There is a breach of contract (wanprestatie) when a party fails to perform an obligation under the agreement and that failure is attributable to them. In most cases the debtor must first be given notice of default, setting a final reasonable period to perform. Only once that period passes without performance does the debtor fall into default, giving the other party the right to damages, rescission, or performance.

A breach of contract arises from the non-performance of an existing agreement between the parties. A tort (onrechtmatige daad) is an unlawful act towards another person outside any contract, such as causing damage by negligence. Both can give rise to liability for damages, but the requirements, the burden of proof, and the limitation periods differ. Sometimes a single event can constitute both.

The starting point is that the injured party should, as far as possible, be placed in the position they would have been in without the breach or unlawful act. In principle the actual loss suffered is compensated, including loss incurred and lost profit. There must be a causal link between the conduct and the damage, and the damage must be attributable to the liable party.

A notice of default (ingebrekestelling) is a written demand giving the debtor a final, reasonable period to perform. Only when that period expires without performance does the debtor fall into default, triggering the right to damages or rescission. In some cases default arises automatically by operation of law, for example where a fixed deadline has passed, and no separate notice is required.

A civil claim becomes time-barred once the statutory limitation period has expired, after which it can no longer be enforced in court. The periods differ depending on the type of claim. Limitation can, in certain circumstances, be interrupted, for example by a written reminder reserving the right to performance, after which a new period starts to run.

Interim relief proceedings allow the preliminary relief judge to grant a provisional measure at short notice, such as an injunction or an order to perform. They are intended for urgent matters and do not result in a final ruling on the dispute. The decision remains provisional, and the parties can still bring ordinary proceedings on the merits afterwards.

An interim attachment is a precautionary measure that freezes a debtor's assets, such as a bank account or property, before or during proceedings, to secure later recovery. It requires prior permission from the court. If the main claim is later upheld, the attachment can be converted into enforcement; if not, it must be lifted and may give rise to liability for damage caused.

As a rule, the party that relies on the legal consequences of certain facts must prove those facts if they are disputed. Evidence can be provided through documents, witnesses, and expert reports, among other means. In certain situations the burden of proof shifts on the basis of the law or the standards of reasonableness and fairness.

A judgment ordering performance can be enforced with the help of a bailiff, who can, for example, attach bank accounts, wages, or goods and proceed to a public sale. The court can also attach a penalty payment (dwangsom) to the order, which the debtor forfeits for as long as they fail to comply. We guide clients through the entire enforcement process.

The duration depends heavily on the complexity, the evidence required, and the court's workload. A straightforward debt-collection case can be concluded within a few months, whereas a complex case involving witnesses and experts may take more than a year. For urgent matters, interim relief proceedings can provide a provisional measure at short notice.

A settlement agreement allows parties to end a dispute or uncertainty by recording binding arrangements, for example as part of a settlement. It binds the parties even if the outcome differs from the actual legal position, which is precisely what provides legal certainty.

In civil proceedings the losing party is usually ordered to pay the legal costs, but that compensation is based on a fixed liquidation tariff and rarely covers the full lawyer’s fees. Only in special cases, such as intellectual property infringement, may full compensation apply.

Anyone who discovers a defect in a delivered performance must complain to the other party within a reasonable time. If you complain too late you may lose your rights. What counts as “reasonable time” depends on the circumstances, but complaining quickly and in writing is always advisable.

With joint and several liability the creditor can claim the full amount from any one of the debtors, who must then settle among themselves. With joint liability each debtor is only liable for their own share. Which form applies follows from the law or the agreement.

Yes, in principle oral agreements are just as binding as written ones. The main problem is proof: in a dispute you must be able to show what was agreed. For some legal acts, such as the purchase of a home by a private individual, the law does require a written form.