Article 7:128aa Dutch Civil Code, Book 7

Artikel 128aa Burgerlijk Wetboek Boek 7 (BW) – unofficial English translation

Boek 7 · Division 3. Consumer credit agreements relating to immovable things intended for residential use

Paragraph 1

A creditor takes forbearance measures where appropriate before it initiates collection or recovery proceedings or proceedings for an execution sale against a consumer.

Paragraph 2

When taking forbearance measures as referred to in paragraph 1, the creditor takes into account, among other things, the circumstances of the consumer.

Paragraph 3

The forbearance measures may consist of, among other things:

  1. a total or partial refinancing of the credit agreement;

  2. a modification of the existing terms of the credit agreement, which may include, among other things:

    1. extending the term of the credit agreement;

    2. changing the type of credit agreement;

    3. deferring payment of all or part of the repayment instalment schedule for a specific period;

    4. reducing the interest rate;

    5. offering a payment holiday;

    6. partial repayments;

    7. currency conversions;

    8. partial forgiveness and debt consolidation.

Unofficial translation. This English text is an unofficial translation provided for information only. Only the Dutch text is legally authentic: Artikel 128aa Burgerlijk Wetboek Boek 7. Checked against the Dutch text in force on 12 October 2026.

Dutch case law

1 Dutch court ruling cites this article. View the rulings (in Dutch)