The contractual penalty as a big stick
It regularly happens that contracts contain a penalty clause. The purpose of a penalty clause is often twofold: on the one hand, an (additional) incentive to perform and, on the other, a way to fix in advance the extent of the damage suffered by the creditor if the debtor does not fulfil his obligations. In […]
Contracting authority must now give all documents to judge
Litigating against the outcome of a tender becomes easier: contracting authorities will now have to give all tender documents, including competitors’ bids, to the court. Losing in a tender is never fun. A tender is often well prepared and involves a lot of time and calculations. The outcome is even harder to digest when, as […]
Nature permit farmers can’t just revoke
In the nitrogen crisis it is still unclear what the nitrogen emissions of various sectors, such as industry, are. As long as this is not clear, nature permits granted to farmers for nitrogen emissions should not be revoked just like that. The current nitrogen problem is the result of commitments made by the Netherlands at […]
Day of Divorce | September 10, 2021
The annual Day of Divorce will take place on Friday, Sept. 10. This year’s theme is Boundless Divorce, focusing on how cultural differences can affect a divorce. Our family law specialists are familiar with the influence of various cultures in a divorce situation. They can also portray this well during a mediation process. This is […]
Pigs in Distress ruling: important milestone
The Pigs in Distress ruling by the European Court of Justice (CJEU Jan. 14, 2021, ECLI:EU:C:2021:7) has opened the door to wider participation in proceedings where the environment and the surrounding area are at stake. This new line is rapidly leading to new rulings that further expand access to justice. For example, those who have […]
Update: Corona and alimony obligation IV: temporary reduction of partner alimony
On July 8, 2021, the Court of Appeal of ‘s-Hertogenbosch granted a temporary reduction in partner alimony due to the effects of the corona crisis. The husband works as a truck driver in road construction and, as a result of the corona crisis, can no longer work overtime as of December 1, 2020. The husband’s […]
Profiting from someone else’s default in rent law
Sale does not break a lease In rental law, if the owner sells a leased property, the lease remains in place. The tenant’s rights then remain unchanged. The main rule “buy does not break a lease” articulates this system. This rule may be unattractive to a buyer of a leased property. After all, the latter […]
Temporary law on transparency turboliquidation
On June 28, the preliminary draft “Temporary Act on Transparency Turboliquidation” was released for consultation. This bill aims to (temporarily) amend the regulations on turboliquidation. The amendments concern the introduction of a financial accountability obligation for directors and the possibility to impose a civil-law management ban in case of abuse. The consultation deadline is July […]
Europeanization and legal protection
By the VAR Administrative Law Association established a committee more than four years ago that was tasked with describing the (expected) impact of the general administrative law rules and principles being developed at the European Union level on the theory and practice of Dutch general administrative law. This Committee on Europeanization of General Administrative Law […]
Legal cooling-off period when buying your home; when to buy, when not to buy?
What about the reflection period when buying a home? You have managed to get your hands on a property. The ink on the purchase agreement is not yet dry, or you regret it. What if the technical condition of the house is not what you expected? Or what if, on second thoughts, you think you […]