Substitutionary Damages
Tags: compensation, conversion statement, ingebrekestelling, notice of default, omzettingsverklaring, replacement compensation, schadevergoeding, vervangende schadevergoeding.
In some cases, it is possible to claim a sum of money instead of the service to be provided by the other party. This is referred to as “substitutionary damages”. This is useful, for example, when a service has been delivered incorrectly. You can then claim an amount of money from the service provider so that you can use this amount to engage another service provider for the proper provision of the service.
Transposition Declaration
If you want to claim substitutionary damages, you must first notify the other party. This communication is called a “transposition declaration”. Such a written notification can, for example, be given in a notice of default.
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