Right of retention of title under Dutch law

Right of retention of title under Dutch law

Article 3:92 of the Dutch Civil Code states that if a retention of title is agreed upon, the seller retains legal ownership of the goods until the buyer has paid the full agreed price. This ensures the seller’s ownership until complete payment. When it comes to commercial transactions, understanding the concept of retention of title […]

Competition Issues with Distribution and Agency Agreements in the Netherlands

Competition issues under distribution and agency law in the Netherlands

Distribution and agency agreements in the Netherlands are subject to Dutch and European competition laws that aim to prevent anti-competitive practices. Here are the key points regarding competition issues with such agreements: Dutch and EU competition laws aim to prevent anti-competitive practices in distribution and agency agreements, with exemptions and specific rules depending on the […]

Digital Service Act

Digital Service Act

Since 17 February 2024, the Digital Services Act (DSA) has extended its reach to encompass medium-sized and smaller online platforms. This expansion of the DSA’s scope introduces new obligations aimed at protecting users’ fundamental rights and fostering a safer online environment. In this article, our Product Compliance Attorneys in the Netherlands delve into the implications […]

New open-ended distribution agreement under Dutch law?

New open-ended distribution agreement under Dutch law?

In a recent decision of the District Court of Gelderland, the issue was whether the parties had an exclusive distribution agreement for a limited period or a (non-exclusive) distribution agreement for an indefinite period, and the benchmarks for the termination of an ongoing service agreement were also briefly outlined. Our Dutch distribution lawyer discusses the […]

Contract Interpretation under Dutch law: The High Court’s Latest Verdict

Contract Interpretation under Dutch law: The High Court's Latest Verdict

In the dynamic world of commercial contracting, the Dutch High Court’s decision on August 25, 2023, has sparked widespread discussion and commentary. This landmark ruling revisits the foundational “Haviltex” criterion, a cornerstone for interpreting contractual actions. The decision has piqued the interest of legal professionals across the Netherlands, reaffirming the Haviltex criterion’s pivotal role in […]

New! Seminar: commercial contracting

Seminar Commercial Contracting

On Thursday 25 April, MAAK Advocaten is organising the Commercial Contracting Course for the business community. With a select group of CEOs, contract managers and other decision-makers, lawyer Remko Roosjen will discuss the most important do’s & don’ts in contracting, also internationally, from a practical perspective. We will discuss the formation phase, the content of […]

Contract Non-Renewals under Dutch law

Contract non-renewals under Dutch law

Disputes over non-renewals can lead to litigation. Courts examine the contract terms, parties’ conduct, and applicable laws to determine the outcome. Real-life examples, such as a business facing the unexpected termination of a crucial agreement, illustrate the potential complexities involved. A ruling by the Netherlands Commercial Court (NCC) on July 5, 2023, provides insights into […]

Contract attorney in Amsterdam

Remko

Our Dutch contract attorney Remko Roosjen is specialist for contract law drafts commercial agreements, reviews contract proposals, negotiates terms, and protects your interests in contract disputes. As a Dutch contract law lawyer, Remko advises on risk management, liability issues, and ensures legally sound arrangements under Dutch contract law principles. As an experienced Dutch contract law […]

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