Hulppersoon
Auxiliary person
An auxiliary person is a third party who, acting on the instructions of the obligor, performs (part of) the obligation or assists in its performance. The obligor is liable for the faults of such person as if they were his own.
In Dutch law of obligations, an auxiliary person is an individual engaged by the debtor to perform (part of) the obligation. This may include, for example, a subcontractor, employee or other assistant. The rules are set out in Article 6:76 of the Dutch Civil Code.
Liability for auxiliary persons is relevant because the debtor is responsible not only for its own conduct but also for errors committed by the third party engaged. This strengthens the position of the creditor, who may address the debtor directly.
In practice, this concept frequently arises in contracts for work, the provision of services and other contractual relationships in which third parties are engaged.
“The contractor is liable for damage caused by the fault of his auxiliary in the performance of the work.”
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