Private Law

Question 1

Valid Contract

Answer 1

1. Requirement Capacity –> provision art 3:32 BW (no counter indications)
2. Requirement Permissible content –> provision art. 3:40 BW (agreement both content or necessary implication is not contrary to good morals or public order)
3. Requirement consensus –> provision 3:33 BW (there is a consensus, reciprocal basis and acceptance)
4. Requirement Determinability of obligations –> provision art 6:227 ( requirement is met, individual is obliged to pay and the dealer is obliged to repair)

IF ALL THE REQUIREMENTS WERE FULFILLED THE CONTRACT IS VAILD

Question 2

Invalid Contract

Answer 2

1. Requirement Capacity –> provision art 3:32 BW ( a person who is declared as legally incompetent/mental illness). –> timing of the declaration to enter the contract. –> there is article 3:34 but this is only if the individual cannot enter a contract, due to mental disturbance.

2.Requirement Permissible content –> provision art. 3:40 BW ( due to article 3:34 if a person is mentally disturbed the contract can be annulled if it is evident the person’s will was defective. So the mental illness has influenced the persons decision not rationale desire)

3. Requirement good faith and knowledge of the other party art 3:35 DCC. If the other party did not know about the mental illness, the contract may still be vaild. If the party was unaware, the act was under good faith.
4. can the contract be annulled art 3:34 , although the individual was defective due to mental illnesses the contract would be annulled. However, as the party acted in good faith. the contract is voidable.

Question 3

Does Dutch law offer a possibility to get (at least part of) money back

Answer 3

1. vitiated consent
2. abuse of circumstances
3. art. 3:44 subsection 1 jo. 4 DC
   if there is no obligation the contract will be annulled, so she can get her money back
   if there is a vulnerability or advantage of the individual.