Limitation vs. Expiration
Statutes of limitations
Claim for performance of an agreement to give or to do
The limitation period for this legal action runs form the time when the legal action has become claimable. It has become claimable if one party does not comply with its obligation within the stipulated period.
Periodic claim
The limitation period for a periodic claim starts on the day after the day on which the periodic claim has become claimable.
Claim due to undue payment
According to article 3:309 of the Dutch Civil Code, a claim for undue payment lapses after five years. The limitation period for a claim based on undue payment starts at the moment that the creditor (the person who has paid undue money) is aware of the claim and the identity of the recipient.
Claim for compensation or stipulated fine
According to article 3:310 of the Dutch Civil Code, a claim for compensation or stipulated fine lapses in principle after five years. Different provisions have been included for several grounds for compensation. For example, a claim on account of environmental damage and a claim on account of damage caused by hazardous substances lapses after thirty years. Different provisions also apply to damage resulting from a crime.
The limitation period for a claim for compensation or a stipulated fine starts from the moment that the person concerned is aware of the extent of the damage and the identity of the liable party.
Claim for dissolution, restoration or undoing
Under article 3:111 of the Dutch Civil Code, a claim for dissolution, restoration, or undoing lapses after five years. The limitation period begins to run on the day following the day on which the creditor (the one who has something to claim) became aware of the failure to perform.
Product liability claim
According to article 6:191 (1) of the Dutch Civil Code, a product liability claim lapses after three years. The limitation period starts to run from the moment the affected party (the person with the defective product) knows or should have known about the damage, the defect, and the identity of the producer.
Claim for payment of the purchase price in a consumer purchase
Claim against an insurer to make a payment
Claim by virtue of a court order
The limitation period for a claim based on a judicial decision starts after commencement of the day following that of the decision.
Claim to annul al legal act
According to paragraph 1 (c) of the aforementioned article, a claim for the annulment of a legal act in the event of fraud, error of prejudice, lapses after three years. The limitation period commences from the moment the fraud, error or prejudice is discovered.
According to paragraph 1 under a of the aforementioned article, a claim for the annulment of a legal act in the event of incapacity, lapses after three years. The limitation period starts from the moment the incapacity has ended or if the incapacitated person has a legal representative, three years after the act came to knowledge of the legal representative.
According to paragraph 1 (d) of the aforementioned article, in all other cases, a claim for annulment of a legal act lapses after three years. The limitation period runs from the moment the authority has come to serve.
About the Author
Nurlan Agayev
LLM