Under Article 3:94 of the Dutch CC, rights that are to be exercised against one or more specifically identified persons are issued by means of a deed intended for that purpose, and notice thereof is given to such persons by the party disposing of, or acquiring, these rights. The Dutch Hoge Raad 16 May 2003, (RvdW 2003, 95) confirmed that, in order to transfer or pledge these rights lawfully, it is necessary and sufficient for the deed to contain such information as makes it possible to determine the rights concerned – if necessary afterwards. In order to determine the exact content of the deed, the judge should also take into account the meaning which the parties, in the relevant circumstances, may reasonably have attributed to each other’s statements and behaviour, as well as any expectations that they could reasonably have in this respect.
|Journal||European Review of Private Law|
|Number of pages||31|
|Publication status||Published - 2003|