nakoming

Nakoming is a Dutch legal term that refers to the performance or fulfilment of contractual obligations. It denotes the act of carrying out what was promised in a contract, rather than seeking remedies for non-performance.

Etymology and scope: The word komt from nakomen, meaning to come up to expectations or to meet obligations. Nakoming applies to obligations arising from contracts, quasi-contracts, or statutory duties. In Dutch civil law, parties are expected to perform in good faith and with due care, and to do so in a timely and complete manner, though the assessment may consider reasonableness and feasibility.

Forms of performance: Performance can be exact or substantial. In some cases, substantial nakoming may suffice when it fulfils the essential purpose of the obligation. If the obligation requires full performance, a creditor may insist on complete nakoming; otherwise, partial performance might be accepted or complemented by other remedies.

Breach and remedies: When a party fails to nakom, the other party can seek nakoming (specific performance) or damages for the breach. If nakoming is impossible or disproportionately burdensome, termination of the contract (ontbinding) or substitutional remedies may be available. In some circumstances, a court may order performance or impose penalties to secure compliance.

Legal principles: The assessment of nakoming is guided by principles such as good faith, reasonableness, and proportionality. These principles influence whether performance is considered adequate and which remedies are appropriate.

Relation to other concepts: Nakoming is distinct from breach (tekortkoming) and dissolution; it remains a central concept in Dutch contract and civil law, shaping disputes over how and when obligations are fulfilled.