What is joint and several liability under Dutch law?

Dutch term: Hoofdelijke aansprakelijkheid | Legal basis: Articles 6:6-6:14 BW

Joint and several liability (hoofdelijke aansprakelijkheid) under articles 6:6 to 6:14 of the Dutch Civil Code means that each debtor is individually liable for the full amount of a shared obligation. The creditor can claim the full amount from any one of the jointly liable debtors, regardless of the internal allocation between them.

The debtor who pays more than its internal share has a right of recourse (regresvordering) against the other debtors for their respective shares. Joint and several liability can arise by law (for example, directors under article 2:248 BW in bankruptcy) or by contract (guarantees, partnership obligations, multi-party supply contracts).

Why it matters for international businesses

In supply chain contracts and group guarantee structures, joint and several liability is a powerful creditor protection mechanism.