Jeroen Chorus, Ewoud Hondius and Wim Voermans (eds), Introduction to Dutch Law

Pages179-180
Date01 January 2018
Author
DOI10.3366/elr.2018.0478
Published date01 January 2018

This is a very welcome updated edition which continues to provide an extremely comprehensive and accessible overview of Dutch law, following the fourth edition in 2006. Produced under the auspices of the Netherlands Comparative Law Association, the range of authors is impressive, both spanning generations of legal academics (from PhD candidates to Emeritus Professors) and including practitioners, who may also hold academic posts throughout the Netherlands. As such, the volume is important for highlighting notable commentators in diverse areas.

This volume follows a similar structure to the previous edition, but has seen some refocusing of subject areas covered. This reflects the ongoing pervasive European influence, whether via EU law, or judgments of the European Court of Human Rights, as well as changes in Dutch society which have necessitated new or modified legislation. While the five parts of the volume are expansive in their coverage, individual chapters provide sufficient detail to cover aspects such as historical development of, and European influence on, the current substantive law.

Part I, “Dutch legal system”, opens with an informative chapter on history (Chorus), encompassing modern political history, the courts, historical sources of Dutch law, and legal learning. The chapter on Dutch legal culture (Van Rossum) is wide-ranging, but sets the scene with allusions to well-known aspects of Dutch culture, such as beleid (typically rendered in English by the limited translation of “policy”) and the polder model, as well as common examples such as soft drugs and euthanasia in light of the “balancing” of soft and tough approaches to law and regulation which characterise Dutch legal culture. Subsequent chapters provide detailed overviews of judicial organisation (Stolk and Voermans) and legal education and the legal profession (De Groot and Claessens).

Part II, “private law”, represents the largest section of the volume with ten chapters. These elaborate the relevant books within principally the Dutch Civil Code (Burgelijke Wetboek) to outline substantive law in connection with legal persons (Huizink), law of inheritance (Perrick), representation, power of attorney and mandate (Schuijling), specific contracts (Hondius and Keirse) and commercial law (Huizink). Where appropriate, other legal sources are cited, such as case law and the European Convention on Human Rights in the context of family law (Vlaardingerbroek), and international conventions in...

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