Termination of the Agreement

If a debtor fails to fulfil his obligations under the agreement (falls short), the creditor can claim compensation (in the event of default), demand (still) fulfilment or dissolve the agreement. The right to dissolve hereby applies to any shortcoming unless it is so small that dissolution is not justified.

In the event of dissolution, the services that have already been performed are reversed and the services that have been performed no longer need to be performed.

If goods or services have been delivered, but have the intended quality, it may sometimes be that you do not want to dissolve all services, but that you only want to pay part of the amount due. You can then partially dissolve the agreement. You must then establish that you have not received what you were entitled to and partially dissolve the agreement insofar as it has failed. You hereby conclude that the agreed amount is only partially due.

The creditor can dissolve by notifying the debtor in writing, but it can also be done in court:

Does your company or organization have problems with agreements that are not being fulfilled and do you want to dissolve or has someone dissolved an agreement with you? Call or email Wouter Dammers from LAWFOX to get an initial estimate of the situation.