A notice of default (ingebrekestelling) is a written demand in which a creditor gives a debtor a final, reasonable period to perform an obligation. Under Dutch law it is normally the step that puts the debtor in default (verzuim), and default is what unlocks the remedies of damages and rescission.
Legal basis
The rule is set out in Article 6:82 of the Dutch Civil Code. A debtor is in default once a written notice has given a reasonable period for performance and that period has passed without performance. Article 6:83 lists the situations in which no notice is required at all, most importantly where a fixed deadline has been missed, where the obligation is to pay damages in tort, or where the debtor has already made clear that it will not perform.
What a valid notice must contain
There is no prescribed form, but a notice that does its job identifies the agreement and the obligation that has not been performed, states clearly what is expected, and sets a specific final period. What counts as reasonable depends on the obligation: a few days for a simple payment, considerably longer for construction work or a complex delivery. A vague reminder or an invoice marked “urgent” is not a notice of default.
Why it matters in practice
Most disputes about non-performance are lost on this point rather than on the merits. If no valid notice was sent and no exception under Article 6:83 applies, the debtor never entered default, and a claim for damages or rescission fails even where the breach itself is undisputed. Sending the notice by registered post or e-mail with confirmation, and keeping proof of delivery, is therefore worth the small effort involved.
Related terms
See also default (verzuim), breach of contract (wanprestatie) and rescission of an agreement (ontbinding).
Our civil law team advises on contractual disputes and, where needed, on the proceedings that follow.
