Rechtsverwerking en klachtplichten in het verbintenissenrecht

Abstract

Dutch civil law sets out several sanctions in the form of loss of rights due to inactive or inconsistent behaviour of the creditor. This book focuses on two specific manifestations of this mechanism: a specific application of the doctrine of estoppel in Dutch law of obligations and the statutory expiration periods set out by article 6:89 and 7:23 under 1 of the Dutch Civil Code. These articles stipulate that the creditor loses all of its claims if he does not complain about any defects in the performance of the debtor as soon as possible after discovery of any such defect.