Telecommunication Act, issued to the public by a certification service provider loca

25、ted 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 provide

26、r 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

27、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 concernin

28、g 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 Euro

29、pean 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 Conven

30、tions 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 applicationThe statutory provisions of this Section shall appl

31、y 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 mak

32、es 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, includi