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In the Netherlands banks have a duty of care for their own clients, and also for third parties who do not bank with them. Under this case law victims of fraud or scams can in certain cases claim damages from the perpetrator’s bank. Banks’ duty of care Under the Dutch civil legal system banks have a duty of care for their own clients, account holders and investors. Case law from the highest court, however, takes [...]
A seller can suffer considerable damage if a buyer dissolves the purchase contract. Termination is not always possible and not always valid. What are the pitfalls for buyers when invoking a financing reservation, and what can a seller do to claim damages if the sale is canceled incorrectly? The seller usually claims 10% of the purchase price, the cancellation penalty, but can also recover the entire damage or prefer fulfillment.
Suppose that your company has done business in the Netherlands. You have bought a machine, have done a delivery or you have given a different order. The arrangements have clearly been outlined in a contract, in e-mails or in a different way. You have received an invoice and paid it. Now you are expecting a delivery from the Dutch company, but the product does not arrive. What to do now? Contracts have to be honoured. [...]
Seizure on a bank account is quite a nuisance for the person it affects. This certainly applies if the bank sets aside the entire balance of the account, while the stake in the legal dispute is lower than the balance. What is a quick solution to clear the bank account? In legal practice, a lot of work is done with depositing security into a third-party account of a lawyer. This warranty is equivalent to attachment.
In the case of joint ownership, a person may be legally obligated to cooperate in dividing ownership of a home, but may not do so or may not want to, or the person may be lost or unreachable. What can be done about this legally?
A home may be jointly owned, for example, in a marriage or in cohabitants who each own half. If the relationship breaks up or a divorce is filed, one party may have an interest in selling (because of the proceeds) and the other may have an interest in delaying the sale. How is this regulated by law?
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.
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?
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.
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?
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 [...]
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?
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 [...]
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 [...]