Article 6:162 Dutch Civil Code

Article 6:162 DCC is the general basis for claims for damages that arise from torts. On the basis of 6:162(1) DCC, “a person who commits a tort towards another which can be imputed to him, must repair the damage which the other person suffers as a consequence thereof.” Article 6:162(2) DCC provides three categories of torts that need to be repaired. These types of acts are considered ‘onrechtmatig’ (unlawful). The first category of acts is that of a breach of right. An example of such a right is a property right. The second category is that of acts or omissions that violate a statutory duty. This may be the case when a written rule of unfair competition is violated and a competitor of the tortfeasor suffers damage from this violation. The third category relates to acts or omissions that violate a “rule of unwritten law pertaining to proper social conduct”. This last category enables to import all kinds of duties of care. It is this category of tort that is often used to hold intermediaries liable.