Aanvaarding

Acceptance, together with the offer, forms the essence of contractual commitment under Dutch law. Pursuant to Article 6:217 of the Dutch Civil Code, a contract is concluded by an offer and its acceptance. Acceptance must, as a rule, correspond to the offer and may be given either expressly or impliedly.

Acceptance must be made in a timely manner and in the proper form in order to have legal effect. Departures from the terms of the offer are generally treated as a new offer, unless the departure is of minor significance. In practice, it is important for the parties to record clearly how and when acceptance is to occur, particularly in the context of negotiations or electronic communications.

The significance of acceptance lies in eliminating uncertainty as to whether the parties are bound. Lawyers routinely examine the validity of an acceptance, for example in disputes concerning contract formation or rights of revocation.