Dwingend recht

Mandatory law, also known as imperative law, consists of statutory provisions that are binding and take precedence over contractual arrangements. Parties may not exclude, amend or derogate from these rules by contract, as they often serve to protect the interests of weaker parties or the public interest.

This category of law is relevant in the Dutch legal system for preventing abuse and ensuring legal certainty. Unlike directory law, which parties are free to modify, mandatory law guarantees that certain minimum protections always apply.

In practice, the courts examine whether a contractual provision conflicts with mandatory law and, if so, declare it void. It commonly arises in employment law, tenancy law and consumer law.