What is a right of recourse (regresvordering) under Dutch law?

Dutch term: Regresvordering | Legal basis: Article 6:10 BW

A right of recourse (regresvordering) under article 6:10 of the Dutch Civil Code is the right of a jointly liable debtor who has paid more than its internal share to recover the excess from the other debtors. It arises automatically when one of several jointly liable parties satisfies the creditor's claim in whole or in part.

The internal allocation between the debtors is determined by their respective responsibilities, as agreed in the contract or as determined by law. If no specific allocation exists, the debtors share equally. The right of recourse includes interest from the date of payment by the paying debtor.

Why it matters for international businesses

In supply chain liability and group guarantee situations, the right of recourse determines who ultimately bears the economic cost of a claim. Proper contractual allocation of internal liability is important.