Inleiding tot het recht (deel V - Burgerlijk recht - Verbintenissen - tweede examen) ST.pptx

# Introduction to law and civil law overview This topic introduces the fundamental principles of law, the structure of the Belgian state, the concept of international law, the functioning of justice systems, and provides an overview of civil law and its main branches. ## 1. Introduction to law and civil law overview ### 1.1 What is law? Law can be understood as a set of rules that govern human behavior within a society, establishing rights and obligations. These rules are enforced by an authority, ensuring order and predictability. ### 1.2 The Belgian state structure The Belgian state is structured as a federal state, composed of communities and regions. This multi-layered governance influences the development and application of law within the country. ### 1.3 International law International law governs the relationships between states and other international actors. It can influence national legal systems through treaties and customs. ### 1.4 Justice systems Justice systems are the institutions and processes established to interpret and apply the law. This includes courts, tribunals, and the personnel involved in the administration of justice. ### 1.5 Civil law overview Civil law, in contrast to criminal law, primarily deals with disputes between individuals and organizations. It governs a wide range of private matters, including contracts, property, family law, and inheritance. The document outlines the main divisions within civil law: #### 1.5.1 Persons This area of civil law concerns the legal status and rights of individuals, including legal capacity, name, domicile, and the protection of personal data. #### 1.5.2 Property and security rights This division covers the legal framework for owning, using, and transferring property (both movable and immovable). It also includes security rights, which provide creditors with guarantees for their claims, such as mortgages and pledges. #### 1.5.3 Obligations Obligations, or "verbintenissen" in Dutch, form a core component of civil law. They represent legal duties to perform an action, refrain from an action, or give something. The document delves into various aspects of obligations: ##### 1.5.3.1 Types of obligations * **Conditional obligations:** The performance or extinction of the obligation depends on an uncertain future event. * **Suspensive conditions:** The obligation only takes effect if the condition is met. * **Resolutory conditions:** The obligation ceases to exist if the condition is met. * **Potestative conditions:** The realization of the event depends on the will of the debtor (purely potestative conditions generally invalidate the obligation). * **Obligations with a time stipulation:** The performance or extinction of the obligation depends on a future but certain event. * **Suspensive time stipulation:** Performance is due after a certain date. * **Resolutory time stipulation:** Performance is due until a certain date. * **Personal vs. performance-based obligations:** * **Personal obligations:** The specific person of the debtor is crucial (e.g., a specific artist's performance). The obligation typically extinguishes upon the debtor's death. * **Performance-based obligations:** The performance itself is important, regardless of who carries it out. These obligations generally pass to heirs. * **Divisible and indivisible obligations:** This refers to whether an obligation can be performed in parts. The general principle is divisibility, unless the nature of the obligation or an express agreement dictates otherwise. * **Joint and several obligations (hoofdelijke verbintenissen):** In these obligations, multiple debtors are bound to the same performance, and the creditor can claim the entire performance from any one of them. This can arise from law or contract. * **"In solidum" obligations:** Similar to joint and several obligations, where multiple parties can be held liable for the full amount of damages, often arising from non-contractual liability. * **Result and performance obligations:** * **Result obligations:** The debtor guarantees a specific outcome. Failure to achieve the result constitutes a breach, regardless of the effort. * **Performance obligations (or obligations of means):** The debtor commits to using reasonable care and effort to achieve an outcome, but does not guarantee the outcome itself. The creditor must prove the debtor's lack of due diligence. ##### 1.5.3.2 Sources of obligations Obligations can arise from various sources: * **Contracts (agreements):** A legally binding agreement between two or more parties. * **Unlawful acts (torts):** Actions or omissions that cause harm to another person, leading to liability outside of a contractual relationship. ##### 1.5.3.3 Contracts (agreements)** * **Definition:** A contract is a bilateral legal act involving the agreement of wills between two or more persons with the aim of creating, modifying, or extinguishing legal obligations. * **Key Principles:** * **Freedom of contract:** Parties are generally free to enter into contracts and determine their terms. * **Binding force:** Validly formed contracts are binding on the parties, acting as "the law between them." * **Execution in good faith:** Parties are expected to perform their contractual obligations honestly and reasonably. * **Formation of Contracts:** * **Offer and Acceptance:** An offer must contain all essential elements of the contract, and acceptance must be unequivocal and communicated to the offeror. Pre-contractual liability can arise from breaching trust during negotiations. * **Validity Conditions:** For a contract to be valid, there must be consent (free from defects), a lawful object, a lawful cause, and the parties must have the legal capacity to contract. Non-compliance can lead to relative or absolute nullity. * **Consequences of Contracts:** * **Between Parties:** Contracts create binding obligations, with remedies for non-performance including forced execution, contract rescission, or damages. * **Towards Third Parties:** Generally, contracts only bind the parties who entered into them (principle of relativity). Exceptions exist, such as stipulations for the benefit of a third party. * **Termination of Contracts:** Contracts can be terminated through various means, including nullity, rescission (contractual or judicial), unilateral termination (if legally provided), or by mutual agreement. ##### 1.5.3.4 Unlawful acts This area of civil law deals with liability arising from wrongful conduct that causes harm to another, outside of a contractual relationship. Key elements include: * **Fault:** A breach of a legal duty or a failure to act as a reasonable and prudent person would. * **Causation:** A direct link between the fault and the damage suffered. * **Damage:** Actual harm or loss incurred by the victim. Liability can arise from one's own fault, the fault of others (e.g., parents for children, employers for employees), or from the behavior of things or animals (strict liability). ##### 1.5.3.5 Extinction of obligations Obligations can be extinguished in several ways, including: * **Performance (payment):** The fulfillment of the promised obligation. * **Set-off (schuldvergelijking):** When two parties are mutually debtor and creditor, their obligations can be extinguished up to the amount of the smaller debt. * **Prescription (verjaring):** The extinction of a right or obligation due to the passage of time. * **Novation (schuldvernieuwing):** The replacement of an old obligation with a new one. * **Discharge (kwijtschelding):** The creditor releases the debtor from the obligation. * **Force majeure (overmacht):** An unforeseeable and unavoidable event that makes performance impossible. * **Death of the debtor:** For personal obligations, the death of the debtor extinguishes the obligation. * **Fulfillment of a resolutory condition.** * **Termination of the underlying contract.** #### 1.5.4 Family and family law This branch of civil law governs the legal relationships within families, including marriage, divorce, parentage, adoption, and the rights and responsibilities of family members. #### 1.5.5 Inheritance Inheritance law deals with the distribution of a deceased person's assets and liabilities to their heirs. It covers wills, intestate succession, and the administration of estates. ### 1.6 Overview of civil law divisions In summary, civil law encompasses personal status, property rights, contractual and non-contractual obligations, family relationships, and the rules governing inheritance. Each of these divisions plays a critical role in regulating private interactions and ensuring justice in civil matters. --- # Obligations and their various types This section explores the fundamental concepts of obligations and categorizes them based on various criteria. ### 4.1 Types of obligations The classification of obligations is crucial for understanding their nature, execution, and legal consequences. These types help distinguish between different scenarios and determine the applicable legal framework. #### 4.1.1 Conditional obligations A conditional obligation is one whose performance or extinguishment depends on a future and uncertain event. * **Suspensive condition:** The performance of the obligation is dependent on the occurrence of a specific future event. If the event does not occur, the obligation does not come into effect. * **Example:** A sale of a house is made conditional on the buyer obtaining a loan from the bank. If the bank denies the loan, the sale agreement is void. * **Resolutive condition:** The obligation is immediately effective, but its extinguishment depends on the occurrence of a specific future event. If the event occurs, the obligation is terminated. * **Example:** A donation is granted on the condition that the recipient obtains a specific diploma. If the recipient fails to obtain the diploma, the donation is revoked. * **Potestative condition:** The realization of the future and uncertain event depends on the will of a party. * **Purely potestative condition:** If the condition depends solely on the will of the debtor, it generally leads to no agreement. * **Example:** "I will sell you my car if I feel like it." * **Mixed potestative condition:** If the condition depends on a combination of a party's will and external factors. * **Example:** "I will sell you a piece of land on the condition that you can first purchase the adjacent plot." #### 4.1.2 Obligations with a time clause An obligation with a time clause has its performance or extinguishment dependent on a future and certain event. * **Suspensive time clause:** The debtor will perform the obligation only after a specified date or event has passed. * **Resolutive time clause:** The debtor will perform the obligation until a specified date or event has passed, after which the obligation ceases. #### 4.1.3 Personal and performance-based obligations This distinction hinges on the identity of the party performing the obligation. * **Personal obligations (intuitu personae):** The identity and specific qualities of the debtor are of paramount importance. If the debtor dies, the obligation typically terminates. * **Example:** A contract for a renowned surgeon to perform a specific operation. The patient's choice is based on the surgeon's personal skills and reputation. * **Performance-based obligations:** The specific identity of the performer is not critical, as long as the agreed-upon performance is rendered. * **Example:** Paying a debt. Any representative of the deceased debtor can make the payment, as the focus is on the debt being settled. #### 4.1.4 Divisible and indivisible obligations This classification concerns whether an obligation can be performed in parts. * **Divisible obligations:** Obligations that can be performed in separate parts. * **Principle:** Divisibility is the general rule when multiple debtors or creditors are involved in a single obligation. Each debtor is only liable for their share, and each creditor can only claim their portion. * **Indivisible obligations:** Obligations that cannot be performed in parts. * **Exceptions to Divisibility:** * **Joint obligations:** Dictated by law or agreement where a creditor can claim the entire debt from any one debtor. * **In solidum obligations:** Similar to joint obligations but arise outside contractual contexts, often in cases of tort. #### 4.1.5 Joint obligations Joint obligations (or solidarity) exist when multiple debtors are bound to the same performance, and the creditor can claim the entire performance from any one of them. * **Basis for Joint Obligations:** * **Legal provision:** For instance, joint liability for tax debts. * **Contractual agreement:** Parties may agree to joint liability. * **Legal presumption:** Sometimes applied between entrepreneurs. * **In Solidum Obligations:** These are similar to joint obligations but arise from situations outside of contracts, such as tortious acts where multiple parties contribute to the harm. A judge can order them to pay the full compensation, and the injured party can claim it from any of them. * **Example:** If three individuals are involved in a crime, the court can order them to pay damages jointly and severally (in solidum), allowing the victim to claim the full amount from the wealthiest perpetrator. * **Examples of Joint/In Solidum Obligations:** * A company director signing a loan both for the company and personally. * Household debts like medical or school bills. * Compensation for damages resulting from the fault of multiple perpetrators. #### 4.1.6 Result and effort-based obligations This distinction is crucial for determining liability in case of non-performance. * **Result-based obligation (Obligation de résultat):** The debtor guarantees a specific outcome. Failure to achieve this result constitutes a breach of contract, regardless of the effort expended. * **Example:** A dentist filling a tooth to a certain standard. If the filling fails, the dentist is liable. A hotel is obligated to provide parasite-free rooms. * **Effort-based obligation (Obligation de moyen):** The debtor commits to making their best effort to achieve a certain outcome but does not guarantee the outcome itself. The creditor must prove that the debtor did not exert sufficient effort. * **Example:** A surgeon operating on a brain tumor. They can promise to do their best but cannot guarantee a cure. A lawyer aiming for the lowest possible sentence for their client. > **Tip:** The distinction between result and effort-based obligations significantly impacts the burden of proof in cases of non-performance. For result-based obligations, proving the non-achievement of the result is sufficient. For effort-based obligations, the creditor must prove the debtor's lack of reasonable effort. * **Example:** * An architect fails to file an appeal within the statutory deadline. This is a **result-based obligation**. The client only needs to prove that the appeal was not filed. * A lawyer, despite making diligent efforts, fails to secure an acquittal for their client. This is an **effort-based obligation**. The client must prove that the lawyer did not exert sufficient effort, which is considerably more difficult. * A doctor is contracted to perform a specific diagnostic test and fails to send the samples to the lab. This is likely a **result-based obligation**, as the sending of samples is a concrete action with a guaranteed outcome. --- # Contracts: formation, interpretation, and consequences This topic examines the fundamental aspects of contracts, from their initial formation and essential validity to their interpretation and the resulting legal effects on parties and third parties. ### 3.1 Introduction to Contract Law Contracts, also known as agreements or conventions, are multi-party legal acts that establish, modify, or extinguish legal obligations between two or more persons. They are built upon the foundational principles of contractual freedom and the binding nature of agreements, with an emphasis on execution in good faith. ### 3.2 Types of Obligations Before delving into contracts, it is important to understand the different classifications of obligations: #### 3.2.1 Conditional Obligations These obligations have their performance or extinction made dependent on an uncertain future event. * **Suspensive condition:** The obligation only takes effect if the uncertain event occurs. For example, purchasing a house is conditional on obtaining a loan from the bank. * **Resolutive condition:** The obligation is extinguished if the uncertain event occurs. For example, a donation is made conditional on the recipient obtaining a diploma; if the diploma is not obtained, the donation is rescinded. * **Potestative condition:** The occurrence of the uncertain event depends on the will of one of the parties. * **Purely potestative condition:** If it depends solely on the debtor's will (e.g., "I will sell you my car if I feel like it"), it generally does not constitute a valid agreement as there is no commitment. * **Mixed potestative condition:** If it depends on the will of a party and external factors (e.g., selling land to a neighbor on the condition that the neighbor can first purchase it). #### 3.2.2 Obligations with a Term (Time Clause) These obligations depend on a future and *certain* event for their performance or extinction. * **Suspensive term:** The performance is due only after the specified date or event. * **Resolutive term:** The obligation ceases to be effective on a specific date or event. #### 3.2.3 Personal vs. Performance-Based Obligations * **Personal obligations:** The identity and specific qualities of the debtor are of paramount importance (e.g., a contract with a renowned surgeon). The death of the debtor typically extinguishes such an obligation. * **Performance-based obligations:** The focus is on the performance itself, regardless of who carries it out. If the debtor dies, the obligation usually passes to their heirs or estate (e.g., paying a debt). #### 3.2.4 Divisible vs. Indivisible Obligations * **Divisible obligations:** When multiple debtors or creditors are involved in a single obligation, the general principle is that each is only liable for or entitled to their share. Divisibility is the rule. * **Indivisible obligations:** These cannot be performed in parts. #### 3.2.5 Joint and Several Obligations (Solidarity) * **Joint and Several Obligations (Hoofdelijke verbintenissen):** Several debtors are bound to the same performance, and the creditor can demand the full performance from any one of them. This can arise from law, contract, or a legal presumption between entrepreneurs. * **Example:** Medically related expenses can be jointly and severally owed by both spouses. * **In Solidum Obligations:** Similar to joint and several obligations, where each debtor can be held liable for the entire amount, but typically arises outside of contractual relationships, often in cases of tortious liability where multiple parties contributed to the harm. #### 3.2.6 Result and Obligation of Means (Effort) The distinction is crucial for determining liability in case of non-performance. * **Result obligation:** The debtor guarantees a specific outcome. Failure to achieve the result constitutes a breach. * **Example:** A contractor is obligated to install a faucet. If the faucet leaks, the obligation is not fulfilled. * **Obligation of Means (Effort):** The debtor undertakes to use their best efforts to achieve a certain outcome, but without guaranteeing the result. The creditor must prove that the debtor did not exercise the necessary care or effort. * **Example:** A surgeon operating on a brain tumor cannot guarantee the complete removal of the tumor but must exert their best efforts. A lawyer cannot guarantee winning a case but must diligently represent their client. ### 3.3 Contracts (Agreements) #### 3.3.1 Definition and Principles A contract is a multilateral legal act where two or more parties reach a consensus (meeting of minds) with the aim of creating, modifying, or terminating legal obligations. Key principles include: * **Contractual freedom:** Parties are generally free to enter into contracts and determine their terms. * **Binding force:** Contracts validly formed are binding on the parties ("agreements have the force of law"). * **Execution in good faith:** Parties must perform their obligations honestly and reasonably. #### 3.3.2 Stages of Contract Formation 1. **Offer:** A proposal containing all essential elements of the contract. It must be precise and indicate the offeror's intention to be bound. The offer must be maintained by the offeror for a reasonable period. 2. **Acceptance:** An unqualified agreement to the terms of the offer. Acceptance can be express or implied and is valid when it reaches the offeror. #### 3.3.3 Pre-contractual Liability During negotiations, parties are generally not bound by contract. However, if one party breaches the trust established during negotiations, they can be held liable for a pre-contractual fault, typically based on the general principle of tortious liability. #### 3.3.4 Validity Conditions for Contracts For a contract to be valid, the following conditions must generally be met: * **Consent (Wilsovereenstemming):** Free and informed consent, not vitiated by error, fraud, or duress. * **Object (Voorwerp):** The subject matter of the contract must be lawful, possible, and determined or determinable. * **Cause (Oorzaak):** The underlying reason for the obligation must be lawful. * **Capacity (Bekwaamheid):** Parties must have the legal capacity to contract (e.g., not minors or legally incapacitated). * **Compliance with mandatory rules and public order:** The contract must not contravene mandatory legal provisions or public policy. The sanction for failing to meet these conditions is **nullity**, which can be **relative** (invoked only by certain parties) or **absolute** (invoked by anyone). #### 3.3.5 Consequences of Contracts ##### 3.3.5.1 Effects Between Parties * **Contractual faithfulness and good faith:** As mentioned, contracts are binding, and parties must act in good faith. Non-performance leads to contractual liability, unless prevented by force majeure. * **Voluntary execution:** Parties are expected to perform their obligations voluntarily. The place of performance is generally the debtor's domicile, unless otherwise agreed or for specific goods. * **Sanctions for non-performance:** 1. **Contractual breach (Wanprestatie):** Occurs when a party fails to fulfill a legal obligation arising from the contract. 2. **Formal notice (Aanmaning):** The creditor must typically formally notify the debtor of their default. This can be done via registered mail, bailiff's writ, or email. 3. **Remedies for non-performance:** * **Forced execution (Gedwongen uitvoering):** * **Via an enforceable title (Uitvoerbare titel):** A court judgment or notarial deed. * **In kind (Uitvoering in natura):** Performing the actual obligation. This is the principle but often impossible, useless, or not permitted, leading to alternative solutions like execution by a third party or a penalty payment (dwangsom). * **By equivalent (Uitvoering bij equivalent):** Monetary compensation for damages. This includes compensatory damages for losses incurred and lost profits, as well as moratory damages for late performance. The general principle is full compensation for foreseeable damage. * **Judicial dissolution (Gerechtelijke ontbinding):** The contract is terminated by a court order due to the other party's non-performance. * **Refusal of performance (Weigering wegens niet-uitvoering):** The innocent party can suspend their own performance. This is a right of retention exercised without judicial intervention. * **Conditions for contractual liability:** 1. Breach of a legal obligation (result or means). 2. The performance was due and enforceable. 3. The breach is attributable to the debtor (excluding force majeure). 4. Damage suffered by the creditor. * **Types of non-performance:** * **Non-performance:** The obligation is not performed at all. * **Late performance:** The obligation is performed, but after the due date. * **Defective performance:** The obligation is performed, but not in accordance with the agreed terms, quality, or completeness. ##### 3.3.5.2 Effects Towards Third Parties * **Relativity of contracts (Betrekkelijkheid van overeenkomsten):** As a general principle, contracts only create rights and obligations for the parties who entered into them. Third parties are neither bound nor benefit directly. * **Exceptions:** Heirs, universal title acquirers, and, in some cases, particular title acquirers can be affected by contracts. * **Exceptions to relativity:** * **Stipulation for the benefit of a third party (Beding ten gunste van een derde):** A contract where one party (promittent) undertakes to perform an obligation towards a third party (beneficiary). Example: A life insurance policy. * **Subrogation (Zijdelingse vordering):** Allows a creditor to exercise the rights of their debtor against a third party, typically when the debtor is inactive in pursuing their own claims. * **Opposability of contracts (Tegenwerpelijkheid van overeenkomsten):** Contracts, as factual events, must be acknowledged by third parties. ### 3.4 Other Sources of Obligations While contracts are a primary source of obligations, the document also briefly touches upon: #### 3.4.1 Tortious Liability (Onrechtmatige Daad) This refers to liability arising from wrongful acts outside of a contractual relationship. Key elements include: * **Fault:** A breach of a legal norm or a general duty of care. * **Damage:** Loss or injury suffered by the victim. * **Causation:** A causal link between the fault and the damage. #### 3.4.2 Liability for Others' Actions Individuals can be held liable for the faults of others, such as parents for their minor children (under certain age limits and conditions), and employers for their employees. #### 3.4.3 Liability for Things and Animals This involves strict liability for damage caused by the defect of a thing or by an animal under one's custody. ### 3.5 Extinction of Obligations Obligations can cease to exist through various means: * **Integral performance/payment:** The promised performance is fulfilled. * **Payment by subrogation:** A third party pays the debt and takes over the creditor's rights. * **Set-off (Schuldvergelijking):** When two parties are mutually debtors and creditors, their obligations extinguish each other to the extent of the lower amount, provided the debts are monetary, certain, and due. * **Prescription (Bevrijdende verjaring):** The extinction of a right or obligation due to the lapse of a specified time period, aimed at ensuring legal certainty. * **Novation (Schuldvernieuwing):** Replacing an old obligation with a new one. * **Assignment of claim (Overdracht van schuldvordering):** The creditor transfers their claim to another party. * **Waiver (Kwijtschelding):** The creditor forgives the debt. * **Force majeure:** An event beyond the debtor's control that makes performance impossible. * **Death of the debtor (in personal obligations):** If the obligation is personal in nature, the debtor's death extinguishes it. * **Occurrence of a resolutive condition:** If the obligation was subject to a resolutive condition that is met. * **Extinction of the contract:** If the underlying contract is terminated. ### 3.6 Specific Contracts The document outlines several specific types of contracts: #### 3.6.1 Sale (Koop) * **Definition:** An agreement where one party (seller) transfers ownership of a thing to another (buyer) in exchange for a price. * **Transfer of ownership and risk:** Generally occurs at the moment the contract is formed, unless specified otherwise (e.g., for generic goods, future goods, or by contract). The transfer of ownership typically coincides with the transfer of risk. * **Seller's obligations:** 1. **Delivery of the item:** Transferring possession. 2. **Warranty of quality:** Protecting the buyer against hidden defects that existed at the time of sale, were not known to the buyer, are serious, and were not excluded by contract. The buyer can choose dissolution or a price reduction. 3. **Warranty of peaceful possession (vrijwaring voor uitwinning):** Ensuring the buyer's undisturbed possession against claims by third parties or the seller's own actions. * **Buyer's obligations:** 1. **Acceptance of delivery:** Including checking for visible defects. 2. **Payment of the price:** At the place and time of delivery, unless otherwise agreed. 3. **Payment of costs:** Usually borne by the buyer, unless contractually agreed otherwise. #### 3.6.2 Lease (Huur) * **Definition:** An agreement where one party (lessor) grants the use of a thing to another (lessee) in exchange for rent. This creates a personal right, not a proprietary right. * **Lessor's obligations:** 1. **Deliver the item:** In good condition, and provide necessary information (e.g., for residential leases). 2. **Maintain the item:** Ensure it remains suitable for its intended use, covering normal wear and tear, unless contractually shifted to the lessee. 3. **Guarantee peaceful enjoyment:** Protect the lessee from disturbances by the lessor, third parties, or hidden defects. 4. **Security deposit:** May be required, often capped and held in a specific account. * **Lessee's obligations:** 1. **Use the item as a good household manager:** According to its normal destination and perform minor repairs. 2. **Pay rent:** As agreed in the lease. 3. **Return the item:** In good condition at the end of the lease, with a pre-lease inventory serving as a reference. 4. **Provide furnishings (huisraad):** For immovable property. 5. **Take out insurance:** For fire and water damage (mandatory in Flanders for both parties). * **Types of Lease:** * **Common lease (Gemene huurregime):** Applies to leases not covered by special regimes (e.g., garages, offices). * **Residential lease (Woninghuur):** Governed by strict mandatory rules for dwellings, with specific durations and termination procedures. * **Student housing lease:** Specific rules regarding duration, security deposit, and termination. * **Commercial lease (Handelshuur):** For commercial premises, with minimum durations and renewal rights. #### 3.6.3 Other Special Contracts The document also lists other special contracts such as deposit (bewaargeving), settlement (dading), contract of works (aanneming), and mandate/agency (lastgeving), indicating their existence within the broader framework of contract law. --- # Extinguishment of obligations and tortious liability Here's a comprehensive study guide summary on the extinguishment of obligations and tortious liability, based on the provided document content. ## 4. Extinguishment of obligations and tortious liability This section delves into the various legal mechanisms by which obligations can cease to exist and explores the principles governing liability for wrongful acts (torts). ### 4.1 Extinguishment of obligations Obligations can be extinguished through several means, ensuring the legal relationship between parties concludes. #### 4.1.1 Integrale uitvoering / betaling The most straightforward way an obligation is extinguished is through its complete and proper performance. If the promised prestation (to give, to do, or not to do) is fully executed as agreed, the obligation ceases to exist. This includes the timely payment of a purchase price or a court-ordered damages award. * **Example:** If Piet agrees to sell his boat to Sara for 10,000 dollars and Sara pays the full amount on time, Piet's obligation to transfer ownership of the boat is extinguished. #### 4.1.2 Betaling met subrogatie While not explicitly detailed in the provided excerpts, payment with subrogation typically means that when a third party pays a debt on behalf of the debtor, that third party steps into the shoes of the original creditor and acquires their rights against the debtor. #### 4.1.3 Schuldvergelijking (Set-off) Set-off occurs when two parties are simultaneously debtors and creditors to each other. In such cases, their obligations are extinguished against each other to the extent of the lesser of the two debts. **Conditions for legal set-off:** * The debts must involve sums of money. * The debts must be fixed (determined). * The debts must be exigible (due and payable). * The parties must be personally bound for these debts. * **Example:** Piet buys a boat from Sara for 10,000 dollars, and Sara buys a car from Piet for 5,000 dollars. Their obligations are set off: Piet owes Sara 10,000 dollars, and Sara owes Piet 5,000 dollars. The net result is that Piet still owes Sara 5,000 dollars (10,000 - 5,000), and Sara's obligation to Piet for the car is extinguished. #### 4.1.4 Bevrijdende verjaring (Extinctive prescription) Extinctive prescription refers to the lapse of a specific period of time, after which a party is freed from an obligation. This is a legal mechanism designed to ensure legal certainty and prevent long-standing, unprovable claims. * **Key aspects:** * It can be "stuiting" (resetting the clock) or "schorsing" (suspending the term). * It cannot be contractually excluded. * It applies to private law. * **Example:** If a debt becomes time-barred after a certain number of years, the debtor is no longer legally obligated to pay it, even if the debt technically still exists. #### 4.1.5 Schuldvernieuwing (Novation) Novation occurs when a new obligation is created to replace an old one, effectively extinguishing the original obligation. This can happen by changing the nature of the obligation, the parties involved, or the terms of payment. #### 4.1.6 Overdracht van schuldvordering (Assignment of claim) While an assignment of a claim typically involves transferring the right to receive a prestation to a third party rather than extinguishing the obligation itself, it can lead to extinguishment if the assignee's claim is then settled. #### 4.1.7 Kwijtschelding (Remission) Remission is when a creditor voluntarily forgives or waives a debt owed by a debtor. This is an act of generosity by the creditor that extinguishes the obligation. #### 4.1.8 Overmacht (Force majeure) Force majeure refers to an event that is entirely independent of the debtor's will and makes the performance of the obligation impossible. * **Conditions for release:** * The event must be external to the debtor. * The event must be unforeseeable at the time of contracting. * The event must be irresistible, meaning its consequences cannot be avoided. * **Effect:** It generally leads to the temporary suspension of the obligation. If the impossibility is permanent, it can lead to the extinguishment of the obligation. * **Example:** A ship being stuck in the Suez Canal preventing delivery of goods could be considered force majeure, suspending the delivery obligation. #### 4.1.9 Overlijden van de SA bij persoonsgebonden verbintenissen (Death of the debtor in personal obligations) If an obligation is "persoonsgebonden" (personal in nature), meaning the identity of the debtor is of crucial importance, the obligation is extinguished upon the debtor's death and does not pass to their heirs. * **Example:** A contract for a renowned surgeon to perform a specific operation is a personal obligation. If the surgeon dies, the heirs are not obligated to find a replacement or fulfill the contract. #### 4.1.10 Realisatie van de ontbindende voorwaarde (Realization of a resolutive condition) When a resolutive condition (ontbindende voorwaarde) attached to an obligation is met, the obligation or the entire contract is extinguished. * **Example:** A donation is granted on the condition that the recipient obtains a diploma. If the recipient fails to obtain the diploma, the resolutive condition is met, and the donation obligation is extinguished. #### 4.1.11 Tenietgaan van de overeenkomst (Extinguishment of the contract) If the underlying contract that gave rise to the obligation is itself extinguished (e.g., through mutual agreement, rescission, or other valid reasons), then all obligations stemming from that contract are also extinguished. ### 4.2 Tortious liability Tortious liability, also known as extra-contractual liability or liability for wrongful acts, arises when a person causes harm to another outside of a contractual relationship. It is based on the principle that individuals are responsible for the damage they cause through their fault. #### 4.2.1 Kenmerken van foutaansprakelijkheid (Characteristics of fault liability) The general rule for tortious liability is enshrined in Article 6.5 of the Civil Code: "Everyone is liable for the damage they cause to another through their fault." To establish tortious liability, three elements must generally be proven: 1. **A fault (fout):** This can be an intentional act, negligence, or imprudence. It involves the non-observance of a legal or regulatory norm, or a general duty of care expected of a reasonable and prudent person. 2. **Damage (schade):** The victim must have suffered actual harm, which can be material (patrimonial) or moral (extra-patrimonial). 3. **Causal link (oorzakelijk verband):** There must be a direct link between the fault and the damage suffered. The fault must have been a necessary condition for the damage to occur. #### 4.2.2 Aansprakelijkheid voor eigen fout (Liability for one's own act) This is the fundamental principle where an individual is held responsible for their own wrongful actions or omissions. * **Elements of a fault:** * **Wrongful act:** A deliberate act, omission, negligence, or imprudence. * **Breach of a general duty of care:** Comparing the conduct to that of a reasonable and prudent person. This includes considering foreseeability of the damage. * **Insignificant size of the fault:** Even a minor fault can lead to liability if it causes damage. * **Causality:** The fault must be a necessary condition for the damage. If multiple individuals are at fault, they may be held liable *in solidum* (jointly and severally liable for the entire damage), with a right of recourse against each other based on their respective contributions to the damage. If the victim is also partly at fault, liability may be shared ("gedeelde aansprakelijkheid"). * **Damage:** Must be lawful, personal, and proven. It can be material (loss or loss of profit) or moral. * **Minors and Mentally Incapacitated Individuals:** * Children under 12 years are not liable for their faults. * Individuals aged 12 and over are generally liable, but judges may have discretion. * Mentally incapacitated individuals are treated similarly to minors aged 12 and over. #### 4.2.3 Aansprakelijkheid voor andermans daad (Liability for the acts of others) In certain situations, individuals or entities can be held liable for the wrongful acts of others. This is a form of vicarious liability. * **Parents for their minor children:** Parents (or those with parental authority) are liable for damages caused by the fault of their minor children. * Under 16 years: This is a faultless liability (objectief aansprakelijk). * 16-17 years: There is a presumption of liability, which can be rebutted by proving no lack of supervision or good upbringing. * **Supervisors of others:** Persons entrusted with the supervision of others are liable based on a rebuttable presumption of liability if their supervision was faulty. This applies only during the period of supervision. * **Employers for their employees (Principals):** Employers are liable for damages caused by the fault of their employees ("aanstellers") in the course of their employment. This is considered an absolute presumption of liability. * **Right of recourse:** The employer who pays damages can seek reimbursement from the actual employee-offender. #### 4.2.4 Aansprakelijkheid voor zaken en dieren (Liability for things and animals) This category involves liability that is often objective (faultless), meaning a presumption of liability is established based on the relationship with the thing or animal, rather than proving a direct fault in its handling. * **Liability for things:** The "custodian" (bewaarder) of a thing is held liable for damages caused by a defect in that thing. * **Conditions to prove:** * The claimant must prove they were the "custodian." This involves demonstrating factual use and the right of direction and control over the thing. * The "defect of the thing" (gebrek van de zaak) – an abnormal characteristic. * The damage. * A causal link between the defect and the damage. * **Effect:** An irrebuttable presumption of liability. * **Exoneration:** Possible only through proof of a "foreign cause" (vreemde oorzaak). * **Product Liability:** Manufacturers are liable for damages caused by unsafe products. This is a tiered liability involving the producer, importer, and supplier. * **Conditions:** The product must have a defect (related to safety), causing damage to a consumer. There must be a causal link. * **Damages:** Full compensation for physical and moral damage. * **Time limits:** A 10-year prescription period from when the product was put on the market, or 3 years from the occurrence of the damage. * **Liability for animals:** While not detailed extensively, the principle of liability for animals typically follows a similar faultless presumption for the animal's owner or custodian when the animal causes damage due to its nature. #### 4.2.5 Pluraliteit van aansprakelijken (Plurality of liable parties) When multiple parties are responsible for causing damage, they can be held liable in different ways, impacting how the victim can claim compensation and how the responsible parties can seek contribution from each other. * **In solidum liability:** In cases of tort where multiple individuals contribute to the same damage, they can be held *in solidum* liable. This means the victim can claim the full amount of damages from any one of the liable parties, regardless of their individual degree of fault. The party who pays the full amount then has a right of recourse against the other liable parties for their respective shares of responsibility. * **Shared liability (Gedeelde aansprakelijkheid):** If the victim's own fault contributed to the damage, the liability of the tortfeasor(s) may be reduced proportionally to the victim's contribution. ### 4.3 Tenietgaan van verbintenissen (Extinguishment of obligations) This section details the various legal ways an obligation can cease to exist, beyond simple performance. #### 4.3.1 Integrale uitvoering / betaling As discussed previously, the complete and correct execution of the promised prestation extinguishes the obligation. #### 4.3.2 Betaling met subrogatie (Refer to section 4.1.2) #### 4.3.3 Schuldvergelijking (Set-off) (Refer to section 4.1.3) #### 4.3.4 Bevrijdende verjaring (Extinctive prescription) (Refer to section 4.1.4) #### 4.3.5 Schuldvernieuwing (Novation) (Refer to section 4.1.5) #### 4.3.6 Overdracht van schuldvordering (Assignment of claim) (Refer to section 4.1.6) #### 4.3.7 Kwijtschelding (Remission) (Refer to section 4.1.7) #### 4.3.8 Overmacht (Force majeure) (Refer to section 4.1.8) #### 4.3.9 Overlijden van de SA bij persoonsgebonden verbintenissen (Death of the debtor in personal obligations) (Refer to section 4.1.9) #### 4.3.10 Realisatie van de ontbindende voorwaarde (Realization of a resolutive condition) (Refer to section 4.1.10) #### 4.3.11 Tenietgaan van de overeenkomst (Extinguishment of the contract) (Refer to section 4.1.11) ### 4.4 Tenietgaan van verbintenissen (Specific scenarios) This subsection further elaborates on specific situations leading to the extinguishment of obligations. #### 4.4.1 Gewijzigde omstandigheden en overmacht (Changed circumstances and force majeure) * **Changed circumstances:** If circumstances significantly change (e.g., cost of performance drastically increases), it may open the door for renegotiation of the contract. * **Force majeure:** As detailed in section 4.1.8, an unforeseeable and irresistible external event that makes performance impossible leads to suspension or extinguishment of the obligation. * **Tip:** Distinguish between permanent impossibility (extinguishment) and temporary impossibility (suspension). #### 4.4.2 Overlijden van de SA bij persoonsgebonden verbintenissen (Death of the debtor in personal obligations) (Refer to section 4.1.9) #### 4.4.3 Realisatie van de ontbindende voorwaarde (Realization of a resolutive condition) (Refer to section 4.1.10) #### 4.4.4 Tenietgaan van de overeenkomst (Extinguishment of the contract) (Refer to section 4.1.11) --- # Specific contracts: sale and lease This topic examines the principles, obligations, and consequences of two fundamental contract types: sale and lease. ### 5.1 The contract of sale The contract of sale is a legal agreement where one party (the seller) agrees to transfer ownership of a good to another party (the buyer) in exchange for a price. #### 5.1.1 General principles of sale * **Definition:** A sale is an agreement where a seller obligates themselves to deliver a thing and the buyer obligates themselves to pay a price for it. * **Validity:** General validity conditions for contracts apply, including consent, capacity, a lawful and determined object, and a lawful cause. Specific validity conditions may exist for certain sales, such as those involving spouses, guardians, or concerning immovable property. * **Consumer protection:** Specific regulations aim to protect consumers in certain sales techniques. #### 5.1.2 Transfer of ownership and risk * **Moment of transfer:** Ownership of the item generally transfers to the buyer at the moment the sale is concluded, provided all general and specific validity conditions are met. * **Exceptions:** * Sales of generic goods: Ownership transfers upon identification of the goods. * Sales of future goods: Ownership transfers when the goods come into existence. * Contractual clauses of reservation of ownership: Ownership may be stipulated to transfer at a later point, for example, upon the execution of the authentic deed for immovable property or upon full payment of the price. * **Transfer of risk:** The risk of loss or damage to the item generally transfers with ownership. However, contracts can stipulate otherwise, for instance, that the risk transfers upon delivery even if ownership transfer is delayed. #### 5.1.3 Seller's obligations The seller has three primary obligations: 1. **Delivery of the thing:** * This involves transferring possession of the item. For movable property, it means handing over the item itself. For immovable property, it means handing over the keys and ownership titles. * **Principle:** The buyer is generally obliged to collect the item from the seller's premises, unless otherwise agreed. * **Visible defects:** The buyer must inspect the item for visible defects upon delivery. 2. **Quality guarantee (warranty against hidden defects):** * This is the seller's obligation to guarantee that the item is free from hidden defects that existed at the time of the sale, were not known to the buyer, are serious enough to render the item unfit for its intended use, and were not excluded by the contract. * **Conditions:** * The defect must be serious. * The defect must have existed at the time of the sale. * The defect must not have been known to the buyer. * The defect must not have been excluded in the contract. * The defect must be reported within a short period. * **Buyer's choice:** If a hidden defect is proven, the buyer can choose between rescission of the sale or a reduction in the price. 3. **Legal guarantee (warranty against eviction):** * This obliges the seller to ensure the buyer's peaceful and undisturbed possession of the item. This means the seller must protect the buyer from any claims by third parties and refrain from acting in a way that disturbs the buyer's possession. #### 5.1.4 Buyer's obligations The buyer has three primary obligations: 1. **Acceptance of delivery:** * The buyer must accept the delivered item. This acceptance implies acknowledging the conformity of the item, especially regarding visible defects. * **Principle:** The buyer is generally obliged to collect the item, unless otherwise agreed. 2. **Payment of the price:** * The price must be paid at the agreed time and place, which is typically at the moment and place of delivery, unless otherwise stipulated in the contract. 3. **Payment of costs:** * Unless otherwise agreed, the buyer bears all costs associated with the sale, such as transport costs. #### 5.1.5 Special sale agreements The document briefly mentions special sale agreements without detailing them, but the context suggests these might include specific regulations for certain types of sales or sales techniques. ### 5.2 The contract of lease A lease agreement grants a person (the lessee) the right to use a thing for a certain period in exchange for payment of a price (rent) to the owner or holder of the right (the lessor). #### 5.2.1 General principles of lease * **Definition:** A lease is an agreement where a lessor undertakes to grant the use of a thing to a lessee for a specified period in return for a rent. * **Nature:** It is a personal right (a right of claim), not a real right, meaning it creates obligations between the parties rather than a direct power over the thing itself. Leases are generally considered acts of administration, unless they exceed nine years. * **Applicable regimes:** Lease contracts are governed by the general lease law (gemeen huurrecht), unless specific regulations (like those for dwelling, commercial, or student housing leases) apply. #### 5.2.2 Lessor's duties The lessor has several key duties: 1. **Delivery of the thing:** * The lessor must deliver the property in good condition, unless the contract specifies otherwise (e.g., a renovation agreement). * For dwelling leases, additional information obligations and requirements regarding the rent guarantee apply. 2. **Maintenance of the thing:** * The lessor is responsible for the necessary repairs and maintenance resulting from normal wear and tear, enabling the property to be used for its intended purpose. This duty can be contractually modified. 3. **Guarantee of peaceful enjoyment:** * The lessor must protect the lessee from any legal or factual disturbances that might impede their use of the property. This includes protecting against claims from third parties and against hidden defects in the property. 4. **Rent guarantee:** * A security deposit may be stipulated in the contract. For dwelling leases, this deposit cannot exceed three months' rent and must be deposited in an individualized account, with any interest accrued benefiting the lessee. #### 5.2.3 Lessee's duties The lessee has several key duties: 1. **Use as a good manager:** * The lessee must use the property as a prudent manager would, according to its normal intended use. * Minor repairs due to normal wear and tear are typically the lessee's responsibility, but not damage caused by the lessee themselves. 2. **Payment of rent:** * The rent must be paid as agreed in the lease agreement. 3. **Return of the property:** * The lessee must return the property in good condition at the end of the lease. * **Inventory list (plaatsbeschrijving):** If an inventory list was made at the beginning of the lease, the property should be returned in a corresponding state, accounting for normal wear and tear or force majeure. If no inventory was made, the property is presumed to have been received in good condition, and the lessee is presumed responsible for any damage, including fire damage, unless they can prove otherwise. 4. **Provision of furnishings (for immovable property):** * The lessee is responsible for providing furnishings and coverings. This is important because the lessor may have a privilege over these items in case of unpaid rent. 5. **Mandatory insurance (in Flanders):** * For immovable property in Flanders, both the lessee and lessor are obliged to take out insurance covering fire and water damage. #### 5.2.4 Termination of lease The termination of a lease depends on the type of property and the lease duration. * **Immovable property not used for dwelling:** Leases for a fixed term end upon the expiry of the term. Leases for an indefinite term can be terminated by notice. * **Dwelling leases:** The lessor's ability to terminate the lease is strictly regulated, with potential for high compensation for the lessee. There are specific rules regarding the duration of dwelling leases, registration obligations for the lessor, and termination procedures. * **Other termination methods:** Leases can also be terminated by mutual agreement, judicial dissolution, or other general methods for contract termination. #### 5.2.5 Student leases Student leases are subject to mandatory regulations: * **Tenant:** Must be a student. * **Property:** The leased property is not the student's primary residence. * **Rent guarantee:** Maximum of two months' rent. * **Assignment and subletting:** Generally not permitted without the lessor's consent, unless for specific reasons like Erasmus exchanges or internships abroad. * **Termination:** The lessor cannot terminate the lease, and tacit renewal is prohibited. The student can terminate the lease. #### 5.2.6 Special rental regimes * **General lease regime:** Applies to all lease contracts not covered by specific regulations, such as garages, offices, or holiday homes. These can be for fixed or indefinite terms. * **Dwelling lease:** Special rules apply to leases for primary residences, often considered mandatory law. These leases typically have a duration of nine years, with exceptions for longer leases or short-term leases (up to three years). Termination rules are strict, requiring notice periods and potential compensation. * **Commercial lease:** Special, highly formalized rules apply to leases for retail businesses or enterprises that directly interact with the public. These leases have a minimum duration of nine years, with the tenant having a right to three lease renewals if requested timely and correctly. --- ## Common mistakes to avoid - Review all topics thoroughly before exams - Pay attention to formulas and key definitions - Practice with examples provided in each section - Don't memorize without understanding the underlying concepts

| Term | Definition | |------|------------| | Recht | Law, a set of rules and norms that govern the conduct of individuals and organizations within a society, enforced by governmental authority. | | Burgerlijk recht | Civil law, a branch of law that deals with private relations between individuals, covering areas such as contracts, property, family law, and inheritance. | | Verbintenis | Obligation, a legal bond by which one or more persons are bound to perform or refrain from performing a specific act for another person or persons. | | Schuldenaar (SA) | Debtor, the party who owes a performance or debt to another party. | | Schuldeiser (SE) | Creditor, the party to whom a debt or performance is owed. | | Voorwaardelijke verbintenis | Conditional obligation, an obligation whose performance or extinguishment is made dependent on the occurrence of an uncertain future event. | | Opschortende voorwaarde | Suspensive condition, a condition that, if met, causes an obligation to become enforceable or a contract to take effect. | | Ontbindende voorwaarde | Resolutive condition, a condition that, if met, causes an obligation to cease or a contract to be terminated. | | Potestatieve voorwaarde | Potestative condition, a condition whose realization depends on the will of the debtor or creditor. | | Verbintenis met tijdsbepaling | Obligation with a time clause, an obligation whose performance or extinguishment depends on a future and certain event. | | Persoonsgebonden verbintenis | Personal obligation, an obligation where the identity and specific qualities of the obligor are of paramount importance. | | Prestatiegebonden verbintenis | Performance-based obligation, an obligation where the performance itself is the focus, and the identity of the obligor is less important. | | Deelbare verbintenis | Divisible obligation, an obligation that can be performed in parts, where each co-debtor or co-creditor is only liable for their portion. | | Hoofdelijke verbintenis | Joint obligation (solidary obligation), an obligation where each co-debtor can be held liable for the entire performance, and each co-creditor can demand the entire performance from any co-debtor. | | In solidum verbintenis | In solidum obligation, a type of solidarity where multiple parties are liable for the same debt or damage, often in non-contractual situations, allowing the creditor to claim the full amount from any party. | | Resultaatsverbintenis | Obligation of result, an obligation where the debtor guarantees a specific outcome; failure to achieve the result constitutes a breach. | | Inspanningsverbintenis | Obligation of means, an obligation where the debtor undertakes to use reasonable efforts to achieve a certain outcome, without guaranteeing the outcome itself. | | Overeenkomst | Contract, a legally binding agreement between two or more parties that creates mutual rights and obligations. | | Wilsovereenstemming | Meeting of the minds, the mutual assent of parties to the terms of a contract. | | Totstandkoming van overeenkomsten | Formation of contracts, the process by which a contract becomes legally valid, typically involving offer, acceptance, and valid consent. | | Geldigheidsvoorwaarden | Validity conditions, the legal requirements that must be met for a contract to be valid and enforceable. | | Relatieve nietigheid | Relative nullity, a defect in a contract that can only be invoked by specific parties designated by law. | | Absolute nietigheid | Absolute nullity, a defect in a contract that can be invoked by any interested party or the court. | | Contractuele trouw | Contractual good faith, the principle that parties to a contract must act honestly and fairly in its performance and enforcement. | | Overmacht | Force majeure, an unforeseeable, unavoidable, and external event that prevents a party from fulfilling their contractual obligations. | | Contractuele aansprakelijkheid | Contractual liability, the responsibility of a party for damages caused by their failure to perform a contractual obligation. | | Gedwongen uitvoering | Forced execution, legal measures taken to compel a party to perform their contractual obligations. | | Uitvoering in natura | Specific performance, the execution of a contract by performing the actual service or delivering the actual goods as agreed. | | Uitvoering bij equivalent | Performance by equivalent, compensation for non-performance, typically in the form of monetary damages. | | Gerechtelijke ontbinding | Judicial rescission, the termination of a contract by a court order due to a breach of contract. | | Betrekkelijkheid van overeenkomsten | Relativity of contracts, the principle that a contract only creates rights and obligations for the parties who entered into it. | | Tegenwerpelijkheid | Opposability, the extent to which a contract's existence and terms can be asserted against third parties. | | Onrechtmatige daad | Tortious act (wrongful act), an act or omission that causes harm to another party and for which the perpetrator can be held legally liable outside of a contract. | | Foutaansprakelijkheid | Liability for fault, legal responsibility arising from a negligent or intentional act that causes harm. | | Causaal verband | Causal link, the demonstrable connection between a wrongful act or omission and the resulting damage. | | Schade | Damage, harm or loss suffered by a party as a result of a wrongful act. | | Materiële schade | Material damage, financial losses, including direct losses and lost profits. | | Morele schade | Moral damage, non-pecuniary harm, such as pain, suffering, or emotional distress. | | Aansprakelijkheid voor andermans fout | Vicarious liability (liability for another's act), responsibility of a person for the wrongful acts of another, such as an employer for an employee. | | Beperking van aansprakelijkheid | Limitation of liability, a contractual clause or legal provision that restricts the amount or type of damages a party can recover. | | Schadebeding | Penalty clause (liquidated damages clause), a contractual provision that specifies a predetermined amount of damages payable in the event of a breach. | | Exoneratieclausule | Exemption clause (disclaimer clause), a contractual clause that seeks to limit or exclude liability for certain events or damages. | | Bevrijdende verjaring | Extinctive prescription, the loss of the right to sue for a debt or claim due to the lapse of a statutory period. | | Verkrijgende verjaring | Acquisitive prescription, the acquisition of ownership or other rights through the continuous possession or use of property for a statutory period. | | Schenking | Gift, a gratuitous transfer of property from one person to another. | | Koop | Sale, a contract where one party (the seller) transfers ownership of property to another party (the buyer) in exchange for a price. | | Huur | Lease, a contract where one party (the lessor) grants the use and enjoyment of a property to another party (the lessee) for a specific period in exchange for rent. | | Levering | Delivery, the act of transferring possession of goods from seller to buyer. | | Kwaliteitswaarborg | Quality guarantee, a seller's obligation to ensure that the goods sold meet certain quality standards, including warranty against hidden defects. | | Vrijwaring voor verborgen gebreken | Warranty against hidden defects, a seller's obligation to protect the buyer against defects in the goods that were not apparent at the time of sale. | | Vrijwaring voor uitwinning | Warranty against eviction, a seller's obligation to protect the buyer from any claims by third parties that may disturb the buyer's peaceful possession of the property. | | Huurwaarborg | Rental deposit, a sum of money paid by the tenant to the landlord as security against damages or unpaid rent. | | Plaatsbeschrijving | Inventory of fixtures, a detailed description of the condition of a property at the commencement of a lease, used for comparison at the end of the lease. | | Hoofdverblijfplaats | Principal residence, the primary place where a person lives. | | Handelshuur | Commercial lease, a lease agreement for premises used for commercial or business purposes. |