Schuldeisersverzuim

Creditor default arises when the creditor fails to cooperate in the performance of the obligation by refusing or failing to accept the tendered performance. This is governed by Article 6:58 of the Dutch Civil Code and has the consequence that the debtor cannot fall into default and is often entitled to compensation for additional costs or to suspend its own obligations.

In practice, creditor default arises regularly in contracts of sale, contracts for work and other obligations in which the creditor is required to perform an active act, such as taking delivery of goods. Such default may give rise to a claim for damages, dissolution of the contract or release of the debtor from its duty to perform.