What is fraud (bedrog) in Dutch contract law?

Dutch term: Bedrog | Legal basis: Article 3:44(3) BW

Fraud (bedrog) under article 3:44(3) of the Dutch Civil Code is a ground for annulment of a contract where one party intentionally made false representations, intentionally concealed facts that should have been disclosed, or engaged in other deceptive conduct that induced the other party to enter into the contract.

Fraud requires intentional misleading; negligent misrepresentation does not qualify as bedrog (but may qualify as dwaling/mistake). The annulment must be invoked within three years of discovery. The fraudulent party may also be liable in tort for the damage caused by the fraud, in addition to the annulment consequences.

Why it matters for international businesses

In commercial practice, fraud claims often arise alongside mistake claims and are pleaded in the alternative. The evidentiary threshold for proving intentional fraud is higher than for mistake.