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Dutch Civil Code Book 6 The law of obligations Expand All | Collapse All

Title 6.1 Obligations*) in general

Book 6 Dutch Civil Code The law of obligations

*) An 'obligation' is a specific legal relationship between in principle two persons, the creditor on the one hand and the debtor on the other, that is created either by agreement (contract) or by operation of law, in the latter case as soon as an event occurs which makes it desirable to standards of social opinion, as captured in law, that one person obtains a right to a performance which has to be carried out by another person (tortious act, benevolent intervention in another's affairs, undue performance, unjustified enrichement). Irrespective of the source from which the obligation arises (contract, tort, undue performance etc), its content is legally always shaped in the same form. The debtor has to perform something to or on behalf of the creditor. This part of the obligation is called a 'debt' of the debtor. The creditor is within the obligation (i.e. within this particular legal relationship with his debtor) entitled to that performance and he may, if necessary, ask the court and the police for assistance in order to get that performance from his debtor or to obtain at least a similar compensation in money. That part of the obligation is called a 'debt-claim', which belongs - as an intangible asset - to the creditor, where it forms a part of his property, just like, for instance, his right of ownership in a house. Depending on the content of the obligation, now in regard to what must actually be done by the debtor to satisfy his debt, any performance, and not just the payment of money, can be the object of the creditor's debt-claim. So, the right in personam against a debtor to claim the transfer of a house or to demand the performance of a certain service, is named a 'debt-claim', just as the right to claim the payment of a specific amount of money is. The word 'debt' is placed before the word 'claim' to distinguish a debt-claim from other types of claims, like the claim of spouses towards each other to actually live together and to be faithful to each other or a legal claim (right of action) that can be brought to court. The law of obligations specifies what the debtor and creditor may expect from each other within their specific legal relatoinship (obligation) and what they are able to do when the other one does not comply with these expectations.

Title 6.1 Obligations in general (Articles 1-141)

Title 6.2 Passage of debtclaims and debts and waiver of debt-claims (Articles 142-161)

Title 6.3 Tort (unlawful acts) (Articles 162-197)

Title 6.4 Obligations from another legal source than tort or contract (Articles 198-212)

Title 6.5 Agreements in general (Articles 213-279)





Section 6.1.1 General provisions Article 6:1 The arising of obligations Obligations can only come to existence (arise) if this results from law.



Article 6:2 Reasonableness and fairness within the relationship between the creditor and debtor - 1. The creditor and debtor must behave themselves towards each other in accordance with the standards of reasonableness and fairness. - 2. A rule in force between a creditor and his debtor by virtue of law, common practice or a juridical act does not apply as far as this would be unacceptable, in the circumstances, by standards of reasonableness and fairness.

Article 6:3 Natural obligation - 1. A natural obligation is a legally not enforceable obligation. - 2. A natural obligation exists: a. when the law or a juridical act denies its enforceability; b. when someone has a pressing moral duty of such nature towards another person that compliance with it, although legally not enforceable, has to be regarded by social standards (common opinion) as the fulfilment of a performance to which this other person is entitled.

Article 6:4 Applicability of the law of obligations The rules of law for obligations apply accordingly to natural obligations, unless the law or the necessary implication of a statutory provision bring along that a provision cannot be applied to a non-enforceable obligation.

Article 6:5 Conversion of a natural obligation into an enforceable obligation - 1. A natural obligation is converted into an enforceable obligation by means of an agreement for this purpose between the debtor and the creditor. - 2. An offer of the debtor, addressed to the creditor, to enter into such an agreement gratuitously, is considered to be accepted when the offer has come to the knowledge of the creditor and he has not rejected it without delay. - 3. The statutory provisions for donations and gifts do not apply to an agreement as meant in the present Article.

Section 6.1.2 Plurality of debtors and joint and several liability Article 6:6 Separate liability or joint and several liability - 1. If a performance is indebted by two or more debtors jointly, then each of them is liable for an equal part, unless from law, common practice or a juridical act results that they are liable for unequal parts or that they are joint and several liable. - 2. If the performance is undividable or if from law, common practice or a juridical act results that the debtors each are liable for the whole debt, then they are joint and several liable [it then is a so called ‘joint debt’ or 'joint obligation' of ‘solidary debtors’]. - 3. From an agreement between the debtor and creditor may result that, when the obligation passes (moves) to two or more legal successors of the debtor, these successors are liable for unequal parts or that they are joint and several liable.

Article 6:7 Liability of solidary debtors - 1. If two or more debtors are joint and several liable for an obligation [it then is called a ‘joint debt’ or ‘joint obligation’ of ‘solidary debtors’], then the creditor is towards each of them entitled to demand full performance of the entire obligation. - 2. A settlement of the joint obligation by one of the solidary debtors discharges also the other solidary debtors against the creditor. The same applies when the joint obligation is performed by means of a setoff or the acceptance of a new debt by one of the solidary debtors under an agreement with the creditor, as well as when the court, upon a request of one of the solidary debtors, applies Article 6:60, unless the court has ruled differently in that case.

Article 6:8 Reasonableness and fairness within the internal relationship between the solidary debtors Article 6:2 applies accordingly to the legal relationship between the solidary debtors internally (mutually).

Article 6:9 Waiver of the debt-claim by the creditor and granting an extension of payment - 1. Every solidary debtor may accept on behalf of the other solidary debtors an offer of the creditor to waiver his debt-claim gratuitously, insofar this offer also concerns the liability of the other solidary debtors. - 2. An extension (deferment) of payment, granted by the creditor to one of the solidary debtors, applies as well on behalf of the other solidary debtors, as far as this appears to be the intention of the creditor.

Article 6:10 Internal contribution in the performed joint obligation - 1. Every solidary debtor must, for the part of the joint obligation for which he is accountable in his internal relationship with the other solidary debtors, contribute in the performed joint obligation and in the costs made to perform it in accordance with the following paragraphs. - 2. To the extent that a solidary debtor has performed more to the creditor of the joint obligation than the part for which he is accountable in his internal relationship with the other solidary debtors, he may claim from the other solidary debtors the payment of their internal contribution; each of the other solidary debtors shall have to perform to him the part of the performed joint obligation for which they are accountable in their internal relationship with each other. - 3. Every solidary debtor must, in accordance with the part for which he is accountable in his internal relationship with the other solidary debtors, contribute in the costs, made in reason by one of the solidary debtors, unless these costs only concern that debtor personally.

Article 6:11 Means of defence. - 1. A solidary debtor who is asked by one of the other solidary debtors to pay his internal contribution as defined in the previous Article, may invoke against that other debtor all means of defence which he could have put forward against the creditor at the moment that his internal debt to contribute in the joint obligation or the costs came to existence. - 2. Nevertheless, he cannot invoke such a defence against the other solidary debtor if this defence results from a juridical act between him and the creditor performed at a moment on which the joint obligation of the solidary debtors to that creditor already had come to existence. - 3. An appeal to the fact that the creditor’s right of action has become prescribed, may only be invoked by a solidary debtor who has been asked by another solidary debtor to pay his internal contribution when, at the moment on which his internal debt to contribute came to existence, both, he and the debtor who asked him to pay his contribution, could have invoked that prescription against the creditor. - 4. The previous paragraphs apply only as far as the internal relationship between the solidary debtors does not imply differently.

Article 6:12 Subrogation - 1. When the joint obligation is performed by one of the solidary debtors for more than the part for which he is accountable in his internal relationship with the other solidary debtors, then the rights of the creditor against the other solidary debtors and against third parties pass (move) to the performing debtor by virtue of subrogation as far as he has performed more than his part of the joint obligation, each time only up to the part that concerns the other solidary debtor or the third party in his internal relationship to the performing debtor. - 2. If the joint obligation to the creditor included another performance than the payment of money, then the debt-claim against the other solidary debtors or third parties, acquired by the performing debtor from the creditor by subrogation, will be converted into a money debt-claim of equal value.

Article 6:13 Insolvency of a solidary debtor - 1. If the recovery of the internal contribution (Article 6:10) or of the subrogated debt-claim (Article 6:12) from one of the solidary debtors proves to be entirely or partially impossible, then the irrecoverable part will be imputed to all other solidary debtors in proportion to the part of the joint obligation for which each of them is accountable in his internal relationship with the other solidary debtors. - 2. When a solidary debtor has performed the joint obligation partially or entirely, although he was not accountable for it at all in his internal relationship with the other solidary debtors, and it proves that he cannot recover his performance from the solidary debtors who are internally accountable for that debt, then the irrevocable part is imputed to all solidary debtors who neither are not accountable for the joint obligation in their internal relationship with the other solidary debtors, and this in proportion to the amount for which each of them was liable towards the creditor at the time of performance of the joint debt. - 3. Every person who is involved in an imputation as meant in paragraph 1 or 2 of the present Article, remains entitled to recover his added contribution from the persons who were unable to pay their internal contribution.

Article 6:14 Effect within the internal relationship between the solidary debtors of a waiver of rights by the creditor A waiver of rights by the creditor on behalf of one of the solidary debtors does not release this debtor towards the other solidary debtors from his internal debt to contribute in the joint obligation and costs. The creditor may, however, release a solidary debtor towards another solidary debtor from this internal obligation by committing himself towards this other solidary debtor to reduce his debt-claim against him with the amount that this other solidary debtor could have demanded as an internal contribution from the debtor on whose behalf the creditor has waived his rights.

Section 6.1.3 Plurality of creditors Article 6:15 Separate debt-claims or one joint debt-claim - 1. When a performance is indebted to two or more creditors, then each of them has, for an equal share, his own debt-claim against the debtor, unless from law, common practice or a juridical act results that the performance is due to them for unequal shares or that they jointly have one debt-claim against the debtor. - 2. If the performance is undividable or if the debt-claim on that performance falls into a community of property, then the involved creditors will jointly have one debt-claim. - 3. It is not possible to invoke against the debtor that the debt-claim falls into a community of property when that debt-claim results from an agreement between the debtor and the creditors and the debtor did not know nor needed to know that this debt-claim would become a part of a community of property between those creditors.

Article 6:16 Applicability of the statutory provisions for a community of property When it is agreed with the debtor that two or more persons are entitled to demand, as creditor, the entire performance from him, in the sense that a performance to one of these creditors also releases the debtor from his obligation towards the other, although this performance does not belong to those creditors jointly in their mutual relationship, then the statutory provisions for a community of property will apply accordingly to the relation of the creditors with their debtor.

Section 6.1.4 Alternative obligations Article 6:17 Alternative debt-claims and the right to choose - 1. An obligation is alternative, when the debtor is obliged to fulfil one of two or more different performances and the debtor himself, the creditor or a third party has the option to choose one of these performances as the one to be performed. - 2. The right of choice belongs to the debtor, unless something else results from law, common practice or a juridical act.

Article 6:18 The effect of a choice made As soon as the competent person has made his choice, the alternative obligation becomes a normal obligation which obliges the debtor to perform the chosen performance.

Article 6:19 Passage of the right to choose - 1. When the right to choose belongs to one of the parties to the alternative obligation, this right will pass (move) to the other party when he has set a reasonable fixed period in which the choice for one of the alternative performances has to be made by the competent party and this choice is not made within that period. - 2. The right to choose, however, does not pass (move) to the creditor before he has the right to demand performance, nor to the debtor before he has the right to perform. - 3. If the alternative debt-claim is burdened with a pledge or seized and an already started foreclosure (sale under execution) cannot be continued because no choice has been made, then the pledgee or seizer may set a reasonable fixed period to both parties, the debtor and the creditor of the alternative obligation, to make a choice in conformity with their mutual legal relationship. When the choice is still not made within this period by the competent party, then the right to choose passes (moves) to the pledgee or seizer. In such an event the pledgee or seizer is not allowed to use his right to choose needlessly.

Article 6:20 Impossibility to perform one of the alternative performances - 1. The impossibility to perform one or more of the alternative performances does not harm the right to choose. - 2. However, if the right to choose belongs to the debtor, then he is not allowed to choose for an impossible performance, unless the impossibility to perform a certain alternative performance is the result of a cause that is attributable to the creditor or unless the creditor agrees with such a choice of the debtor.

Section 6.1.5 Conditional obligations Article 6:21 Definition of a 'conditional obligation' An obligation is conditional when, as a result of a juridical act, its effect depends on the fulfilment of an uncertain future event.

Article 6:22 Functioning of a condition precedent or subsequent A condition precedent makes that the obligation only takes effect when the uncertain future event sets in. A condition subsequent makes that the obligation comes to an end, and thus looses its effect, when the uncertain future event sets in.

Article 6:23 Deliberate interference with the uncertain future event - 1. When a party, for whom it is important that a condition will not be fulfilled, has prevented the fulfilment of that condition, then this condition is considered to be fulfilled if required so by reasonableness and fairness. - 2. When a party, for whom it is important that a condition will be fulfilled, has brought about its fulfilment, then this condition is considered to be unfulfilled if required so by reasonableness and fairness.

Article 6:24 Undoing of a performance after the fulfilment of a condition subsequent - 1. After the fulfilment of a condition subsequent, the creditor must undo the performances which he already had received on the basis of the conditional obligation, unless something else results from the content or the necessary implications of the juridical act through which the obligation has been made conditional. - 2. Where the obligation of the creditor to undo the already received performance necessarily implies the return of an asset, then the natural and civil fruits (benefits) that have become separated or due and demandable after the fulfilment of the condition, will belong to the debtor of the conditional obligation; in that event Articles 3:120 up to and including 3:124 of the Civil Code shall apply accordingly with regard to what is stipulated in these provisions about a compensation for costs and damage, as far as those costs and that damage have arisen after the fulfilment of the condition subsequent.

Article 6:25 Performance made before the fulfilment of a condition precedent Where an obligation under a condition precedent has been performed even before the fulfilment of that condition, the debtor may demand, as long as this condition is not fulfilled, that this performance is made undone in accordance with Section 6.4.2 of the Civil Code.

Article 6:26 Applicability of the statutory provisions for unconditional (normal) obligations to conditional obligations The statutory provisions for unconditional (normal) obligations apply to a conditional obligation to the extent that the conditional character of that obligation does not imply differently.

Section 6.1.6 Performance of an obligation Article 6:27 General duty of care A person who has to deliver (supply) an individually specified thing is obliged, up until its delivery, to look after it in the way as a prudent debtor would in the given circumstances.

Article 6:28 Delivery of fungible goods If the indebted thing is only determined to its type, while there are different qualities of that type available, then the thing that is to be delivered by the debtor may not be less than of average quality.

Article 6:29 No performance in parts or instalments Without approval of the creditor, the debtor is not allowed to perform the indebted performance in separate parts or instalments.

Article 6:30 Performance performed by a third party - 1. The performance which the debtor has to perform in order to comply with his obligation may be performed by another person than the debtor himself, unless the content or necessary implications of the obligation imply differently. - 2. The creditor does not default (is not in creditor's default) if he refuses, with the approval of the debtor, a performance of a third party.

Article 6:31 Performance to a creditor who misses the (full) legal capacity to perform juridical acts A performance to a creditor who misses the (full) legal capacity to perform juridical acts, releases the debtor only from his obligation as far as his performance really has been beneficial to the creditor or it has come under control of this creditor’s legal representative.

Article 6:32 Performance to another person than the one who is authorized to receive it A performance to another person than the creditor or to another person than someone who's authorised to receive it besides or instead of the creditor, releases the debtor from his obligation insofar the one to whom he had to perform has ratified the performance as valid (confirmed its validity) or as far as he has been availed (benefited) by it.

Article 6:33 Creditor without authorisation to receive the performance A performance that has been performed to the creditor in spite of a seizure or during a period in which the creditor was not authorized to receive the performance himself because of a limited property right, a (fiduciary) administration of property of a legal representative or a similar hindrance, so that the debtor has to perform again to the recipient who is authorised to receive it, can be recovered from the creditor.

Article 6:34 Performing in good faith - 1. The debtor who has performed to someone who was legally not authorized to receive the performance, may invoke against the person to whom the performance had to be carried out that he is released from his obligation if he reasonably cloud have assumed that the recipient of the performance was entitled to it in the capacity as creditor or that the performance had to be performed to that recipient on other grounds. - 2. If an authorized recipient of a performance loses his right to demand performance of an obligation, in the sense that this right after sometime has passed (moved) to another person with retroactive effect, then the debtor, who at that time already had performed to the recipient, may invoke against this other person that he is released from his obligation, unless he reasonably could have expected that the recipient would lose his right to receive the performance, so that this knowledge should have prevented him from performing the obligation to the recipient.

Article 6:35 Performance by a third party to a third party - 1. When, in a situation that the obligation has been performed by a third party, the conditions of one of the paragraphs of the previous Article are met, then this third party may, on his behalf, invoke the discharging effect of that performance. - 2. The debtor may, on his own behalf, invoke the discharging effect of this performance, provided that, if he would have performed himself, those conditions would have been met as well with regard to himself

Article 6:36 Right of recovery In the situations, meant in the two previous Articles, the person who in reality was entitled to the performance, may recover his debtclaim from the person who has received the performance without entitlement.

Article 6:37 Right to withhold performance The debtor has the right to withhold the performance of his obligation if he has reasonable grounds to doubt to whom that obligation must be performed.

Article 6:38 Immediate performance If no time of performance has been stipulated, the debtor may immediately perform the indebted performance and the creditor may immediately demand performance.

Article 6:39 Time stipulations (expiry date) - 1. When a time of performance has been stipulated, it is assumed that this only means that the creditor cannot demand performance prior the stipulated expiry day (due date). - 2. A performance which is performed before the expiry day (due date), is not considered to be an undue performance.

Article 6:40 Expiry of a time stipulation (effective date or expiry date) The debtor may no longer invoke a time stipulation (effective date or expiry day): a. when he is bankrupt or when he falls under the Debt Repayment Scheme for natural persons; b. when he is in default of providing the promised security; c. when the provided security for the debt-claim of the creditor has been reduced because of an event that is attributable to the debtor, unless the remaining security is still sufficient to guarantee full performance of the obligation.

Article 6:41 Place of performance If no place of performance has been stipulated, the delivery of an indebted thing must emerge: a. in case of an individually specified thing: at the place where it was at the moment that the obligation came to existence; b. in case of a fungible thing: at the place where the debtor practises his profession or has his company or, if such a place does not exist, at the place where he has his domicile (residence).

Article 6:42 Delivery by a person without power of disposition A person who, in the performance of an obligation, has delivered (supplied) a thing with regard to which he had no power of disposition, may demand from the creditor that this thing is returned to the one to whom it belongs, provided that he, at the same time, offers another thing to the creditor which is in conformity with the obligation and provided that the interests of the creditor are not harmed by the return of the initially delivered (supplied) thing.

Article 6:43 Imputation of a performance to two or more obligations - 1. When the debtor has made a performance that could be imputed to two or more obligations that are indebted to the same creditor, then it is imputed to the obligation that the debtor has pointed out when he made the performance. - 2. In the absence of such an indication, the performance is imputed to all due and demandable obligations that cover this type of performance. When there are two or more of such due and demandable obligations, then the performance is imputed firstly to the most burdensome obligation and, when there are two or more equally burdensome obligations, to the oldest obligation. Where these obligations are equally old, the performance is imputed proportionality.

Article 6:44 Imputation of a performance in money to two or more obligations - 1. A performance in money (payment) that could be imputed to a specific obligation, diminishes firstly the involving costs, subsequently the accrued interests and finally the principle sum and running interests. - 2. The creditor may, without causing a default as referred to in Section 6.1.8 of the Civil Code, refuse a payment offer if the debtor points out another order for the imputation of his payment than the one mentioned in the previous paragraph. - 3. The creditor may refuse the payment of the full principal sum if the accrued and running interests and the involving costs are not paid at the same time.

Article 6:45 Swap over of indebted performances A debtor is only able with authorisation of the creditor to discharge himself of his obligation by fulfilling another performance than the indebted one, even if that other performance has an equal or even higher value.

Article 6:46 Payment by cheque or a documentary collection - 1. When the creditor accepts a cheque, mail cheque, transfer order or another paper as payment, it is assumed that this done with the reserve of good result. - 2. When the creditor is entitled to withhold performance of his own obligation until the debtor has made a payment as meant in paragraph 1, he preserves his right to withhold his performance until the good result of that payment is ascertained or could have been ascertained by him.

Article 6:47 Costs of performance - 1. The costs of performance are chargeable to the one who complies with the obligation. - 2. The costs of a written receipt (note of remittance) are chargeable to the one for and to whom this written proof of performance is presented.

Article 6:48 Written receipt (note of remittance) - 1. The creditor is compelled to hand over a written receipt (note of remittance) for every received performance, unless agreement, common practice or fairness imply differently. - 2. If the creditor holds a certificate of proof which is handed over to him on account of the debtor’s obligation, then the debtor may, when performing his debt, also demand the return of this piece of evidence, unless the creditor still has a reasonable interest in keeping it; in that last situation the creditor must make a note on it that proves that the debtor is discharged from his obligation. - 3. The debtor may withhold performance as long as the creditor does not comply with the provisions of paragraph 1.

Article 6:49 Written proof of discharge regarding a debt-claim to order or bearer - 1. Where a debt-claim to order or to bearer is performed, the debtor may demand that a discharge (note of remittance) is put on the appropriate document (negotiable paper) and that this document (negotiable paper) is handed over to him. - 2. If the performance does not concern the entire debt-claim or if the creditor also needs the document (negotiable paper) in order to exercise other rights, then he may keep this document (negotiable paper), provided that he puts a discharge (note of remittance) on the document (negotiable paper) itself and, in addition, that he hands over a written proof of discharge (note of remittance) to the debtor separately. - 3. The creditor may, however, irrespective whether he has received the performance in full or in part, suffice with the handing over a written discharge (note of remittance), provided that, upon request of his counterparty, he shows that the document (negotiable paper) has been destroyed or has become useless or provided that he, upon request of his counterparty, puts forward enough security for a period of twenty years or for such a shorter period as his counterparty may reasonably be exposed to a claim on account of the document (negotiable paper). - 4. The debtor may withhold performance as long as the creditor does not comply with the provisions of the previous paragraphs.

Article 6:50 Presumption of performance - 1. When similar performances have to be accomplished at consecutive times, the written receipts (notes of remittance) for two consecutive performances produce the legal presumption that also the earlier performances have been fulfilled. - 2. If the creditor issues a written receipt (note of remittance) for the principal sum, then the law presumes that also the involving interests and costs have been settled.

Article 6:51 Security - 1. When the law implies that someone has to provide security or that the provision of security is a necessary condition for a specific legal effect to set in, then the person who provides security to this end, has the choice between personal security and real security. - 2. The offered security must be of such a kind (nature and volume) that the debt-claim, and if need be, the costs and interests are covered sufficiently and that the creditor is able to recover his debt-claim from it effortlessly. - 3. When the provided security has become insufficient because of an event that is not attributable to the creditor, the debtor is obliged to make it sufficient again.

Section 6.1.7 Right to withhold performance Article 6:52 General right to withhold performance - 1. A debtor who himself has a due and demandable debt-claim against his creditor, has the right to withhold performance of his obligation to that creditor until his debt-claim is satisfied, provided that his debt-claim and his obligation are related to each other in such a way that it is justified to withhold performance. - 2. Such a relation between the debt-claim and the obligation exists, among others, when the debt-claim and obligation both result from the same legal relationship or from regular business activities between parties.

Article 6:53 Right to withhold performance in relation to the creditors of the counterparty The right to withhold performance may be invoked also against the creditors of the counterparty.

Article 6:54 No right to withhold performance The debtor, however, has no right to withhold performance: a. as far as he is in default as referred to in Section 6.1.8 of the Civil Code with regard to the reception (acceptance) of the performance that is offered to him by the counterparty; b. as far as it has become permanently impossible for the counterparty to comply with his obligation; c. as far as the law does not allow a seizure (foreclosure) of the debt-claim of the counterparty.

Article 6:55 Right to withhold performance ceases to exist when sufficient security is provided The right of the debtor to withhold performance ceases to exist as soon as sufficient security has been provided by the creditor or a third party from which the obligation, indebted by the creditor, might be recovered, unless the performance of the creditor's obligation would be delayed unreasonably as a result.

Article 6:56 Right to withhold performance after prescription of the debtor’s right of action The right to withhold performance remains in force even after the right of action against the counterparty has become prescribed.

Article 6:57 Right of retention If the right to withhold performance meets the requirements for a right of retention as referred to in Article 3:290 of the Civil Code, then the provisions of the present Section shall remain applicable to the extent that the provisions of Section 3.10.4 of the Civil Code do not derogate from the provisions of the present Section.

Section 6.1.8 Creditor's default Article 6:58 Creditor himself prevents the performance of the debtor’s obligation The creditor defaults (gets in default himself) when the debtor is unable to perform the obligation because the creditor does not grant the necessary assistance for this purpose or because of another obstacle on the side of the creditor, unless the cause of the debtor’s inability to perform cannot be attributed to the creditor.

Article 6:59 Debtor rightfully withholds performance The creditor defaults (gets in default himself) as well when he does not comply with his own obligation towards the debtor because of circumstances which are attributable to him (the creditor), whereupon the debtor withholds performance towards the creditor in accordance with the law.

Article 6:60 Discharge of the debtor from the obligation by the court When the creditor is in default, the court may, upon the request of the debtor, discharge the debtor from his obligation, where appropriate, under supplementary conditions to be set by court.

Article 6:61 Relation between a creditor's default and a default of the debtor - 1. A creditor’s default puts an end to a debtor’s default. - 2. As long as the creditor is in default, the debtor cannot become defaulted himself [cannot get in default himself].

Article 6:62 No enforcement measures during the time that the creditor is in default himself During the time that the creditor is in default, he is not allowed to take enforcement measures.

Article 6:63 Compensation for costs The debtor is, within the limits of reason, entitled to a compensation for costs related to an offer or to a safekeeping as meant in Articles 6:66 up to and including 6:70 and for costs which in another way result from the creditor's default.

Article 6:64 Limited liability of the debtor for damage that occurred during the period that the creditor is in default If an event occurs during the time that the creditor is in default, which event makes it entirely or partially impossible for the debtor to perform the indebted performance in future, then this non-performance is not attributable to him [the debtor], unless he or his subordinates have blamefully failed to take care for the performance in a way as could be expected of a debtor in the given circumstances.

Article 6:65 Selected fungible goods that become damaged during the period that the creditor is in default When the debtor has the obligation to deliver (supply) one or more fungible goods and he has notified the creditor that he [the debtor] has pointed out (selected) one or more specific fungible goods as the ones to be delivered (supplied) to the creditor, then he will only be obliged, in the event of a creditor’s default, to deliver the specific fungible goods that were pointed out (selected) by him for this purpose. The debtor remains, however, entitled to deliver (supply) other fungible goods of this type.

Article 6:66 Right to place the money or thing during a creditor’s default in the safekeeping of a custodian If the obligation necessarily implicates the payment of money or the delivery (supply) of a thing, then the debtor has the right, as long as the creditor is in default, to place the money or the thing on behalf of the creditor in the safekeeping of a custodian.

Article 6:67 Safekeeping procedure A deposit for the safekeeping of money occurs by consignment in accordance with the law; a deposit for the safekeeping of a to be delivered (supplied) thing occurs by handing over that thing in safe custody to someone whose profession it is to preserve such kinds of things and who is located at the place where the indebted thing must be delivered (supplied) to the creditor. The provisions for a judicial bailment apply to such a safekeeping as far as Articles 6:68 up to and including 6:71 do not imply differently.

Article 6:68 No interest accruing on money that has been deposited for safekeeping Money that has been deposited for safekeeping in accordance with the previous Article, does not generate any interest at the expense of the debtor.

Article 6:69 Purgation of creditor’s default - 1. During the deposit for safekeeping the creditor can only purge his default by accepting the money or the thing that is placed in the safekeeping of the custodian. - 2. As long as the creditor has not accepted the money or the thing that is placed in the safekeeping of a custodian, the person who has made the deposit is entitled to claim it back from the custodian.

Article 6:70 Compensation for costs of safekeeping The custodian is only allowed to give the kept thing to the creditor if the creditor compensates him for all the costs of safekeeping. After the kept thing has been handed over to the creditor, the custodian has to pay out to the person who has placed the thing in his custody (depositor) what this person already has paid to him for safekeeping the object. When the kept thing, because of a direct payment of the creditor to the depositor, is handed over by the custodian to the creditor even before the creditor has paid all the costs of safekeeping to the custodian, then the debt-claim of the depositor against the creditor to demand compensation for all these costs passes (moves) from the depositor to the custodian.

Article 6:71 Prescription of legal actions The creditor’s right of action against the debtor cannot prescribe later than his right of action to demand the handing over of the money or the thing that is in the safekeeping of the custodian.

Article 6:72 Effects of a creditor's default for debtors who are joint and several liable Where two or more debtors are joint and several liable towards a creditor and this creditor defaults (is in default), then the legal effects of that creditor's default apply to (for) each of these debtors individually.

Article 6:73 Creditor refuses an offer of a third party to perform the obligation If the creditor refuses an offer of a third party to perform the obligation of the debtor, then Articles 6:60, 6:62, 6:63 and 6:66 up to and including 6:70 apply accordingly to that third party, provided that his offer is in conformity with the debtor’s obligation and he has a justified interest in performing it himself.

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Dutch Civil Law

Dutch Civil Code Book 6 The law of obligations Expand All | Collapse All Title 6.1 Obligations*) in general Book 6 Dutch Civil Code The law of ob...

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