Tekortkoming
Breach
A breach consists in the non-performance, late performance or improper performance of an obligation by the debtor.
In Dutch law of obligations, non-performance constitutes the basis for liability. A debtor who fails to perform an obligation may thereby be held liable for damages or other remedies, such as termination.
The concept is particularly relevant in contractual disputes, where the counterparty must establish the existence of an attributable non-performance. This notion is governed by Article 6:74 of the Dutch Civil Code and plays a central role in determining default.
In practice, non-performance is frequently established by means of a notice of default, following which the creditor may pursue further legal remedies.
“The contractor was held liable for non-performance of the construction contract.”
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