private international law in Netherlands; Book 10 of the Dutch Civil Code; general provisions of Dutch private international law; codification of Dutch conflict of law rules
Problemy Prawa Prywatnego Międzynarodowego, T. 11 (2012), s. 141-153
The codification of Dutch private international law was performed in a way
that was not generally admitted. The legislative process took more than three decades
of legislative efforts. During preparative works it was decided, that Dutch PIL would
contain only conflict of law rules, while procedural matters, including jurisdiction and
enforcement of foreign judgments, would be regulated in the Code of Civil Procedure.
method, that had been chosen from the beginning of the law — making
works, consisted of the preparation of separate bills that had been concentrated on
the issues of limited scope, for example, separation and divorce or property law. Thus,
rules were diffused in a number of bills, not formally linked to each other.
The process was ended by sketching the project of a bill that gathered rules of a general
nature, that were developed by courts and legal doctrine. These rules were finally introduced
to the act on Dutch private international law as its general part.
General provisions of Dutch private international law are formulated in 17 articles.
They contain, in particular, public policy clause, rules on personal status of natural persons,
including legal position of aliens, on form of legal acts and on overriding mandatory
rules of private international law.