Samenvatting Verbintenis om iets niet te doen

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Samenvatting Verbintenis om iets niet te doen

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uitleg over de verbintenis om iets niet te doen

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Verbintenis om iets (niet) te
doen:
Procedure tot afdwinging:

1. Rechterlijk gebod zonder fysieke dwang op persoon (art. .234 lid 2 BW)

Uitzondering: art. 387 Oud BW  verblijfsregeling

2. Vermogensrechtelijk dwangmiddel: dwangsom (art. 1385 Ger. Wetboek)
- Hoog genoeg zijn om persoon onder dwang te zetten
- Rechter kan eventueel som in hoogte begrenzen
- Schuldeiser heeft mogelijkheid om verhoging te vorderen
- Mag niet onredelijk zijn

Voorwaarden dwangsom:

- Iemand de op hem gelegde verbintenis niet nakomt
- De hoofdverbintenis moet mogelijk zijn

Dwangsom = accessoire veroordeling

Dwangsom = drukmiddel zonder vergoedend karakter  vervangt verbintenis niet

Niet voor verbintenissen tot betaling van een geldsom of arbeidscontracten

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Study: Rechten
Uploaded on: January 19, 2023
Number of pages: 1
Written in: 2022/2023
Type: Summary

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Samenvatting Verbintenis om iets niet te doen

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