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 […]
Assignment of a claim under Dutch law
Our Dutch English-speaking attorneys will inform you about how you can assign or transfer claims, ancillary rights, and contracts under Dutch law and what an assignment of a claim under Dutch law means for you as a debtor. An assignment in the legal sense is when one person (assignor) transfers a selected claim to another […]
Force Majeure in the Netherlands
If two or more contracting parties wish to make contract adjustments due to force majeure in the Netherlands, the contract terms must be redefined. Under Dutch law, the statutory provisions on force majeure automatically apply to all agreements concluded under Dutch law. However, the parties may include an express clause if they wish to override […]
Creditor protection under Dutch law
Dutch law contains many provisions on creditor protection under Dutch law. In this blog, our Dutch attorneys discuss the so-called ‘Actio Pauliana’ under Dutch law for annulment, which can be used to contest transactions concluded to the detriment of one or more creditors. Under Dutch law, an act performed by a debtor can be declared […]
Corona and commercial contracts
The measures taken by the Dutch government to combat the Corona pandemic have had an impact on the fulfilment of trade agreements in the Netherlands. Foreign entrepreneurs in the Netherlands were and still are affected. In times of Corona and even long after, for example, delivery problems caused by legal measures can raise many (legal) […]
Tort under Dutch law
A tort under Dutch law (usually referred to in the English system) is a civil wrong between private individuals. In different legal systems it may be known as a delict (for example, in Scotland). Torts concern non-contractual obligations as there will be no contractual relationship between the parties involved and can result in legal liability. […]
Limitation of liability under Dutch law
Under Dutch law, the entrepreneur can limit or effectively exclude his liability in a commercial contract, or in the General Terms and Conditions for indirect damage (consequential damage). However, such a limitation of liability under Dutch law is not possible under all legal systems. The background to this is that liability for compliance with the […]
Doing business in the Netherlands
With an educated workforce, tax incentives, and a business culture that values punctuality and straightforward communication, the Netherlands is a promising place for expansion. However, to tap into the Dutch market, you’ll need to grasp the specifics – from setting up a BV to understanding the startup ecosystem. So, are you ready to explore this […]
Shareholders meeting in the Netherlands
A corporation has two statutory bodies: the board of directors and the general meeting of shareholders. The partners’ meeting consists of all partners involved. As a partner in a corporation, you are entitled not only to a share of the profits, but also to voting rights during the shareholders meeting. During this meeting, the partners’ […]