Monthly Archives: May 2015

No penalty payments in combination with an order for the payment of a fine…

boxTon Jongbloed

The judicially imposed penalty payment on a party not complying with a court order (dwangsom) was introduced in the Dutch Code of Civil Procedure in 1933. Through the rejuvenation in 1978, the regulation of the penalty payment is now equal in Dutch, Belgian and Luxembourg law. The topic of the penalty payment is closely linked to the Molengraaff Institute for Private Law in Utrecht. Professor S.N. van Opstall (professor from 1 March 1955 until 1 September 1971) gave his inaugural lecture titled, ‘Some comments about the penalty payments’ and wrote a preliminary advice for the Association for the comparative study of the laws of Belgium and the Netherlands in 1961 concerning the rules of the penalty payment in Dutch law. I myself have been interested in the indirect means of enforcing a judgment for years. Initially I wanted to dedicate my dissertation to this topic (but it was already claimed by a lawyer from Amsterdam who, in the end, never seriously worked on the topic) and later I wrote articles, books and case notes about it. Continue reading