Limitation period: when does my claim expire?

Limitation means that a claim cannot be enforced in court after a certain period has passed. In other words: if you do not take action within a certain period to, for example, collect your claim or claim damages, you lose the right to bring a claim before the court. The idea behind this is that after some time, legal certainty must arise – old claims should not continue to exist indefinitely.

The law contains various limitation periods, depending on the type of claim. The general rule is that a claim expires after 20 years. There are many exceptions to this. In most cases, a claim expires after only 5 years. This is, for example, the case with:

• A claim for performance of an obligation under an agreement to give or to do (Article 3:307 Dutch Civil Code). The limitation period starts on the day after the day on which the claim became due and payable. Concrete example: an invoice due on 1 October 2025 will in principle expire on 1 October 2030.
• A claim for payment of periodic obligations, such as interest, rent, lease, and all other obligations that must be paid within a year or less (Article 3:308 Dutch Civil Code). The limitation period starts on the day after the day on which the claim became due and payable. Concrete example: rent installments not paid in 2024 can in principle no longer be claimed after 2029.
• A claim for compensation of damage or payment of a stipulated penalty (Article 3:310 Dutch Civil Code). The limitation period starts on the day after the day on which the injured party became aware of the damage or the enforceability of the penalty and the person liable for it. Concrete example: a client discovers in 2025 that advice from 2023 was defective and caused damage. The limitation period of 5 years then only starts running in 2025. 

In addition to these cases, there are various other different limitation periods.

In most cases, limitation can be prevented by interrupting the period. Interruption means that the running limitation period is broken. Interruption occurs by bringing an action before the court or another act of legal pursuit, by a written demand, by an unequivocal written statement in which the creditor reserves the right to performance, or by acknowledgment of the right by the debtor. The way in which interruption must occur depends on the claim. For a claim for performance of an obligation under an agreement, a written demand or statement is sufficient. For other legal claims, this written demand or statement must be followed within 6 months by bringing an action before the court or another act of legal pursuit. By interrupting the limitation period, a new limitation period begins, with a total maximum of 20 years.

Limitation seems like an abstract legal concept, but in practice it has major consequences. As an entrepreneur, you can lose your right to bring a claim simply by the passage of time. Do you have questions about the subject of limitation, want to know whether your claim is (almost) time-barred, or need help drafting an interruption letter? Then feel free to contact Jarno de Graaf, Corporate Law attorney.

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