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DOSSIER 64294 · VOLEWIJKSCHOF 10 · 9 OCTOBER 2026

The Waiver Asked, and the Position Held

Zuidweg & Partners have confirmed in writing that both tenants are liable for the rent arrears on Volewijkshof 10. With the ground won, what is asked next is the right itself: a declaration, signed by both parties, in which each gives up the mutual right of recourse. This is the record of what was asked, what it would mean, and where the position stands.

WHAT WAS ASKED
"Voordat wij dan verder kunnen werken richting een voorstel dient u onderling een verklaring op te stellen en te ondertekenen waarin u beide afziet van het onderlinge regresrecht. Dit, zodat er onderling geen betaling kan worden teruggevorderd van het bedrag dat de andere partij te veel heeft betaald aan de schuldeiser."

mw. Lenny van de Poll · Zuidweg & Partners · 9 oktober 2026

WHAT IT TOUCHES

The waiver touches the onderlinge draagplicht: how the rent burden is divided between the two tenants themselves. Under art. 6:10 BW, recourse is the path by which one co-debtor recovers from the other the part the other should have borne. To waive that right is to give up that path. The draagplicht itself has never been established in this dossier — and the instrument built to establish it, The Months Carried Alone, is still empty.

WHAT IT WOULD MEAN
  • — The full claim of € 42.530,97 stays counted as a debt in W. Sadat's own trajectory, including the share properly attributable to the other party.
  • — The file closes cleanly toward a proposal, and the share between the two is never established.
  • — The instrument built to answer exactly this question is emptied of its purpose before it is ever used.
THE ORDER

Ground first: both are liable, confirmed by the lease of 22 February 2017 and by Zuidweg on 9 October 2026. Then the share between the two. Only then any waiver. A waiver signed first gives up a right before the right has been given its content.

THE POSITION

Not signed, and asked about first, in writing. Three questions go to Zuidweg:

1.
On what ground is a mutual waiver of recourse made a precondition to the trajectory?
2.
If recourse is waived, does the whole amount stay in the writer's own debt, including the other party's share — and how does that sit with her position if she too is in a trajectory?
3.
Who are the "mogelijk ook anderen", and on what ground are they named?

A draft declaration has been requested, so its content can be read before signing — and read by someone other than the party asking for the signature. The declaration asks the signature of both parties; the trajectory therefore waits on both, not on the writer alone.

TWO REGISTERS, KEPT APART

The house: Volewijkshof 10 — the matter, the address, the legal reality. The household: the amanah, what lives in the house. Keep them apart and each stays clean — no word of the child enters the debt file, and no figure of the debt enters the child's matter.

WHAT STAYS OUT OF THIS

The writer's own debt toward the other party — material and immaterial — is kept out of this matter. The rent claim and that personal debt are not set against one another. Nothing here is done to bend the law toward anyone: the ground is stood, and the heat is stood with it.

STATUS · HELD · RECORDED 9 OCTOBER 2026 · FILED IN DOSSIER 64294