Gemengde overeenkomst

In Dutch law, a mixed agreement is understood to mean a contract that combines characteristics of two or more nominate contract types, such as sale, lease or a contract for work. The law does not provide a separate regime for such agreements, with the result that the court must determine which statutory provisions apply.

The relevance of the issue lies in the question of how the rules derived from the various contract types are to be combined or which provision is to prevail. Reference is often made to the regime that is most characteristic of the principal obligation or that best corresponds to the nature of the agreement.

In practice, this arises, for example, in complex commercial contracts such as a lease agreement with an option to purchase or a services contract involving the supply of goods.