Law of New Netherland

The law of New Netherland is primarily based on statutory law and legal codes, though it is influenced by caselaw to varying degrees. The most important codified document is the 1903 Constitution and its amendments, which outline the constitutional and administrative law of the republic. The civil code Codex novus belgicus civilis, the Köpmanswetbück of 1762, and the Penal Laws of 1915 are the main codifications of private, commercial, and criminal law, respectively. These four documents are collectively known as the Vîr Regtsbücks ('Four Codes') and are recognized as the foundational documents of New Netherlandic jurisprudence.

Generally, the law of New Netherland is essentially built upon the civil law system of Roman-Dutch law, though it has derived a number of innovations from French civil law and English common law. Certain provinces are heavily influenced by foreign legal systems, most notably New Anglia, which is greatly affected by the legal traditions of neighboring New England. All legal matters are conducted in Amerikaens, though the Latin,Dutch, and French languages have a significant presence in pre-20th century legal material.

The sole legislative body in the New Netherland is the States-General, based in New Amsterdam. Provinces elect legislators to the First Chamber, and thus no significant decision-making power is devolved to provincial administrations.

Sources of law

The current hierarchy of sources of law in New Netherland were established in 1953.

1. The Four Codes (1903 Constitution, Codex novus belgicus civilis, Köpmanswetbück, Penal Laws of 1915)
2. Statutory law
3. Legal treatises
4. ANAN law
5. Judicial opinions
6. Customary law

Precedent

The doctrine of jurisprudence constante is implemented in courts, with judges seriously considering precedents, especially decisions of the Högraed (lit. 'High Council', analogous to a Supreme Court), which are considered by many to be de facto binding. Despite this, stare decisis has minimal to no recognition in New Netherland; they are instead de jure considered to be limited to a persuasive role.

Private law

Main articles: Codex novus belgicus civilis and Köpmanswetbück

New Netherlandic private law is based on two legal codes; the Köpmanswetbück for commercial law, and the Codex novus belgicus civilis for all other forms of private-civil law. The Codex is divided into five books:

• Book First (Îrstbück) — Law of Persons
• Book Second (Twîtbück) — Real Rights
• Book Third (Drîtbück) — Law of Obligations
• Book Fourth (Vîrtbück) — Law of Succession
• Book Fifth (Vÿftbück) — Law of Civil Procedure

Civil wrongs

Part of Book Third, civil wrongs are called delicts (also known as misdrÿfs). They are considered the equivalent of the law of torts in common law. The law of delicts in New Netherland is heavily influenced by Scots law. They are defined as the intentional or negligently inflicted breaches of the duty of care, of contract, or of trust between private parties.

There are three possible remedies for a delict:

• Actio legis Aquiliae (Aquilian action) — patrimonial loss.
  • The elements of liability include i.) economic damage, ii.) conduct in the form of a positive act or omission, iii.) objectively unreasonable, wrongful conduct, iv.) blameworthiness (intention or negligence), and v.) proof of causation.
  • An example of an infringement actionable under Aquilian action is psychiatric injury.
• Actio injuriarum (Unjust action) — infringement of personality rights.
  • The elements of liability include i.) a harmful violation, ii.) wrongful conduct, and iii.) intention.
  • Several types of infringements exist; of corpus (body, including assault, sexual harassment, etc.), of dignitas (insulting behavior, adultery, alienation of affection, gender discrimination, humiliation through breach of promise, etc.), or of fama (defamation).
• Acsie van smartgeld (Action of pain and suffering) — action for solatium.
  • The elements of liability are almost identical to that of Aquilian action, except for i.) harm or loss (physical pain, mental distress, shock, loss of life expectancy, loss of life amenities, inconvenience and discomfort, disability or disfigurement).
  • The compensation does not serve a punitive purpose, rather it is intended to provide solace to the plaintiff insofar possible.

Succession and inheritance

Intestate succession is entirely defined by the VOC's Octrooi exception of 10 January 1661 and the Political Ordinance of 1580.