Haalschuld
debt payable on demand
A debt to be collected is an obligation under which the creditor must retrieve the performance from the debtor.
A collectible obligation means that the debtor performs at his own place of residence or business, and the creditor is required to collect the performance there. This stands in contrast to a deliverable obligation, under which the debtor must deliver the performance at the creditor’s place.
Under Dutch law, the collectible obligation is the default rule for obligations to deliver a thing, unless the law, the nature of the obligation or the circumstances provide otherwise. Monetary debts, by contrast, are frequently deliverable obligations.
The classification as a collectible obligation is relevant to determining where performance may be demanded and which party bears the risk and costs of transport. In practice, such obligations arise in collection arrangements with suppliers or when goods are collected from a warehouse.
“As this was an obligation to be collected by the creditor, the buyer was required to collect the ordered goods from the seller’s warehouse himself.”
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