When does default without formal notice become effective?

20-02-2018

In Bedrijfsjuridische berichten (Bb), 2018, no. 7, Douwe Cnossen wrote the article "When does default without formal notice become effective?".

Under Section 6:83 opening lines and under c of the Netherlands Civil Code, default without formal notice becomes effective among others when the creditor must conclude from a statement of the debtor that the latter will not perform in conformity with the obligation. In the judgement Douwe discusses in this article, the Supreme Court considers that the District Court's decision on applicability of this Section was not sufficiently substantiated, as the District Court failed to include essential statements from the petitioner in its decision-making process.

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