Undue payment

It could be the case that you paid a sum of money to another person without a legal basis for the transaction or that another person paid a sum of money to you without a legal basis for that transaction. This qualifies as an undue payment.

A legal basis for a payment could be a purchase agreement but also a gift qualifies as a lawful legal basis for a payment. If there is no legal basis for a certain payment, the one who paid the sum of money can recover the money on ground of the undue payment (Article 6:302 of the Dutch Civil Code).

Moreover the situation can occur that you deliver a certain good or provide a certain service without a legal basis present or that you received a good or service without a legal basis present. Also these situations, even though no money is transferred, qualify as an undue payment. The one who delivers a good or provides a service without a legal basis present has the right to reclaim a good or to undo the service he provided.

Sometimes it is impossible to undo certain actions. For example, it could be the case that the product is already consumed. Also you can not take back a given advise. Depending on the circumstances of the case the receiver should compensate the person who delivered the good or provided the service.

The one that should pay back the sum of money, has to return the good or undo the service is in some situations entitled to compensation for his expenses.

Are you dealing with an undue payment situation at the moment and do you want to know what your rights are and what legal steps you can take? Register your case via the form on our website or reach out to us for a free advice via 013 53 53 885.

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