Dutch Legislation

Title 11

in force

Legal actions

Civil Code — Book 3 (property law, general part) (Burgerlijk Wetboek Boek 3) · Articles: 41

Section None

Legal actions

3:296 Article 3:296

Unless otherwise follows from the law, from the nature of the obligation or from a juridical act, a person who is obligated towards another to give…

3:297 Article 3:297

If a performance is enforced by the execution of an enforceable title, this shall have the same legal consequences as those of a voluntary…

3:298 Article 3:298

If two or more creditors pursue conflicting rights to delivery in respect of a single asset, the oldest right to delivery shall prevail in their…

3:299 Article 3:299

When someone fails to perform that which he is obliged to do, the court may, upon the claim of the person to whom the obligation is owed, authorise…

3:300 Article 3:300

If a person is obligated towards another to perform a juridical act, the court may, unless the nature of the juridical act precludes this, upon a…

3:301 Article 3:301

A judgment which the court has ordered shall take the place of a deed intended for the transfer of registered property or of a part of such a deed…

3:302 Article 3:302

Upon the claim of a person immediately involved in a legal relationship, the court shall issue a declaratory judgment (verklaring van recht)…

3:303 Article 3:303

No one is entitled to a legal action without sufficient interest.

3:304 Article 3:304

A right of action cannot be separated from the right which it serves to protect.

3:305 Article 3:305

The powers granted to the court in the preceding articles of this title shall also vest in arbitrators, unless the parties have agreed otherwise.

3:305a Article 3:305a

A foundation or association with full legal capacity may institute a legal action that serves to protect similar interests of other persons, insofar…

3:305b Article 3:305b

A legal person as referred to in Article 1 of Book 2 may institute a legal action that serves to protect similar interests of other persons, insofar…

3:305c Article 3:305c

An organisation or public body with its seat outside the Netherlands which is placed on the list referred to in Article 5, paragraph 1, of Directive…

3:305ca Article 3:305ca

To a legal action as referred to in Article 14, paragraph 1, of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June…

3:305d Article 3:305d

The Court of Appeal of The Hague may, upon the petition of a foundation or association with full legal capacity which, pursuant to its articles of…

3:305e Article 3:305e

Our Minister for Legal Protection shall, upon application by a foundation or association with full legal capacity having its registered office in the…

3:306 Article 3:306

Unless the law provides otherwise, a right of action is prescribed by the lapse of twenty years.

3:307 Article 3:307

A right of action to demand performance of an obligation under a contract to give or to do prescribes by the lapse of five years after the…

3:308 Article 3:308

Legal actions for the payment of interest on sums of money, life annuities, dividends, rents, farm rents, and furthermore everything that must be…

3:309 Article 3:309

A right of action arising from undue payment prescribes by the lapse of five years after the commencement of the day following that on which the…

3:310 Article 3:310

A right of action for compensation for damages or for payment of a stipulated penalty shall prescribe by the lapse of five years after the start of…

3:310a Article 3:310a

A right of action for the recovery of a movable object which, under the national legislation of a Member State of the European Union or of another…

3:310b Article 3:310b

A right of action to claim a movable object that has been designated as a protected cultural property under the Heritage Act (Erfgoedwet) or forms…

3:310c Article 3:310c

A right of action for the return of a movable object on the basis of Article 6.7 of the Heritage Act (Erfgoedwet) shall be barred by the lapse of…

3:310d Article 3:310d

A right of action for the protection of a trade secret as referred to in Articles 5, 6 and 9 of the Trade Secrets Protection Act (Wet bescherming…

3:311 Article 3:311

A right of action for the dissolution of an agreement on the grounds of a failure in the performance thereof or for the rectification of a failure…

3:312 Article 3:312

Rights of action in respect of a failure in performance, as well as those for the payment of statutory or stipulated interest and those for the…

3:313 Article 3:313

Unless the law provides otherwise, the limitation period for a legal action for performance of an obligation to give or to do shall commence at the…

3:314 Article 3:314

The limitation period for a right of action to terminate an unlawful situation commences at the beginning of the day following the day on which the…

3:315 Article 3:315

The period of limitation of a legal action to claim an inheritance begins at the start of the day following the day of the death of the deceased.

3:316 Article 3:316

The prescription of a right of action is interrupted by the bringing of a claim, as well as by any other act of legal proceedings on the part of the…

3:317 Article 3:317

The limitation period of a right of action to demand performance of an obligation is interrupted by a written demand or by a written notification in…

3:318 Article 3:318

Acknowledgement of the right which a legal action serves to protect interrupts the limitation period of the legal action against him who acknowledges…

3:319 Article 3:319

By interruption of the limitation period of a right of action, other than by the institution of a claim which is followed by its being granted, a new…

3:320 Article 3:320

If a prescription period would expire during the existence of a ground for extension or within six months after the disappearance of such a ground…

3:321 Article 3:321

A ground for the extension of the limitation period exists:

3:322 Article 3:322

The court may not of its own motion apply the plea of prescription.

3:323 Article 3:323

Upon the completion of the prescription of the right of action to demand performance of an obligation, the pledge or mortgage rights serving as…

3:324 Article 3:324

The power to enforce a judicial or arbitral decision shall be barred by prescription by the lapse of twenty years after the commencement of the day…

3:325 Article 3:325

Articles 319-323 shall apply mutatis mutandis to the limitation period referred to in the preceding article.

3:326 Article 3:326

Outside the field of property law, the provisions of this Title shall apply mutatis mutandis, insofar as the nature of the legal relationship…