7.3.3 Mandatory nature

The appraisal right contained in Art. 7:835 DCC constitutes a mandatory provision and, therefore, cannot be contractually excluded.1 As stated in the legislative history of Art. 7:835 DCC, the very nature of this provision opposes exclusion thereof by way of agreement.2 According to the Minister of Justice, the mandatory character of the appraisal right is so evident that no express statutory provision is needed to clarify this.

It has to be remarked that the legislative proposal first included the rule that all provisions of Title 7.13 DCC are mandatory, unless otherwise provided. Later on, the legislative proposal was changed to the effect that all provisions of Title 7.13 DCC have merely a default character, unless the mandatory character can be derived from statute expressly or implicitly.3 The aforementioned remarks of the Minister with respect to the mandatory character of the conversion rules date from after this shift of character, so they are still of relevance.