What does undue payment mean?
Undue payment is an important term from the Dutch Civil Code (BW). The term can be used by a plaintiff in a lawsuit as a basis for ordering the other party to pay a sum of money.
Can the neighbor build on his garden?
A sunny garden in the city is enjoyable. Others prefer more living space: they want to build up their garden. That's bad,news for the neighbor who prefers sunlight and daylight. Is such an extension unlawful and can you stop the construction through the courts? How will the courts decide, what is the role of the zoning plan, and does the architectural value of the building complex count?
Second Opinion
Before you decide to appeal, you want to know what your chances are. That is why we offer you a second opinion on your case at the court. Before you decide to appeal, you want to know what your chances are. That is why we offer you a second opinion on your case at the court. We then look at the chance of an appeal, but also at the approach of the case to the [...]
I have received a settlement agreement from my employer. What now?
An employment contract can end in several ways. This is the case, among others, when an employer and an employee enter into a settlement agreement. But what should be in such an agreement? And what are your rights and obligations? You can read more about that in this blog.
How do you get your salary if your employer is obliged by UWV to continue paying wages for a longer period?
If an employee becomes ill, the employer must pay the salary for up to 2 years. If the employee is still ill after 2 years, the employee can apply to the UWV for disability benefit (WIA). Sometimes the UWV will not yet process this application because the employer has not fulfilled his obligations. UWV then decides that the wage payment obligation will be extended. So what should an employee do? How do you ensure that you still receive your salary?
Dutch Rental & Property Law
We are specialists in matters of property. We help tenants and landlords, owners, sellers and other interested parties. Residential rentals Dutch law provides strong protection for tenants of independent living space. A landlord cannot simply terminate a rental contract. Termination due to breach of contract can only be determined by a judge. Fixed-term rental is not impossible, but the contract must fulfil the relevant requirements. Sadly, sometimes expats are presented with invalid contracts because they [...]
Can you file for the bankruptcy of a “Limited” in the Netherlands?
Dutch entrepreneurs can set up a foreign legal entity such as the English "Limited" (Ltd.) with which they are only active in the Netherlands. Sometimes it concerns entrepreneurs with a history of fraud or bankruptcy, who - not for the first time - do not fulfill their obligations. What if you have money from such a limited and the company does not pay? Can you go to the Dutch court to file for bankruptcy or do you have to conduct expensive proceedings abroad?
Dutch Insolvency Law
It is possible that a Dutch court can declare an English limited company, a Belgian BVBA or a German GmbH bankrupt. It is said that capitalism was invented in The Netherlands. The first multinational in history was the VOC, the Dutch East India Company. The VOC was also the first company listed on the stock exchange. The shares were traded on the oldest stock exchange in the world, the Amsterdam Beurs. What not so many [...]
Dutch Debt Collection
We are specialised in collection procedures. We handle claims both on businesses and on individuals. Our office provides the possibility of agreement on a fixed fee for our services in collection procedures. Demands If a claimant instructs us to collect a debt they have usually already sent demands for payment and attempted to obtain settlement themselves. Many debts are paid as soon as the debtor receives a demand from a lawyer. The debtor realises that [...]
Dutch Contract Law
Dutch law also includes the possibility that contractual obligations are not recognised under the law itself. An agreement to break the law, for instance, is not valid and cannot therefore be enforced by a judge. Such a situation seldom arises in professional contracts between businesses, but nevertheless it is advisable to seek legal advice if there is a lot at stake. In the Netherlands verbal agreements are just as valid as written contracts, although it [...]
Debt Rescheduling Act and Alimony
If you are in debt restructuring, you do not have the means to pay alimony. If your ex-partner does not cooperate with a reduction (zero reduction), you must go to court.
Can you go into debt restructuring if your house hasn’t been sold yet?
According to the Amsterdam Court of Appeal, the requirement that the house must first be divided or sold, which is made by the debt relief agency, should not be made at all. Even with an unsold home, you can go into WSNP.
Your employee no longer pays a health care premium. What now?
If someone does not pay a health care premium for six months, he or she is registered as a defaulter with the Dutch Care Institute. From that moment on, the so-called defaulter must pay an administrative premium to the Dutch Health Care Institute. This administrative premium is higher than the health care premium and replaces the health care premium to the health insurance company.
Tackling a scammer (part 2): compensation
We have received many positive responses to our article on tackling scammers dated April 2, 2016. Most of the responses came from people who have been victims of a scammer. We also received many questions about the legal means that a lawyer can use to recover the damage from a scammer. The article was about tackling scammers through civil courts. Words like “fraud” and “fraud” are not in the Civil Code. So what are the tools we use to recover money from a scammer in a lawsuit? In this article we give a look into our kitchen. This is how we work if we summon a scammer and arrange compensation for you.