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You may often deviate from the law in an agreement — but not always. It depends on the type of rule. You may deviate from regulatory (supplementary) law by agreement; you may not deviate from mandatory law. Knowing which rules are mandatory prevents your agreements from proving invalid.
Not all legal rules are the same
Many people think that you may never deviate from the law, but it is not that simple. Dutch law distinguishes between two types of rules: mandatory law and regulatory (supplementary) law. The distinction determines whether you may deviate from them in a contract.
Regulatory law: deviation is permitted
Dispositive law applies only insofar as the parties do not agree otherwise themselves. It 'supplements' what you have not regulated. If you do make an agreement, that takes precedence. Many provisions in contract law are dispositive, precisely to give parties the freedom to tailor their agreements.
Mandatory law: no deviation is possible
Mandatory law protects interests that are not left to the parties, such as the protection of consumers, tenants, and employees. You may not deviate from these rules (or not to the detriment of the protected party). An agreement that does so is void or voidable.
Why this is important
If you agree to something that conflicts with mandatory law, that agreement will not hold up—precisely at the moment you are counting on it. It therefore pays to know what type of rule applies. A well-drafted contract utilizes the scope of regulatory law and respects mandatory law.
Frequently Asked Questions
Am I allowed to deviate from the law in a contract?
Under regulatory (supplementary) law, yes; under mandatory law, no, or not to the detriment of the protected party.
What is mandatory law?
Rules that protect specific parties, such as consumers, tenants, and employees. You may not deviate from these.
What happens if I deviate from mandatory law?
The agreement is void or voidable and does not stand.
A contract that utilizes the space and stands the test of time?
Our legal experts draft contracts and general terms and conditions that utilize regulatory law and respect mandatory law. View our contract lawteam or schedule a free consultation.
