The Dutch law of obligations governs when one party owes something to another and what happens when that duty is not met. It is set out mainly in Book 6 of the Dutch Civil Code and covers two main sources of obligations: agreements between parties and obligations that arise by operation of law, such as tort. Our Dutch lawyers advise businesses on claims for performance, damages, interest and the termination of contracts.
Whether you face a breach of contract, a claim in tort, or a dispute over an unpaid debt, the route and the remedies follow from the Civil Code and the contract. We set out your position and the costs before you act.
What is the Dutch law of obligations?
The law of obligations (in Dutch: “verbintenissenrecht”) is the part of Dutch private law that deals with legal duties between parties. It is codified in Book 6 of the Dutch Civil Code and recognises two principal sources: contract, and obligations arising by law such as tort and unjust enrichment.
Most commercial disputes come down to one question: does a valid obligation exist, and has it been performed? The answer decides which remedies are available.
When is there a breach of contract under Dutch law?
There is a breach (in Dutch: “tekortkoming”) when a party does not perform an obligation that is due. Under Article 6:74 of the Dutch Civil Code the other party can claim damages, but usually only once the debtor is in default (Article 6:81) after a written notice with a reasonable deadline.
Whether default is required, and how damages are calculated, depends on the contract and the type of obligation. See our page on breach of contract and on failure to fulfil obligations.
What is tort (onrechtmatige daad) under Dutch law?
A tort (in Dutch: “onrechtmatige daad”) is an unlawful act that can be attributed to a person and causes damage to another. Article 6:162 of the Dutch Civil Code obliges the wrongdoer to compensate that damage, provided there is a breach of a duty, attributability, damage and a causal link.
Tort claims often run alongside contract claims, for example in cases of misleading information or damage caused outside a contract. Read more on tort under Dutch law.
What can you claim when an obligation is not fulfilled?
Dutch law gives a creditor several remedies: performance of the obligation, damages, rescission of the contract (Article 6:265), suspension of your own performance (Article 6:52), or a price reduction. You can often combine them, for example rescission together with damages.
Which remedy is wisest depends on whether you still want the contract performed and on the commercial relationship. An assessment of the creditor’s position comes first.
How is interest calculated on an unpaid debt?
When a debtor is in default, statutory interest is due by operation of law. Article 6:119 of the Dutch Civil Code sets the ordinary statutory interest, while Article 6:119a sets the higher statutory commercial interest for business-to-business transactions.
Interest runs from the moment of default until payment, on top of the principal and any agreed contractual interest.
What is the limitation period for a claim under Dutch law?
Most contractual claims for performance are time-barred five years after they become due (Article 3:307 of the Dutch Civil Code). A claim for damages generally lapses five years after the injured party learns of the damage and the liable person, and in any event twenty years after the event (Article 3:310).
Limitation can be interrupted by a written reminder or legal action, which restarts the clock. See prescription and interruption under Dutch civil law.
How do you resolve an obligations dispute?
Most disputes start with a written demand and negotiation. If that fails, you can begin civil proceedings, and where the matter is urgent, summary proceedings can secure a fast order. Arbitration or mediation may fit better where the parties want to preserve the relationship.
The right forum depends on the contract, the value and the urgency. More on dispute resolution in the Netherlands.
When should you contact a Dutch lawyer?
Contact a lawyer as soon as an obligation is at risk: before you send a default notice, before you rescind, and before a limitation period expires. Early advice protects your claim and keeps the costs proportionate.
Our Dutch lawyers act for businesses across the Netherlands and internationally. Please contact us to discuss your case.
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