Commencement of the short period of prescription for prescription of claims for damages
21-08-2018
In Bedrijfsjuridische berichten (Bb), 2018, no. 56, Ilse Bakker wrote the article "Commencement of the short period of prescription for prescription of claims for damages".
In this article, Ilse describes the judgement of the Supreme Court of 4 May 2018 concerning commencement of the short period of prescription for claims for damages (Section 3:310, subsection 1 of the Netherlands Civil Code). The answer to the question of when the period of prescription for claims based on a wrongful act commences depends on the moment at which the injured creditor could actually take action. A creditor is capable of taking action when they have sufficient certainty about the existence of the damage, the cause of the damage or the person responsible for the damage. However, sufficient certainty about the legal assessment of facts and circumstances related to the damage and the person responsible for the damage is not required.
You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.
