Challenging Penalty Clauses in the Netherlands
Challenging a penalty clause in the Netherlands is possible when its application leads to a disproportionate and unacceptable result under Article 6:94 of the Dutch Civil Code. Courts moderate penalties when fairness clearly demands it, considering the relationship between actual damages and penalty amount, negotiation room, and contractual freedom between parties. Penalty clauses in the […]
How Do You Know Which Terms and Conditions Apply under Dutch law?
When both parties declare their own general terms and conditions applicable, the first shot rule determines which terms govern. The terms and conditions declared applicable first remain valid unless the second party explicitly rejects them according to Article 6:225(3) of the Dutch Civil Code. In business transactions, entrepreneurs regularly reference general terms and conditions when […]
Dutch yachting lawyer
+31 (0)20 – 210 31 38mail@maakadvocaten.nl +31 (0)20 – 210 31 38e-mail Sander van Someren Greve Dutch Yachting Lawyer Sander is a Dutch yachting lawyer, specialized in boat disputes in the Netherlands. He resolves complex maritime conflicts arising from yacht purchase, construction or repair, combining Dutch legal expertise with personal affinity for the maritime sector […]
Battle of Forms in General Terms and Conditions Under Dutch Law: How Does It Work?
Battle of forms occurs when both contracting parties reference their own general terms and conditions during negotiations. Article 6:225(3) of the Dutch Civil Code determines that the first reference prevails, unless the second party expressly rejects the first general terms and conditions. This first shot rule protects the party who declares their terms applicable first. […]
How Does Early Termination of Commercial Agreements Work Under Dutch Law?
Early termination of commercial agreements under Dutch law is possible under Article 7:408 of the Dutch Civil Code when you are the principal, provided a reasonable notice period is observed. For other contract types in the Netherlands, the contractual terms, nature of the agreement, and principles of reasonableness and fairness (“redelijkheid en billijkheid”) determine available […]
Drafting an Agreement under Dutch Law: What Should You Consider?
Drafting a legally binding agreement under Dutch law requires careful attention to core principles such as offer and acceptance, reasonableness and fairness, and clear identification of parties and obligations. A solid contract protects your commercial interests and prevents costly disputes through transparent agreements on performance, payment, liability, and termination. Dutch legislation recognizes extensive freedom of […]
What is Dutch Media Law?
Media law encompasses all legislation and regulations governing the production and distribution of information through newspapers, television, radio, and the internet. It regulates the balance between freedom of expression and protection of privacy, honor, and reputation, integrating multiple legal domains including copyright law, portrait rights, and privacy legislation. Our Dutch media lawyer explains the most […]
What is breach of contract under Dutch law?
Breach of contract under Dutch law occurs when a party fails to fulfill contractual obligations properly, timely, or completely, where this failure is attributable to the debtor. According to Article 6:74 Dutch Civil Code, breach of contract creates liability for damages unless the failure cannot be attributed to the debtor. Breach of contract arises when […]
What Do Dutch Lawyers Specialized in Entertainment Law Do?
Entertainment lawyers in the Netherlands advise and litigate on legal matters in the media, music, film, and events industry. Our Dutch entertainment attorneys in Amsterdam negotiate contracts, protect intellectual property rights, and act against unlawful publications for both creators and operators. Our Dutch entertainment law practice encompasses a broad range of legal services for artists, […]
How Do EUDR and CBAM Impact the Use of Incoterms®2020?
The EU Deforestation Regulation (EUDR) and the Carbon Border Adjustment Mechanism (CBAM) represent a fundamental shift in international trade compliance. These regulations do not directly alter the definitions of Incoterms®2020 published by the International Chamber of Commerce. However, they create substantial indirect consequences for selecting the appropriate Incoterm and structuring contractual arrangements. What is the […]