Dutch Civil Code Show
Book 6 The law of obligations
What are the remedies of the creditor when the debtor fails to comply with his obligation?In cases where the obligor breached his/her obligation, s/he shall be liable for damages. [1] If the obligation to give a specific thing is breach by the debtor, the creditor may either compel the debtor to make delivery (specific performance)[2] or rescind.
What is the remedy of the creditor if debtor fails to perform his obligation to deliver a determinate thing?In obligation to do, the obligor (debtor) cannot be forced to perform his obligation as it will constitute an involuntary servitude. The only remedy of the creditor is to have the obligation executed by another at the expense of the debtor or ask for damages.
What is the remedy of the creditor in case one of the debtors does not comply with his undertaking in a joint indivisible obligation?A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking.
What are the remedies available to the creditor?The most common creditors' remedies after obtaining a judgment include:. Execution. In most states, recording a judgment creates a judgment lien on the debtor's property. ... . Garnishment. ... . Receivership.. |