What is specific performance (nakoming) under Dutch law?

Dutch term: Nakoming | Legal basis: Article 3:296 BW

Specific performance (nakoming) under article 3:296 of the Dutch Civil Code is the right of a creditor to demand that the debtor actually performs its contractual obligations, rather than just paying damages. Dutch law treats specific performance as the primary remedy for breach of contract, not a fallback.

Courts regularly order specific performance and reinforce it with a periodic penalty payment (dwangsom) to compel compliance. The debtor cannot choose to pay damages instead of performing unless performance has become impossible. This makes the Dutch regime more performance-oriented than many common-law systems where damages are the default remedy.

Why it matters for international businesses

For international businesses that need a counterparty to actually deliver, supply or perform rather than just compensate, Dutch specific performance with a dwangsom is one of the most effective enforcement mechanisms available.