Ƶ

Novation Contract for the Netherlands

Novation Contract Template for Netherlands

A Dutch law-governed Novation Contract is a tripartite agreement that facilitates the transfer of rights and obligations from one party to another, effectively creating a new contract while terminating the original agreement. This document, compliant with the Dutch Civil Code (Burgerlijk Wetboek), particularly Articles 6:155-6:159, ensures a clean break from existing contractual relationships while establishing new ones. It includes detailed provisions for the release of the outgoing party, assumption of obligations by the incoming party, and consent of all parties involved, with specific attention to Dutch legal requirements regarding the transfer of obligations and contractual positions.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Novation Contract

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Novation Contract?

The Novation Contract is a crucial legal instrument used in Dutch business practice when one party needs to be replaced in an existing contractual arrangement. This document is particularly relevant in scenarios such as corporate restructuring, business acquisitions, or when a party wishes to transfer its contractual position to another entity. The agreement, governed by Dutch law, must comply with the requirements set out in the Dutch Civil Code (Burgerlijk Wetboek) and requires the consent of all parties involved. It includes essential provisions regarding the timing of the transfer, the scope of obligations being transferred, releases and indemnities, and any conditions precedent. The Novation Contract differs from assignment as it creates a new contractual relationship rather than merely transferring rights, making it particularly useful when a complete substitution of parties is desired.

What sections should be included in a Novation Contract?

1. Parties: Identification of the Existing Creditor, Existing Debtor, and New Party

2. Background: Details of the Original Agreement, reason for novation, and context of the transaction

3. Definitions: Definitions of key terms including 'Original Agreement', 'Effective Date', 'Novated Rights and Obligations'

4. Novation: Core provisions effecting the novation, including timing and scope of the transfer

5. Release and Discharge: Provisions releasing the outgoing party from obligations and specifying any retained liabilities

6. New Party Undertakings: Commitments and warranties from the new party regarding the assumed obligations

7. Representations and Warranties: Standard representations from all parties regarding authority, capacity, and binding nature of obligations

8. Costs and Expenses: Allocation of costs related to the novation process

9. Notices: Communication procedures and contact details for all parties

10. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

11. Execution: Signature blocks for all three parties

What sections are optional to include in a Novation Contract?

1. Conditions Precedent: Used when the novation is conditional upon certain events or actions being completed

2. Continuing Obligations: Include when certain obligations of the original agreement survive the novation

3. Tax Provisions: Required when there are specific tax implications or allocations to be addressed

4. Confidentiality: Include when there's sensitive information involved or when original agreement confidentiality needs to be maintained

5. Assignment: Include when parties want to restrict or permit future transfers of the novated rights

6. Third Party Rights: Include when rights of third parties under the original agreement need to be addressed

7. Partial Novation: Used when only certain rights/obligations are being novated while others remain with original parties

What schedules should be included in a Novation Contract?

1. Original Agreement: Copy or summary of the agreement being novated

2. Novated Rights and Obligations: Detailed list of specific rights and obligations being transferred

3. Timing Schedule: If complex, timeline of transfer of different obligations and completion steps

4. Required Consents: Copies of third-party consents required for the novation

5. Outstanding Amounts: Schedule of any payments or obligations outstanding under the Original Agreement

6. Form of Notice: Template notice to third parties informing them of the novation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses































Relevant Industries

Financial Services

Real Estate

Construction

Manufacturing

Technology

Telecommunications

Energy

Healthcare

Professional Services

Retail

Transportation

Agriculture

Mining

Education

Hospitality

Relevant Teams

Legal

Finance

Commercial

Risk and Compliance

Operations

Corporate Secretariat

Business Development

Procurement

Treasury

Mergers and Acquisitions

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Chief Legal Officer

Commercial Director

Risk Manager

Compliance Officer

Corporate Secretary

Finance Director

Chief Financial Officer

Operations Manager

Project Manager

Procurement Manager

General Counsel

Transaction Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Non Binding Contract

A Dutch law-governed non-binding contract outlining parties' intentions and proposed terms for future cooperation without creating legal obligations.

find out more

Non Binding Agreement

Dutch law Non-Binding Agreement template for formalizing preliminary understandings without creating legal obligations.

find out more

Non Compete Form

A Dutch law-governed agreement that restricts an employee's post-employment competitive activities, subject to Article 7:653 of the Dutch Civil Code.

find out more

Bilateral Contract (Real Estate)

Dutch law-governed bilateral real estate contract for property transactions in the Netherlands, including mandatory notarial requirements and transfer conditions.

find out more

Assignment In (Real Estate)

Dutch law-governed agreement for real estate assignment arrangements, defining property management rights and responsibilities.

find out more

Videography Contract

Dutch law-governed agreement for professional videography services, outlining service terms, deliverables, and rights management.

find out more

Subscription Agreement

Dutch law-governed agreement establishing terms for recurring service provision, including subscription terms, payment obligations, and service levels.

find out more

Production Contract

Dutch law-governed agreement establishing terms and conditions for manufacturing services, including production requirements, quality standards, and compliance obligations.

find out more

Novation Agreement (Real Estate)

A Dutch law novation agreement for transferring rights and obligations in real estate transactions, complying with Dutch Civil Code and Land Registry requirements.

find out more

Labor Contract

A Dutch-law governed employment agreement establishing the terms and conditions of employment between employer and employee in the Netherlands.

find out more

Franchise Agreement

Dutch law-governed agreement establishing a franchise relationship, compliant with the Wet franchise, detailing operational rights, obligations, and commercial terms between franchisor and franchisee.

find out more

Common Agreement

A Dutch law-governed Common Agreement template providing a standardized framework for business relationships in the Netherlands.

find out more

Business To Business Contract

Dutch law-governed B2B contract template for establishing commercial relationships between business entities, compliant with the Burgerlijk Wetboek.

find out more

Barter Agreement

A Dutch law-governed agreement for the direct exchange of goods and/or services between parties without primary monetary consideration.

find out more

Master Contract

A Dutch law-governed framework agreement establishing general terms and conditions for future specific agreements between parties.

find out more

Notarial Contract

A formal legal document authenticated by a Dutch civil law notary, carrying special legal weight under Netherlands law and mandatory for certain transactions.

find out more

Engagement Contract

A Dutch law-governed contract establishing terms and conditions for professional services or consultancy relationships, compliant with Dutch Civil Code and relevant legislation.

find out more

Side Agreement

A supplementary contract under Dutch law that modifies or adds to a main agreement's terms while maintaining separate status.

find out more

Novation Contract

A Dutch law-governed agreement that transfers contractual rights and obligations from one party to another, creating a new contract while terminating the original.

find out more

Formal Agreement

A Dutch law-governed Formal Agreement establishing legally binding obligations between parties, structured according to Dutch Civil Code requirements.

find out more

Amended Contract

A Dutch law-governed document that formally modifies specific terms and conditions of an existing contract while maintaining other original terms.

find out more

Tooling Agreement

Dutch law agreement governing the terms for industrial tooling supply, use, and maintenance between manufacturing parties.

find out more

Representation Agreement

A Dutch law-governed agreement establishing the terms and conditions under which a representative is authorized to act on behalf of a principal.

find out more

Notary Rent Agreement

A formal rental agreement authenticated by a Dutch civil law notary, providing enhanced legal security and compliance with Dutch rental law.

find out more

Model Tenancy Agreement

A standardized residential lease agreement template compliant with Dutch housing law, establishing terms between landlord and tenant.

find out more

Common Terms Agreement

Dutch law-governed framework agreement establishing standard terms and conditions for syndicated lending arrangements and related finance documents.

find out more

Divorce Contract

A Dutch law-governed agreement that sets out the terms and conditions for divorce, including asset division, maintenance, and related arrangements.

find out more

Vending Machine Contract

Dutch law-governed contract template for vending machine installation and operation, covering operational, financial, and compliance requirements.

find out more

Employee Accommodation Agreement

A Dutch law agreement governing employer-provided accommodation to employees, addressing both housing and employment aspects of the arrangement.

find out more

Contra Agreement

A Dutch law-governed agreement establishing reciprocal obligations between business parties, outlining mutual responsibilities and commercial terms.

find out more

Key Agreement For Employees

A Dutch law-governed agreement establishing terms and conditions for employee key access and management of company facilities and secure areas.

find out more

Education Agreement With Employer

Dutch law agreement governing employer-sponsored education, including terms for study support and repayment conditions.

find out more

Bike Sale Agreement

Dutch law-governed agreement for bicycle sales, covering product specifications, warranties, and ownership transfer in compliance with Dutch consumer protection laws.

find out more

Umbrella Agreement

A Dutch law master agreement establishing framework terms for future specific agreements between parties.

find out more

Master Service Agreement

A Dutch law-governed framework agreement establishing core terms for ongoing service relationships between service providers and customers.

find out more

White Label Agreement

A Dutch law contract governing the manufacture/provision of products/services to be rebranded and sold under another party's brand name.

find out more

Volunteer Contract

A Dutch law-governed agreement establishing the relationship between an organization and a volunteer, outlining rights, responsibilities, and reimbursement terms.

find out more

Vendor Contract

Dutch law-governed vendor contract establishing terms and conditions for supplier relationships.

find out more

Vendor Agreement

Dutch law-governed agreement establishing terms and conditions between a company and its vendor for the supply of goods or services.

find out more

Variation Agreement

A Dutch law-governed document that formally modifies specific terms of an existing agreement while maintaining other original terms.

find out more
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it