Dutch Legislation

Title 10

in force

Right of recovery against assets

Civil Code — Book 3 (property law, general part) (Burgerlijk Wetboek Boek 3) · Articles: 20

Section 1

General provisions

3:276 Article 3:276

Unless the law or an agreement provides otherwise, a creditor may recover his claim from all assets of his debtor.

3:277 Article 3:277

Creditors have an equal right among themselves to be satisfied from the net proceeds of the assets of their debtor in proportion to their respective…

3:278 Article 3:278

Priority results from pledge, mortgage and privilege, and from the other grounds indicated by law.

3:279 Article 3:279

Pledge and mortgage take precedence over privilege, unless the law provides otherwise.

3:280 Article 3:280

Privileges on specific assets take precedence over those that rest on all assets belonging to an estate, unless the law provides otherwise.

3:281 Article 3:281

Distinct privileges that rest on the same specific property have equal rank, unless the law provides otherwise.

3:282 Article 3:282

If, as a result of an enforcement, a limited right other than a pledge or mortgage lapses because it cannot be invoked against a pledgee, mortgagee…

Section 2

Privileged claims on certain assets

3:283 Article 3:283

A privilege on a specific asset shall also extend to claims for compensation that have replaced that asset, including claims in respect of the…

3:284 Article 3:284

A claim for the satisfaction of costs incurred for the preservation of a property is privileged over the property that has been so preserved.

3:285 Article 3:285

A person who, pursuant to a contract for work, has a claim on account of the working of a thing, is on that account privileged on that thing…

3:286 Article 3:286

The contributions owed by an apartment owner or a usufructuary of an apartment right to the collective apartment owners or the association of owners…

3:287 Article 3:287

The claim for compensation for damage is privileged over the claim which the debtor may have against the insurer by virtue of insurance of his…

Section 3

Privileged claims on all assets

3:288 Article 3:288

The privileged claims on all assets are the claims in respect of:

3:289 Article 3:289

Also privileged on all assets are the claims arising from the imposition of the levies referred to in Articles 49 and 50 of the Treaty establishing…

Section 4

Right of retention

3:290 Article 3:290

Right of retention (retentierecht) is the power that accrues to a creditor in cases indicated by law, to suspend the performance of an obligation to…

3:291 Article 3:291

The creditor may also invoke the right of retention (retentierecht) against third parties who have acquired a right to the property after his claim…

3:292 Article 3:292

The creditor may recover his claim from the asset with priority over all persons against whom the right of retention (retentierecht) may be invoked.

3:293 Article 3:293

The right of retention (retentierecht) may also be exercised for the costs which the creditor has had to incur in respect of the care which he must…

3:294 Article 3:294

The right of retention (retentierecht) terminates when the object comes under the control of the debtor or the person entitled to it, unless the…

3:295 Article 3:295

If the thing is no longer under the control of the creditor, he may claim it under the same conditions as an owner.