Dutch Civil Code Show
Book 6 The law of obligations
What rights are given by law to the creditor in case the debtor fails to comply with his obligation to deliver?1096 entitles the creditor to compel the debtor to make delivery or, if the thing is indeterminate or generic, to demand specific performance at the debtor's expense. Art. 1098 provides that if the obligor does not do something that is was obliged to do then, it shall be enforced at its own expense.
What are the rights of a creditor when the debtor doesn't pay his her debts?Either way, if you or the business can't pay back the debt, a secured creditor can repossess or foreclose on the secured property, or order it to be sold, to satisfy the debt. An unsecured creditor is one to whom no collateral has been pledged and who hasn't filed a lien.
What rights are available to the creditor?Creditor's rights can refer to many different aspects of creditor-debtor and creditor-creditor relations including a creditor's rights to place a lien on a debtor's property, garnish a debtor's wages, set aside a fraudulent conveyance, and contact the debtor and relatives.
What is the right of the creditor that is enforceable against a definite debtor is?The enforceable right of the creditor to demand performance from the debtor, is called an 'obligatory claim'. The legal duty of the debtor to fulfil this performance to or on behalf of the creditor, is called a 'debt'. The relationship between the debtor and creditor is regulated by law.
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