Legislator Case Law & Legislation
ECLI:NL:HR:2017:755 ECLI:NL:HR:2017:755 AI generated

Dutch Supreme Court dismisses appeal where delivery by third party counts as acknowledgment of debt under contract.

Case Number ECLI:NL:HR:2017:755
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of the Netherlands dismissed the appeal by Special Sports Amstelveen against the lower court's judgment. The court held that the delivery of fitness equipment by a third party, Power Plate International, constituted a valid acknowledgment of debt owed by Special Sports Amstelveen to Pellikaan. The court reasoned that Special Sports Amstelveen's conduct in allowing this delivery demonstrated it bore the responsibility for fulfilling the contractual obligations, thereby interrupting the statute of limitations. Consequently, the lower court's finding that the debt was acknowledged was deemed legally sound and not subject to cassation.

Legislator headnote

AI generated

Art. 3:188 BW; Art. 3:304 BW: Where a debtor allows a third party to perform an obligation in its name, such performance constitutes an acknowledgment of the debt, interrupting the statute of limitations.

Keywords

AI generated
acknowledgment of debt third party performance statute of limitations contractual obligation cassation appeal interruption of limitation debt recognition

Cited Legislation

AI generated
Art. 3:188 BW
Art. 3:304 BW
art. 81 lid 1 RO

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