Article 7:23 Dutch Civil Code, Book 7

Artikel 23 Burgerlijk Wetboek Boek 7 (BW) – unofficial English translation

Boek 7 · Division 3. Special consequences of non-performance of the seller's obligations

Paragraph 1

The buyer can no longer invoke the fact that what has been delivered does not conform to the contract if he or she has not notified the seller thereof within a reasonable time (binnen bekwame tijd) after he or she discovered it or ought reasonably to have discovered it. However, if the thing proves to lack a quality which, according to the seller, it possessed, or if the deviation relates to facts which the seller knew or ought to have known but did not disclose, the notification must be made within a reasonable time after the discovery. In a consumer sale, the notification must be made within a reasonable time after the discovery, a notification within a period of two months after the discovery being timely.

Paragraph 2

Rights of action and defences based on facts that would justify the assertion that the thing delivered does not conform to the contract are time-barred on the expiry of two years after the notification given in accordance with paragraph 1. However, the buyer retains the entitlement to raise, against a claim for payment of the price, his or her right to a reduction thereof or to damages.

Paragraph 3

The period does not run as long as the buyer cannot exercise his or her rights as a result of intentional conduct of the seller.

Unofficial translation. This English text is an unofficial translation provided for information only. Only the Dutch text is legally authentic: Artikel 23 Burgerlijk Wetboek Boek 7. Checked against the Dutch text in force on 12 October 2026.

Dutch case law

671 Dutch court rulings cite this article. View the rulings (in Dutch)