What Does Article 6:163 of the Dutch Civil Code Say?
Article 6:163 of the Dutch Civil Code sets the relativity requirement (relativiteitsvereiste) in Dutch tort law. Even if an act is unlawful, there is no obligation to pay damages if the norm that was breached does not serve to protect against the damage as the injured party suffered it. The test is the purpose and scope of the norm.
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What Is the Text of Article 6:163?
English translation (unofficial, by the Dutch Law Institute):
No obligation to pay damages exists where the norm that has been breached does not serve to protect against the damage as suffered by the injured party.
Dutch text (Burgerlijk Wetboek Book 6, article 163):
Geen verplichting tot schadevergoeding bestaat, wanneer de geschonden norm niet strekt tot bescherming tegen de schade zoals de benadeelde die heeft geleden.
Dutch text as in force from 16 July 2026, taken from wetten.overheid.nl, the official source of Dutch legislation. The English translation is not official; in case of doubt the Dutch text prevails.
What Does Article 6:163 Mean?
Article 6:163 of the Dutch Civil Code limits tort liability under Article 6:162. It is not enough that someone acted unlawfully and that the claimant suffered damage as a result. The rule that was breached must also be meant to protect this person against this kind of damage arising in this way. If it is not, there is no obligation to pay damages, even though the conduct was unlawful.
The requirement is called relativity (relativiteit) because unlawfulness is assessed relative to the injured party: an act can be unlawful towards one person and not towards another.
How Do Courts Apply the Relativity Test?
The Supreme Court held in 2004 that the answer depends on the purpose and scope of the norm that was breached. The court examines three questions:
- Which persons the norm was intended to protect.
- Which kinds of damage the protection covers.
- Which ways in which damage arises fall within that protection.
In that case, the Duwbak Linda judgment, an inspection body had carried out an inspection of a barge for a certificate. The norm requiring a careful inspection was held not to protect the later owner against financial loss when the barge turned out to be defective: the certificate did not guarantee the soundness of the vessel.
Why Does Relativity Matter Most for Breaches of Statutory Duties?
Relativity often decides claims based on a breach of a statutory duty, one of the categories of unlawfulness in Article 6:162(2). Many statutory rules protect the public interest, or a particular group, rather than every person who might suffer loss. A claimant who relies on the breach of such a rule must show that the rule was also meant to protect people in the claimant's position against the type of damage claimed.
For infringements of rights and breaches of unwritten social standards, relativity plays a role as well, but it usually coincides with the question of whether the conduct was unlawful towards the claimant at all.
How Does Article 6:163 Relate to Causation?
Relativity and causation are separate requirements. Causation under Article 6:162(1) and Article 6:98 asks whether the damage is a consequence of the act and can be attributed to the liable party. Relativity asks whether the norm that was breached protects against that damage. A claim can fail on either ground. In practice, courts sometimes consider the purpose of the norm again when they decide how far damage can be attributed under Article 6:98.
Which Court Decisions Apply Article 6:163?
| Authority | Rule |
|---|---|
| Supreme Court of the Netherlands, 2004-05-07, ECLI:NL:HR:2004:AO6012 (Duwbak Linda) | Whether a breached norm protects against the damage as suffered depends on its purpose and scope, which determine to which persons, to which damage and to which ways in which damage arises the intended protection extends. |
Related Provisions and Guides
Related articles in this library:
- Article 6:162 of the Dutch Civil Code: Tort (unlawful act)
- Article 6:98 of the Dutch Civil Code: Causation and the scope of liability
Further reading on dutch-law.com:
All articles: the Dutch Civil Code in English.