Types of Events That Do Not Require a Summons

In the book "Principles of Engagement Law" written by J.H. Nieuwenhuis, it is explained that there are five types of events that do not require a declaration of default, namely as follows:

1. Debtor Refuses Fulfillment.

The creditor is not obliged to give a reprimand if the debtor refuses to fulfill their obligations, because the summons will not change that attitude of rejection.

2. Debtor Acknowledges Their Negligence.

The debtor's acknowledgment of their negligence can be explicit or implicit, such as when the debtor offers compensation.

3. Fulfillment of the achievement is not possible.

The debtor is considered in default without the need for a summons, if the achievement that must be carried out is no longer possible, for example because the goods that must be handed over have been lost or destroyed.

4. Fulfillment No Longer Means Anything (Zinloos).

A summons is not needed if the debtor's obligation to give or do something can only be done within a certain period of time, which has passed, such as for example wedding clothes or a coffin that is handed over after the wedding or funeral no longer has any meaning.

5. Debtor Performs Achievement Improperly.

In the event that the debtor does not fulfill their obligations properly, the creditor does not need to give a summons and can immediately declare the debtor in default.