Opschortingsrecht

The right of suspension constitutes a defence in Dutch law of obligations, as provided inter alia in Article 6:52 of the Dutch Civil Code. It enables a party to defer performance of its obligations temporarily where the counterparty remains in default, without such deferral constituting non-performance.

This right is material in that it preserves the balance between the parties and prevents a creditor from being compelled to perform while the counter-performance remains outstanding. In practice, it is frequently invoked under contracts for sale, works or services, for instance in cases of non-payment or defective delivery.