Court orders defendant to repay inheritance debt plus interest and costs for breach of duty.
Netherlands (NL)
Legislator summary
AI generatedThe court ordered the defendant to repay the plaintiff's mother's outstanding debt of €123,976.30 to the estate, plus statutory interest from January 2022. The plaintiff argued the defendant misappropriated funds during a long-term relationship with the deceased, while the defendant claimed financial pressure. The court found the defendant liable for the debt and awarded interest, but rejected claims for external collection costs due to lack of specific documentation.
Legislator headnote
AI generatedArticle 6:119 BW; Article 6:83 BW; Article 706 Rv; The court holds that a debt arising from an unlawful act creates an immediate obligation, entitling the creditor to statutory interest upon default without prior demand, while external collection costs are only recoverable if specifically itemized and justified according to BGK standards.