Suspension Right
Tags: 6:52, agreement, commitment, connexiteit, connexity, contract, creditor, debtor, opschorten, opschorting, opschortingsrecht, overeenkomst, schuldeiser, schuldenaar, suspend, suspension right, verbintenis.
The right of suspension means that a debtor can suspend the fulfilment of his obligation until the creditor fulfils his obligation (s).
Conditions
A suspension is possible if a number of conditions are met. For example, the party relying on the suspension must have a claimable claim against the other party. Therefore, the person who would be the first to supply under the contract cannot, in principle, invoke suspension. After all, this party does not have a due and payable claim.
In addition, there must be coherence (connexity) between the two commitments. In any case, this is the case when the commitments are opposite (if A pays, then B delivers). If the commitments are not sufficiently linked, there can be no suspension.
The suspension should also be reasonable and fair.
Wrongly Suspended
If a party wrongly invokes a right of suspension, that party may become creditor’s default. This party can then be held liable for the damage suffered as a result.
To Lexicon summary