Overeenkomst
Agreement
A contract is a multilateral legal act whereby two or more parties bind themselves vis-à-vis each other to render a performance. It forms the basis for contractual obligations under Dutch law.
An agreement is concluded by offer and acceptance and gives rise to mutual rights and obligations between the parties. This is governed by Title 6.1 of the Civil Code, in which the meeting of minds occupies a central position.
The significance of this framework lies in the fact that a valid agreement is binding, and non-performance may give rise to a claim for damages or to rescission. In the absence of an agreement, there is no legal basis for many everyday and commercial transactions.
In practice, agreements are frequently recorded in writing in order to avoid evidentiary difficulties, although oral agreements are in principle equally valid. Lawyers routinely examine whether all statutory requirements, including legal capacity and causa, have been satisfied.
“The buyer and the seller entered into an agreement for the transfer of the property within three months.”
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