Stuiting

Interruption is a legal act that prevents a claim from being extinguished by prescription. Under Dutch civil law, the running of the limitation period may be interrupted by a written demand, a writ of summons or any other acknowledgment of the claim by the debtor. Consequently, the statutory limitation period commences afresh from the date of interruption.

The rules governing interruption are of particular importance because they enable creditors to preserve their rights without the immediate need to commence proceedings. They prevent claims from being lost unintentionally through the mere passage of time. In practice, interruption is commonly invoked in debt collection matters and in the course of settlement negotiations.

For an interruption to be effective, it must satisfy the statutory requirements. A demand, for example, must be sufficiently specific and clearly identify the claim in question. An incorrect or ambiguous interruption may result in prescription nevertheless taking effect.