Netherlands
Civil law
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The Netherlands is a civil-law country with a modern Civil Code (the New Civil Code, in force from 1992). Its courts cannot strike down an Act of Parliament for conflicting with the Constitution, but they can set it aside if it conflicts with a treaty.
Updated October 2026. Spotted a mistake? Tell us.
Where the law comes from
- The Constitution and Acts of Parliament
- The Civil Code (Burgerlijk Wetboek), the Criminal Code and other codes
- European Union law and treaties such as the European Convention on Human Rights, which take priority over ordinary national law
- Decisions of the Supreme Court (Hoge Raad), which are influential
The main courts
- The Supreme Court (Hoge Raad) is the top court for civil, criminal and tax cases
- The Council of State and other top administrative courts for disputes with the government
- Courts of appeal and district courts, which also handle smaller cases in separate sectors
Becoming a lawyer
A law degree, then a period of professional training under supervision and bar courses, and registration as an advocaat with the Netherlands Bar.
What may surprise you
- Courts may not test Acts of Parliament against the Constitution, but may test them against treaties.
- The Netherlands has been influential in modern civil-code design and in international law, with The Hague as a centre for international courts.
- Dutch law is the source of Roman-Dutch law, which still applies in South Africa and parts of Southern Africa.
- Mediation and settlement are strongly encouraged.
Related systems
How this country is classified
The University of Ottawa’s JuriGlobe database lists Netherlands as: Civil law. It names the systems in order of importance.
The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.
Other countries in the same family
Sources
Sources last reviewed: October 2026.
TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Netherlands, consult a lawyer qualified there. Report a mistake.

