New Book VI of the Civil Code

On 1 January 2025, the new Book VI of the Civil Code will come into force. This new Book VI deals with rules on extra-contractual liability. With this new Book VI adopted by parliament earlier this year, an important new reform will enter into force. These provisions will have a significant impact in the daily life of every person and company. It is important to take this into account, as the provisions of the new Book VI are in principle of supplementary law, unless their text or scope indicates otherwise. In a number of circumstances, certain rules can also be derogated from by agreement. You should therefore check your agreements to find out what applies to you. Below are three examples that clarify what will change compared to current liability law.

Under existing law - until the end of 2024 - the principle is that an agent, that is, a person relied on by a co-contractor to perform an obligation, can only be sued by the creditor under the contract in exceptional cases. Under the new law, this changes. From 1 January 2025, an auxiliary person, the person on whom a co-contractor relies to perform the contract, will indeed be able to be sued directly by the creditor. This could have important consequences. For example, where previously a subcontractor could only rarely be sued directly, this will be different from 2025. However, an important exception is that the contract could exclude such claim. So, depending on your position under the contract, it may be important to exclude certain claim possibilities. If you are the auxiliary person, you can invoke certain defense arguments from the principal relationship or defense arguments in your relationship with your principal.

In the new law, Book VI contains a more comprehensive set of provisions regarding the definition of 'damage'. This should provide better guidance in assessing the concept of damage and would provide more clarity. Among other things, the new Book VI stipulates that 'damage' consists of economic and non-economic consequences. Furthermore, it is now also enshrined that damages that originate from an unlawful event or activity attributable to the injured party do not give rise to compensation.

The new Book VI also lays down a new definition of when an item is considered defective for which one must vouch. An object is defective if, by any of its characteristics, it does not provide the safety that one is entitled to expect in the circumstances.

These are just some of the novelties addressed in the new Book VI. It is important that you consider what the impact may be for you and that you make new - contractual - arrangements in good time or review your insurance situation in the light of the new liability rules. KPMG Law's experts are ready to assess your concrete situation with you.