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Limitations Act Netherlands


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Does anyone happen to know what Limitations there are in the netherlands off hand?

 

Lol, i was going through an ancient email address which I hadn't used in over 10 years and noticed an old bank statement where I owed fl. 6000 (now about €3000) lol!

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Hi adridude,

 

2. Limitation issues: What are the time limits for bringing civil claims?

Under Dutch, law civil claims are subject to time limitations, and also expiration. Time limitation can be (repeatedly) extended rather easily. This can be achieved by either starting a law suit or sending a written notice in which the claimant unequivocally reserves its right to pursue his claim. The effect of an extension is that the time limitation period starts anew. If an expiration period passes, the possibility to pursue the claim expires. Extension is in principle not possible. Under Dutch law there are some exceptions to this rule.

The general rule under Dutch law is that claims are time barred after 20 years from the time they arise. However, the law contains specific provisions for several situations with different (generally shorter) time periods.

Claims regarding performance of a contractual obligation must be brought within five years after these claims fell due. That same five years limitation period applies to claims regarding (tort) compensation of damage or payment of a penalty, which starts running the day following the day in which the injured party becomes aware of the damage or the penalty accruing. In any event, a claim for compensation of damage is time barred after 20 years following the occurrence that caused the damage or led to the penalty becoming due. In case of damages due to environmental pollution, the limitations period is 30 years.

Claims with regard to rescission or specific performance of a contract have a five-year time limitation from the moment the creditor becomes aware of the default, or in any event 20 years following the default. Other periods of limitation apply to causes of action regarding cultural heritage claims, ranging from one to 75 years depending on the type of claim.

 

HTH

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