Limitation period under Dutch law
Under Dutch law, limitation periods in civil cases are regulated as follows: there is a subjective limitation period of five years, starting from the day after the day on which the injured party became aware of both the damage and the person liable for it. There is also an objective limitation period of 20 years […]
The invalidity of a contract under Dutch law
If you operate with a subsidiary in the Netherlands or enter into contracts with Dutch business partners, there are some differences to other legal systems. Not only the language barrier and intercultural differences, but also different legislation. It is therefore always advisable to consult a specialist lawyer in the Netherlands. In the following article, our […]
Contract amendment under Dutch law
As attorneys in the Netherlands specializing in contract law, we often receive the question of whether and how contracts can be adapted or amended. If, due to unforeseen circumstances, a contract is no longer up to date and one party suffers a disadvantage for this reason, an adjustment or amendment of a contract is an […]
Withdrawal from a contract under Dutch law
As Dutch contract attorneys in the Netherlands, we often advise clients on whether they should withdraw from a contract under Dutch law, what the chances of success and risks are and whether another legal remedy would be more appropriate. After discussing possible alternatives with the client, a declaration of withdrawal can be drawn up and […]
Termination of a contract under Dutch law
Contracts form the backbone of business transactions, but what happens when things don’t go as planned? Under Dutch law, terminating a contract isn’t always straightforward. This article will guide you through the essentials of the termination of a contract under Dutch law, ensuring your well-equipped to navigate these waters. What Triggers Contract Termination in the […]
Claims for damages under Dutch law
Are you an entrepreneur with business partners in the Netherlands and have you suffered financial damage as a result of a culpable violation of the law? Claims for damages under Dutch law differ from the Common law system. The Dutch law on damages regulates whether and to what extent you can assert claims. Is there […]
Contractual penalties under Dutch law
Many contracts contain so-called penalty clauses to safeguard contractual obligations. Such contractual penalties under Dutch law aim to impose mutual penalties on the contracting parties if a certain breach of duty occurs. Such clauses generally stipulate a monetary amount to be paid, i.e. a contractual penalty, which the party committing the breach of contract […]
Failure to fulfil obligations in the Netherlands
In this post, the English-speaking lawyers for Dutch contract law of MAAK Advocaten deal with the topic of termination of a contract under Dutch law and in particular the aspect of such termination due to breach of contract. A failure to fulfil obligations in the Netherlands has not the same remedies for a claiming party […]
Non-performance of contractual claims under Dutch law
The right to performance is one of the core issues of Dutch contract law, after all, this right coincides with one of the fundamental principles of contract law, the binding nature of an agreement. In the following article, our attorneys in the Netherlands of MAAK Advocaten explain the subject of non-performance of contractual claims under […]
Breach of contract
Breach of contract Breach of contract is under Dutch law a legal cause of action and a type of civil wrong in the Netherlands, in which a binding commercial agreement is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance. Breach of contract […]