Summary Proceedings Archieven - Hupkes cs advocaten

Dutch Civil Litigation

In the Netherlands most cases begin in the district court (“rechtbank”). Appeals against decisions of the district court can be heard at one of the four high courts (“gerechtshof”). Above the high courts is the supreme court, the High Council of the Netherlands (“Hoge Raad”) Summary proceedings In the Netherlands, “summary proceedings” is a popular procedure intended to quickly provide clarity regarding legal disputes. Just as in other countries, court cases can take a long [...]

Hupkes advocaten2022-08-17T17:56:46+01:0020 April 2020|Appeal, How To, Summary Proceedings|

How do you get rid of a bank account preservative attachment?

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.

Hupkes advocaten2022-08-19T11:39:11+01:008 April 2018|Appeal, How To, Preservatieve Attachment, Summary Proceedings|

Can you transfer a property to the notary against someone’s wishes in the event of partition?

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?

Hupkes advocaten2022-08-19T11:39:54+01:002 April 2018|Disputes about Residential Property, Division of Co-owned Property, Summary Proceedings|

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 [...]

Hupkes advocaten2022-08-19T11:47:59+01:006 March 2017|Dismissal, Summary Proceedings|