How do you reclaim goods in the Netherlands when they are not paid for?

Understanding the Right of Reclamation in Dutch Law

If you’re dealing with unpaid invoices and delivered goods in the Netherlands, it’s crucial to understand the legal concept of the right of reclamation. This provision in Dutch law allows sellers to reclaim delivered goods when the debtor fails to make payment. In this article, we will delve into the intricacies of the right of reclamation under Dutch law, its implications, and how it can be invoked.

What is the Right of Reclamation?

The right of reclamation is a legal provision enshrined in the Dutch Civil Code. It offers sellers the ability to reclaim goods that have been delivered but remain unpaid for. Importantly, this right does not require an explicit agreement between the parties; it applies automatically when Dutch law is in force. This means it can be utilized even in cases where no valid retention of title has been agreed upon.

Invoking the Right of Reclamation

To exercise the right of reclamation, the unpaid seller must provide a written statement to the non-paying buyer. This action not only triggers the right of reclamation but also results in the dissolution of the purchase agreement. However, it’s important to note that the buyer’s right of ownership also lapses as a consequence of this process. The purchase is considered canceled as soon as the buyer receives the written statement.

Implications and Scope

The right of reclamation is applicable to the purchase and exchange of movable property, but it does not extend to registered property, such as ships or aircraft. Unlike standard dissolution procedures under Dutch law, the right of reclamation results in the immediate loss of the buyer’s right of ownership. Ownership reverts to the seller, albeit without retroactive effect.

Enforcing the Right of Reclamation

When the right of reclamation is exercised, the buyer is obligated under Dutch law to return the items still in their possession to the seller. If the buyer refuses to comply, the seller has the legal recourse to claim revindication through the court system.

Frequently Asked Questions

Q1: What is the right of reclamation in Dutch law?
A1: The right of reclamation is a legal provision in Dutch law that allows sellers to reclaim delivered goods if the buyer fails to make payment. It applies automatically when Dutch law is in force.

Q2: Does invoking the right of reclamation dissolve the purchase agreement?
A2: Yes, invoking the right of reclamation results in the dissolution of the purchase agreement, leading to the loss of the buyer’s right of ownership.

Q3: What can be reclaimed using the right of reclamation?
A3: The right of reclamation applies to movable property but not registered property, such as ships or aircraft, under Dutch law.

In conclusion, understanding the right of reclamation is crucial for sellers in the Netherlands facing non-payment issues. This legal provision grants sellers the ability to reclaim goods and dissolve purchase agreements when necessary, offering a recourse to recover their property under Dutch law.