Claiming fulfillment

When entering into a contract, parties enter into mutual obligations. This means that rights and obligations arise for the parties to which they must adhere. The parties expect each other to fulfill the agreements. In practice, however, this often goes wrong. There is then talk of breach of contract. Legally this is called a failure to perform mentioned. Sometimes dissolution or damages can then be claimed, but a party may have an interest in the other party still complying for various reasons. In that case, performance must be claimed. 

When can you claim performance? 

There are two ways to claim performance: out of court and through the courts. In both cases, a creditor can only claim performance when there is a failure to perform. Only when performance becomes due and payable is there a right to performance. If a party does not perform its obligations, properly or on time, there is a deficiency in performance. This default need not be imputable to the debtor in order to claim performance. The mere fact of default is sufficient. 

Requiring extrajudicial performance

When one party to a contract fails to perform, the other is immediately entitled to demand performance. Claiming performance out of court is done by means of a formal notice. A formal notice is a written statement summoning the other party to comply within a reasonable time. By doing so, one party induces the other to comply. If the period in the notice of default has expired and compliance has not been achieved, the other party is in default. absence. During the default, the creditor may continue to demand performance in writing, but may also take other measures such as the dissolve and damages claim. It is important to note that default only occurs if the delay is attributable to the other party. 

Claiming performance through the courts

The second way to demand performance is to do so through the courts. On the claim of the entitled party, he who is obliged to give, do or refrain from doing something towards another is ordered to do so by the court. A prior notice of default and the absence of the debtor are not always required to bring an action for performance in court. The other party is then ordered to perform. If it fails to do so, you can bring the judgment then execute by seizing. 

Malpractice lawyer

Is a contract to which you are a party not being properly fulfilled? Contact the contract law attorney at Lexys Advocaten. Together with our specialist we can assess what the best strategy is in your case. Our lawyers have years of experience in advising and litigating on issues in contract law.