Dutch Legislation

Title 2

in force

Assignment of claims and debts and waiver of claims

Civil Code — Book 6 (law of obligations) (Burgerlijk Wetboek Boek 6) · Articles: 20

Section 1

Consequences of the transfer of claims

6:142 Article 6:142

Upon the transfer of a claim to a new creditor, the latter acquires the accessory rights associated therewith, such as rights of pledge and mortgage…

6:143 Article 6:143

In the event of a transfer of a claim, the previous creditor is obliged to hand over to the new creditor the evidentiary documents relating to the…

6:144 Article 6:144

If the transfer of a claim entails that obligations arising from the capacity of creditor or from accessory rights pass to the new creditor, the…

6:145 Article 6:145

The transfer of a claim shall be without prejudice to the defenses of the debtor.

6:146 Article 6:146

After a transfer of a claim to bearer or to order in accordance with Article 93 of Book 3, the debtor may not raise a defense, based on his…

6:147 Article 6:147

In the event of the transfer of a paper to bearer or to order, the person who according to that paper is the debtor, and to whom it can be attributed…

6:148 Article 6:148

Articles 146 and 147 apply mutatis mutandis in the event of the creation of a limited right (beperkt recht) in a claim to bearer or to order.

6:149 Article 6:149

If, after the transfer of the claim under particular title, the debtor exercises a power against the original creditor to annul or dissolve the legal…

Section 2

Subrogation

6:150 Article 6:150

A claim passes by way of subrogation to a third party:

6:151 Article 6:151

Subrogation in accordance with Article 150 does not take place insofar as the debt concerns the third party in his relationship to the debtor.

6:152 Article 6:152

If recovery by virtue of subrogation in accordance with Article 150 proves to be impossible in whole or in part, the unsatisfied part shall be…

6:153 Article 6:153

In the event of subrogation in the principal claim, the subrogated party acquires the right to the stipulated interest only insofar as it relates to…

6:154 Article 6:154

The creditor is, towards the person who will be subrogated if he satisfies the claim, obliged to refrain from any conduct which, at the expense of…

Section 3

Assumption of debt and transfer of contract

6:155 Article 6:155

A debt passes from the debtor to a third party if the latter assumes it from the debtor. The assumption of debt shall only have effect against the…

6:156 Article 6:156

If the creditor has given his consent to a transfer of debt in advance, the transfer shall take place as soon as the debtor has reached an agreement…

6:157 Article 6:157

The accessory rights attached to the claim shall, after the time of the transfer, be exercised against the new debtor instead of against the former…

6:158 Article 6:158

If the legal relationship between the previous and the new debtor on the basis of which the debt was assumed is void, annulled or dissolved, the…

6:159 Article 6:159

A party to an agreement may, with the cooperation of the counterparty, transfer its legal relationship to the counterparty to a third party by means…

Section 4

Renunciation and merger

6:160 Article 6:160

An obligation is extinguished by an agreement between the creditor and the debtor, whereby the creditor waives his right of action.

6:161 Article 6:161

An obligation is extinguished by confusion (vermenging) when, through the transfer of the claim or the debt, the capacity of creditor and that of…