Choice of law: Dutch law in international contracts
In today’s increasingly interconnected global market, businesses regularly engage in cross-border agreements. Selecting the applicable law, fir examplke Dutch law, is a crucial step that significantly influences these commercial agreements’ effectiveness and reliability. But why is this choice of law so impactful, and what distinct advantages does Dutch law offer businesses seeking clarity, certainty, and […]
Default, Default Judgment, and Opposition under Dutch Law
Whether you’ve received a Dutch writ of summons or are involved in a legal dispute under Dutch law, it’s essential to understand the legal terms and processes involved. As a Dutch lawyer, I often encounter confusion surrounding the concepts of default, default judgment, and opposition. These concepts are critical for anyone involved in legal disputes […]
Dutch Jurisdiction in International Disputes
International disputes often raise challenging legal questions. One of the first issues that arises is: Which court has jurisdiction? Is the Dutch court competent, or should the case be brought before a foreign court or tribunal? The answer to this question can have far-reaching consequences, affecting the legal strategy, costs, and enforcement of judgments in […]
Legal opinion on Dutch law
At MAAK Advocaten, we understand the critical role that a well-crafted legal opinion plays in ensuring the success of your ventures. Whether you’re dealing with mergers and acquisitions, cross-border investments, or civil litigation, a legal opinion can be the difference between smooth sailing and unforeseen legal risks. In this blog, we’ll explore what a legal […]
Rescinding a contract under Dutch law
Rescinding a contract under Dutch law, also known as setting aside a contract, is governed by articles 6:265 DCC to 6:277 of the Dutch Civil Code. This remedy allows a party to terminate a contract due to the other party’s failure to perform their obligations. Key aspects of rescinding a contract under Dutch law It’s […]
Substantive proceedings in the Netherlands
A substantive procedure in the Netherlands is a civil procedure that is initiated to definitively settle a dispute between parties. Substantive proceedings, also known as proceedings on the merits or “bodemprocedure” in Dutch, are a type of civil legal procedure in the Netherlands used to settle disputes where one party contests a claim on arguable […]
Hardship Clause Under Dutch Law
In the Netherlands, we have an equivalent on so-called Hardship Clauses under Common law. A Hardship clause under Dutch law can be found with so much in Article 6:258 of the Dutch Civil Code (“DCC” or “BW”). This Dutch article of law offers the possibility to change the consequences of a contract or to dissolve […]
Commercial Litigation in the Netherlands
Delving into Dutch commercial law, will the Netherlands Commercial Court recognize your foreign-issued contracts, or will your case hit a dead end?
Non-Compete Clauses in Dutch Commercial Agency Contracts
Non-compete clauses are common provisions in commercial agency contracts under Dutch law. They are designed to protect the principal’s business interests by preventing an agent from engaging in competing activities after the termination of the agency agreement. However, these clauses are not without restrictions. In the Netherlands, strict legal requirements determine when and how such […]
Force Majeure Under Dutch Law
Force majeure under Dutch law (in Dutch: “overmacht“) in the legal context refers to a situation in which a party cannot be held liable for a failure in the performance of an obligation, because this failure cannot be attributed to that party. According to Article 6:75 of the Civil Code, force majeure exists when the […]