nietleverbare

Nietleverbare is a Dutch adjective describing goods, assets, or obligations that cannot be delivered as specified in a contract. The term stems from leverbaar, meaning deliverable, with niet indicating that delivery is not possible, feasible, or allowed under the given circumstances.

In practice, nietleverbare can be used in contract law, commodity trading, real estate, and finance to indicate a delivery failure or a lack of feasibility for the agreed delivery. In commodity and energy markets, it may apply to physical delivery that cannot take place due to shortages, logistical constraints, regulatory restrictions, or capacity limits. In finance, contracts that are cash-settled or not physically deliverable—such as non-deliverable forwards—are often described as nietleverbaar.

Common causes include insufficient inventory, transport or storage limitations, prohibitions or sanctions, and force majeure events that make fulfillment impossible. When a contract is nietleverbaar, parties typically seek remedies such as cash settlement, substitution of delivery with an alternate commodity or location, renegotiation of terms, termination of the contract, or damages.

The concept contrasts with leverbaar, where delivery according to the contract is possible and expected. In many markets, standard terms specify how to handle nietleverbare deliveries, including timelines for notice, procedures for substitution or cash settlement, and risk allocation. This ensures clarity and reduces disputes when physical delivery cannot be achieved.

See also: force majeure, cash settlement, non-deliverable forwards, deliverable vs non-deliverable contracts.