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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.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
The Netherlands is a country located mainly in Northwestern Europe. The European portion of the Netherlands consists of twelve separate provinces that border Germany to the east, Belgium to the south, and the North Sea to the northwest, with maritime borders in the North Sea with Belgium, Germany and the United Kingdom. Together with three island territories in the Caribbean Sea—Bonaire, Sint Eustatius and Saba— it forms a constituent country of the Kingdom of the Netherlands. The official language is Dutch, but a secondary official language in the province of Friesland is West Frisian.
The Constitution for 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.
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. 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:
William I was a Prince of Orange and the first King of the Netherlands and Grand Duke of Luxembourg.
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. The codification of laws is still being used in Indonesia as a pinnacle of the private laws besides Sharia law and custom laws. The laws initially applied only to Dutch settlers and foreign traders such as Chinese traders, Indian traders and Arab traders during the Dutch colonial era in Dutch East Indies, but after the independence of Indonesia in 1945, the government decided to retain the old Dutch law, expanded in use to indigenous people and Moslems voluntarily. The 1992 reformed version does not apply in Indonesia.
The Batavian Republic was the successor of the Republic of the Seven United Netherlands. It was proclaimed on 19 January 1795 and ended on 5 June 1806, with the accession of Louis I to the throne of Holland. From October 1801 onward, it was known as the Batavian Commonwealth. Both names refer to the Germanic tribe of the Batavi, representing both the Dutch ancestry and their ancient quest for liberty in their nationalistic lore.
The Southern Netherlands, also called the Catholic Netherlands, was the part of the Low Countries largely controlled by Spain (1556–1714), later Austria (1714–1794), and occupied then annexed by France (1794–1815). The region also included a number of smaller states that were never ruled by Spain or Austria: the Prince-Bishopric of Liège, the Imperial Abbey of Stavelot-Malmedy, the County of Bouillon, the County of Horne and the Princely Abbey of Thorn. The Southern Netherlands were part of the Holy Roman Empire until the whole area was annexed by Revolutionary France.
The Congress of Vienna, also called Vienna Congress, was a meeting of ambassadors of European states chaired by Austrian statesman Klemens von Metternich, and held in Vienna from November 1814 to June 1815, though the delegates had arrived and were already negotiating by late September 1814. The objective of the Congress was to provide a long-term peace plan for Europe by settling critical issues arising from the French Revolutionary Wars and the Napoleonic Wars. The goal was not simply to restore old boundaries but to resize the main powers so they could balance each other and remain at peace. The leaders were conservatives with little use for republicanism or revolution, both of which threatened to upset the status quo in Europe. France lost all its recent conquests while Prussia, Austria and Russia made major territorial gains. Prussia added smaller German states in the west, Swedish Pomerania and 60% of the Kingdom of Saxony; Austria gained Venice and much of northern Italy. Russia gained parts of Poland. The new Kingdom of the Netherlands had been created just months before, and included formerly Austrian territory that in 1830 became Belgium.
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 Belgian Revolution was the conflict which led to the secession of the southern provinces from the United Kingdom of the Netherlands and the establishment of an independent Kingdom of Belgium.
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.
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.
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In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
The Armed forces of the Netherlands consist of the Army, Navy, and Air Force.
The Napoleonic Code (French: Code Napoléon; officially Code civil des Français, referred to as Code civil) is the French civil code established under Napoleon I in 1804.
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.
The Prime Minister of the Netherlands is the head of the executive branch of the Government of the Netherlands in his capacity as chair of the Council of Ministers. The Prime Minister is de facto the head of government of the Netherlands and coordinates its policy with his cabinet. The current Dutch Prime Minister is Mark Rutte, in office since 2010.
A decree is a rule of law usually issued by a head of state, according to certain procedures. It has the force of law. The particular term used for this concept may vary from country to country. The executive orders made by the President of the United States, for example, are decrees. In non-legal English usage, however, the term refers to any authoritarian decision. Documents or archives in the format of royal decrees or farming were issued by rulers.
The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation.
Civil law, or civilian law, is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems, the intellectual framework of which comes from judge-made decisional law, and gives precedential authority to prior court decisions, on the principle that it is unfair to treat similar facts differently on different occasions.
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.
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.
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments.
The Netherlands uses civil law. Its laws are written and the application of customary law is exceptional. 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 influences from Roman Law and traditional Dutch customary law. The new civil law books were heavily influenced by the German Bürgerliches Gesetzbuch.
Lesbian, gay, bisexual, transgender (LGBT) rights in the Netherlands have been some of the most progressive in the world. Same-sex sexual activity was legalized in 1811 after France invaded the country and installed the Napoleonic Code, erasing any remaining sodomy laws and no more were enacted after the country received independence. An age of consent equal with that of heterosexual activity was put in place in 1971. During the late 20th century, awareness surrounding homosexuality grew and society became more tolerant of homosexuals, eventually leading to its declassification as a mental illness in 1973 and a ban on discrimination based on sexual orientation in the military. The Equal Treatment Act 1994 bans discrimination on sexual orientation on the grounds of employment, housing, public accommodations, and other areas. This was extented in 2019 to include discrimination based on gender identity, gender expression and sex characteristics. After the country began granting same-sex couples domestic partnerships benefits in 1998, the Netherlands became the first country in the world to legalize same-sex marriage in 2001. Same-sex joint and stepchild adoption are also permitted. Lesbian couples can get access to IVF as well.
The Netherlands Institute of International Relations Clingendael or Clingendael Institute is an independent think tank and diplomatic academy which studies various aspects of international relations. The institute is located in Wassenaar in Huys Clingendael, a 17th-century manor house which is part of the Clingendael estate.
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 international waters. It is also applicable to the Spanish armed forces worldwide. Spanish law stems from the Spanish people through democratically elected institutions. Equally, part of the legislation comes from the supranational institutions of the European Union, which also enjoy democratic legitimacy.
The Kingdom of the Netherlands, commonly known as the Netherlands, is a sovereign state and constitutional monarchy with the large majority of its territory in Western Europe and with several small island territories in the Caribbean Sea, in the West Indies islands.
The monarchy of the Netherlands is constitutional and, as such, the role and position of the monarch are defined and limited by the Constitution of the Netherlands. Consequently, a fairly large portion of the Dutch Constitution is devoted to the monarch; roughly a third of the document describes the succession, mechanisms of accession and abdication to the throne, the roles and responsibilities of the monarch and the formalities of communication between the Staten-Generaal and the role of the monarch in the creation of laws.
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."