Wet Algemene Bepalingen

Last updated

The Wet van 15 mei 1829, houdende algemeene bepalingen der wetgeving van het Koningrijk (English Law from 15 may 1829, holding general decrees from the legislation of the Kingdom, short name Wet algemene bepalingen) is a principal law of the Netherlands containing a number of basic precepts pertaining to the applicability of the law in general. It is considered part of the body of constitutional law of the Netherlands, which is composed primarily of Constitution of the Netherlands and the Charter for the Kingdom of the Netherlands.

Contents

History

The Wet algemene bepalingen was developed by a legal advisory committee instituted by the Dutch King William I in 1814. It was originally intended to be part of the "General Definitions and Decrees" section of the new Dutch Civil Law, which William I intended to replace the Napoleonic code left over from the French occupation of the Netherlands which had ended in 1813. Both laws were thus drafted at the same time. [1] However, 1815 saw the start of a long period of political discord among the committee members and later the States-General of the Netherlands. This discord had two primary causes:

Despite attempts of several parties (including the King), the Southern Dutch dominated parliament rejected the new law in 1822 and pushed for a reformed Napoleonic law. As part of this transformation of the civil law book the "general precepts of law" were split off into a new law, the 1829 Wet Algemene Bepalingen. This law was passed on 15 May 1829 but did not enter into force until October 1, 1838 together with the Civil Law. Ironically, the delay was caused by the Belgian Revolution in which the Southern Netherlands forcibly split off from the kingdom.

The Wet algemene bepalingen has since proven to be quite a stable law. It is currently one of the oldest laws still in force in the Netherlands, and remains mostly unchanged from its first version. It has been changed three times in its existence (first time in 1988), always to move precepts into the Constitution or another law.

Contents

The Wet algemene bepalingen, or Law on general precepts and regulations introduces some basic rules for the applicability of laws throughout the Kingdom. It lays out the foundations for which laws relate to people and land, plus how the judicial power is supposed to behave.

Current precepts

Ex post facto and changing of the law
Article 4 determines that the law is only applicable after it is passed, not before (ex post facto law). Article 5 states that all laws remain in force until repealed or amended by a new law.
Personal over territorial applicability of laws
Article 6 determines that legal rights and responsibilities pertaining to Dutch citizens and the state hold, even if the citizen is abroad.
Territorial applicability of laws
Article 8 determines that the criminal law of the Netherlands applies to all those who are within its borders.
Universal and territorial applicability of civil law
Article 9 determines that Dutch civil law applies equally to citizens and foreigners in the Netherlands, unless explicitly stated by law.
Primacy of territories' law
Article 10 determines that any countries' law is applicable to that country (Dutch law has no primacy in foreign countries).
No court-made law
Article 11 determines that a judge must follow the law in his rulings and may not consider "inner value" or "reason within" the law [2] (i.e. a judge must apply the law as it is written he may not decide to do something else because he disagrees with the law or feels it is badly written). Article 12 states that judges may not render verdicts in the form of a general decree, disposition or regulation (i.e. judges cannot make general rules, but only rule on specific cases).
Right to ruling of the court
Article 13 determines that the court must rule in all cases; no judge may refuse to render verdict by claiming a lack of law, insufficiency or unclarity of law and can be prosecuted if he does.
Rule of international law
Article 13a limits the power of judges and official acts to within the bounds set by international law.

Previous precepts

No law is valid unless it is publicly accessible
Article 1 determined that no law would take effect before it had been properly proclaimed. Article 2 stated that all law is equally applicable throughout the kingdom, valid once it has been proclaimed throughout the entire Kingdom (i.e. all citizens of the Kingdom can know about it) and enters into force 20 days after official publication in the Staatscourant unless otherwise determined in that law. Articles 1 and 2 were rescinded on February 17, 1988 and their regulations were moved to the Constitution.
No common law
Article 3 determined that there is no uncodified law in the Netherlands: there is law and not common law, unless the law explicitly leaves room for it. This article was rescinded on January 1, 1992 and incorporated into the Civil Law books.
Public decency cannot be subverted
Article 14 determined that laws pertaining to public decency or order cannot be subverted or undone by any manner of act or common agreement. This article was rescinded on January 1, 1992 and incorporated into Book II of the Civil Law.
Real estate is ruled by territorial law
Article 7 determined that the law applicable to real estate was the law of the territory in which that real estate was located. This article was rescinded on May 1, 2008 and incorporated into other laws.

Related Research Articles

<span class="mw-page-title-main">Common law</span> Law created by judicial precedent

Common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

<span class="mw-page-title-main">Napoleonic Code</span> French civil code established in 1804

The Napoleonic Code, officially the Civil Code of the French, is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception.

<span class="mw-page-title-main">Constitution of the Netherlands</span> Basic law of the Netherlands

The Constitution of the Kingdom of the Netherlands is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the Kingdom of the Netherlands. It is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy; it is the third oldest constitution still in use worldwide. A revision in 1848 instituted a system of parliamentary democracy. In 1983, the most recent major revision of the Constitution of the Netherlands was undertaken, almost fully rewriting the text and adding new civil rights.

<span class="mw-page-title-main">Congress of Colombia</span> Bicameral national legislature of Colombia

The Congress of the Republic of Colombia is the name given to Colombia's bicameral national legislature.

<span class="mw-page-title-main">Civil law (legal system)</span> Legal system originating in Western Europe

Civil law is a legal system originating in Italy and France that has been adopted in large parts of the world. Modern civil law stems mainly from the Napoleonic Code of the early 19th century, and it is a continuation of ancient Roman law. Its core principles are codified into a referable system, which serves as the primary source of law.

Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.

<span class="mw-page-title-main">Supreme Court of the Netherlands</span> Highest court of the Kingdom of the Netherlands

The Supreme Court of the Netherlands, officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the Netherlands, including Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and is located in The Hague.

In conflict of laws, the choice of law rules for tort are intended to select the lex causae by which to determine the nature and scope of the judicial remedy to claim damages for loss or damage suffered.

The Netherlands uses civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the French Civil Code with some influence from Roman-Dutch law and pre-codal customary law. The new Civil Code was heavily influenced by the German Bürgerliches Gesetzbuch.

<span class="mw-page-title-main">Canadian contract law</span> Overview of contract law in Canada

Canadian contract law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within Québec. Outside Québec, Canadian contract law is derived from English contract law, though it has developed distinctly since Canadian Confederation in 1867. While Québecois contract law was originally derived from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of Quebec, which codifies most elements of contract law as part of its provisions on the broader law of obligations. Individual common law provinces have codified certain contractual rules in a Sale of Goods Act, resembling equivalent statutes elsewhere in the Commonwealth. As most aspects of contract law in Canada are the subject of provincial jurisdiction under the Canadian Constitution, contract law may differ even between the country's common law provinces and territories. Conversely; as the law regarding bills of exchange and promissory notes, trade and commerce, maritime law, and banking among other related areas is governed by federal law under Section 91 of the Constitution Act, 1867; aspects of contract law pertaining to these topics are harmonised between Québec and the common law provinces.

Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. Before the Dutch presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat. Foreign influences from India, China and the Middle East have not only affected culture, but also the customary adat laws. The people of Aceh in Sumatra, for instance, observe their own sharia law, while ethnic groups like the Toraja in Sulawesi still follow their animistic customary law.

The Burgerlijk Wetboek is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons, legal persons, patrimony and succession. It also sets out the law of property, obligations and contracts, and conflict of laws. Proposed amendments will add a Book on intellectual property.

<span class="mw-page-title-main">Council of Ministers of the Kingdom of the Netherlands</span> Wikipedia list article

The Council of Ministers of the Kingdom is the executive council of the Kingdom of the Netherlands, which is a state consisting of four constituent countries: Aruba, Curaçao, the Netherlands, and Sint Maarten.

The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.

<span class="mw-page-title-main">Kingdom of the Netherlands</span> Sovereign state including the Netherlands

The Kingdom of the Netherlands, commonly known simply as the Netherlands, is a sovereign state consisting of a collection of constituent territories united under the monarch of the Netherlands, who functions as head of state. The realm is not a federation; it is a unitary monarchy with its largest subdivision, the eponymous Netherlands, predominantly located in Northwestern Europe and with several smaller island territories located in the Caribbean.

<span class="mw-page-title-main">Contract</span> Legally binding document establishing rights and duties between parties

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty.

<span class="mw-page-title-main">Monarchy of the Netherlands</span> Constitutional and hereditary monarchy of the Kingdom of the Netherlands

The monarchy of the Netherlands is governed the country's Constitution, roughly a third of which explains the mechanics of succession, accession, and abdication; the roles and duties of the monarch; the formalities of communication between the States General of the Netherlands; and the monarch's role in creating laws.

<span class="mw-page-title-main">Politics of France</span> Political system of France

The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of National Sovereignty as defined by the Declaration of 1789".

A decree is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal bull, brief, or motu proprio is a decree inasmuch as these documents are legislative acts of the pope. In this sense the term is quite ancient. The Roman congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese may issue decrees in their periodical synods within their sphere of authority.

The Civil Code of Indonesia, commonly known in Indonesian as Kitab Undang-Undang Hukum Perdata, abbreviated as KUH Perdata), are laws and regulations that form the basis of civil law in Indonesia. Civil law in Indonesia originates from Napoleonic Law, and is codified through Staatsblaad number 23 of 1847.

References

  1. van Eechoud, M.M.M. (2003). Choice of Law in Copyright and Related Rights: Alternatives to the Lex Protectionis. Information law series. Kluwer Law International. p. 53. ISBN   978-90-411-2071-7 . Retrieved 2024-02-29.
  2. van Boven, M.W.; Brood, P. (2011). Tweehonderd jaar rechters (in Dutch). Verloren. p. 271. ISBN   978-90-8704-247-9 . Retrieved 2024-02-29.