Friendship contract

In the Netherlands, a friendship contract ('vriendschapscontract') is an agreement which regulates the consequences of a social relationship between two or more persons under family law as well as property law. Such a contract has no prescribed form. From an evidential point of view a written or notarial form is preferred. In addition, parties are in principle (see article 3:40 of the Dutch Civil Code (Burgerlijk Wetboek (BW)) free to determine the content of their agreement. For example, a tangible or intangible duty of care can be established, a power of attorney can be granted in case a party can no longer act on his own behalf, and an arrangement can be made for the event that one party obtains a good that, in whole or in part, is financed with assets of the other. In the Dutch law of persons and Dutch family law, there is no legal effect attached to friendship contracts; this not expected to change in the near future.[1] The friendship contract is therefore currently governed by general Dutch contract and property law.

  1. ^ The Dutch government recently decided to not even create a regulation for unmarried and unregistered cohabitants.

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