Brengschuld
portable debt
A brengschuld is an obligation under which the debtor must render performance at the creditor’s place.
Brengschuld is a concept in Dutch law of obligations referring to a debt under which the debtor is obliged to deliver performance to the creditor’s place of residence or establishment. This is contrasted with a haalschuld, under which the creditor must collect the performance.
The place of performance for a brengschuld is governed by Article 6:116 of the Dutch Civil Code and is relevant in determining where performance, the service of a notice of default and payment are to be effected. In the case of monetary obligations, payment into the creditor’s account is generally treated as a brengschuld.
In practice, the distinction arises in contracts of sale providing for delivery to the purchaser’s premises, services rendered on site, and rent arrears where the tenant is required to remit payment.
“Since this involved a brengschuld, the contractor was required to collect the invoice at the client's registered office.”
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