tegenprestatie

Tegenprestatie, in Dutch civil law, is the reciprocal obligation that each party owes in many contracts. It refers to what a party provides in exchange for the other party’s performance. In a bilateral contract, one party’s tegenprestatie is the other party’s performance, and vice versa. The concept is a core feature of commercial and private agreements, shaping how obligations are balanced and enforced.

The tegenprestatie can take various forms, most commonly money or goods, but also services or even forbearance. Examples include a purchase contract, where the buyer’s payment is the tegenprestatie for the seller’s delivery of goods; an employment contract, where work performed by the employee is exchanged for wages; and a lease agreement, where the tenant’s payment grants the right to use a property. The timing of performances can be simultaneous or sequential, and contracts may include conditions that affect when or whether performances are due.

Tegenprestatie is typical for bilateral contracts, but it is not an absolute requirement for all agreements. Contracts such as donations or unilateral promises may lack a reciprocal obligation and thus represent different forms of legal obligations. In Dutch law, the presence and nature of the tegenprestatie help determine the contract’s validity and the remedies available in case of non-performance, including questions of breach, non-conformity, and termination.

In summary, tegenprestatie describes the exchange at the heart of many contracts: each party commits to perform in return for the other party’s performance, with the form and timing of that exchange varying across contract types.