Het algemene opschortingsrecht

Boeve, G.J. (2024)

Doctoral Thesis

This book focuses on the general right of suspension regulated in article 6:52 et seq. of the Dutch Civil Code. The author pays attention, among other things, to the requirements for the power to suspend, including the coherence criterion (Dutch: samenhangcriterium), which is also the central requirement. The author explains that this criterion is not a measure of judgment or criterion to be judged by itself, but the existence of sufficient coherence between mutual obligations to justify suspension is rather a conclusion that follows the application of the coherence criterion. The author also discusses how the general right of suspension is exercised. Under circumstances, that exercise may be unacceptable. This involves weighing the interests involved in that exercise. Procedural aspects of the general right of suspension are also discussed, including the dictum. The author discusses that under circumstances an order for gradual performance fits a defense of suspension better than a rejection of the claim. The author makes this concrete using many examples mainly from case law. This book is therefore relevant for both law and legal practice.

• Suspension
• The general right of suspension
• Contract law
• Law of obligations

• All authors: Boeve, G.J.
• Supervisor: Krans, H.B.; Castermans, A.G.
• Committee: Graaf, T.J. de; Hijma, J.; Pavillon, C.M.D.S.; Schelhaas, H.N.
• Qualification: Doctor (dr.)
• Awarding Institution: Institute of Private Law, Faculty of Law, Leiden University
• Date: 2024-05-30
• Title of host publication: Recht en Praktijk – Contracten- en aansprakelijkheidsrecht
• Publisher: Wolter Kluwer
• ISBN (print): 9789013175936
• Name: CA27