Claim for performance of an agreement to give or to do
In a contract to give or to do, one party undertakes to do something for another party. Think, for example, of a money loan agreement that is not complied with or a building contract in which the work is not performed within the specified period. According to article 3:307 (1) of the Dutch Civil Code, a claim for compliance with an agreement to give or to do something lapses after
five years.
The limitation period for this legal action runs form the time when the legal action has become claimable. It has become claimable if one party does not comply with its obligation within the stipulated period.
Periodic claim
A periodic claim involves a claim that must be made repeatedly at recurring times. An example of a periodic claim is the tenant’s payment obligation arising from the lease agreement between the tenant and the landlord. According to article 3:308 of the Dutch Civil Code, the periodic claim lapses after
five years.
The limitation period for a periodic claim starts on the day after the day on which the periodic claim has become claimable.
Claim due to undue payment
A claim to undue payment involves one party depositing a certain amount of money into the account of another party, but this amount was not owed to that party at all. Think for example of paying too much or depositing the money in the wrong bank account.
According to article 3:309 of the Dutch Civil Code, a claim for undue payment lapses after five years. The limitation period for a claim based on undue payment starts at the moment that the creditor (the person who has paid undue money) is aware of the claim and the identity of the recipient.
Claim for compensation or stipulated fine
The claim for compensation or stipulated fine concerns the claims based on all statutory grounds for compensation. Think for example of a breach of contract under article 6:74 of the Dutch Civil Code or the tort under article 6:162 of the Dutch Civil Code.
According to article 3:310 of the Dutch Civil Code, a claim for compensation or stipulated fine lapses in principle after five years. Different provisions have been included for several grounds for compensation. For example, a claim on account of environmental damage and a claim on account of damage caused by hazardous substances lapses after thirty years. Different provisions also apply to damage resulting from a crime.
The limitation period for a claim for compensation or a stipulated fine starts from the moment that the person concerned is aware of the extent of the damage and the identity of the liable party.
Claim for dissolution, restoration or undoing
With a claim for dissolution, restoration or undoing you can think of a contract that is rescinded. The dissolution of the contract creates an undoing obligation. What the parties have received and given they must then return to each other. If this is not done by one of the parties, a legal claim arises.
Under article 3:111 of the Dutch Civil Code, a claim for dissolution, restoration, or undoing lapses after five years. The limitation period begins to run on the day following the day on which the creditor (the one who has something to claim) became aware of the failure to perform.
Product liability claim
A product liability claim exists if the product is defective. Defective generally means that there is an unsafe product. Product liability can be found in article 6:185 of the Dutch Civil Code et seq.
According to article 6:191 (1) of the Dutch Civil Code, a product liability claim lapses after three years. The limitation period starts to run from the moment the affected party (the person with the defective product) knows or should have known about the damage, the defect, and the identity of the producer.
Claim for payment of the purchase price in a consumer purchase
A consumer purchase is the purchase of a movable item, something tangible, between a professional seller and a buyer who is not acting in the exercise of his profession or business. Under article 7:28 of the Dutch Civil Code, a claim for payment of the purchase price in a consumer purchase lapses after
two years. The limitation period commences from the moment that payment of the purchase price has become claimable.
Claim against an insurer to make a payment
A claim against an insurer for payment of benefits lapses after
three years, according to article 7:942 of the Dutch Civil Code. The limitation period commences at the moment the entitled party (the person receiving the payment) becomes aware that the claim is claimable.
Claim by virtue of a court order
According to article 3:324 of the Dutch Civil Code, a claim based on a judicial decision lapse after
twenty years. This period also applies if the limitation period of the claim on which it is based was subject to a shorter limitation period. This limitation period only applies to judgements involving a conviction.
The limitation period for a claim based on a judicial decision starts after commencement of the day following that of the decision.
Claim to annul al legal act
According to article 3:52 (1) (b) of the Dutch Civil Code, a claim for the annulment of a legal act in case of abuse of circumstances and threats, lapses after
three years. The limitation period starts from the moment the influence has ceased to work. This means that the threat or abuse no longer exists.
According to paragraph 1 (c) of the aforementioned article, a claim for the annulment of a legal act in the event of fraud, error of prejudice, lapses after three years. The limitation period commences from the moment the fraud, error or prejudice is discovered.
According to paragraph 1 under a of the aforementioned article, a claim for the annulment of a legal act in the event of incapacity, lapses after three years. The limitation period starts from the moment the incapacity has ended or if the incapacitated person has a legal representative, three years after the act came to knowledge of the legal representative.
According to paragraph 1 (d) of the aforementioned article, in all other cases, a claim for annulment of a legal act lapses after three years. The limitation period runs from the moment the authority has come to serve.
