claimed declaratory decision and pre-judgment attachments
A recent judgment of the Supreme Court on seizure concerned the interpretation of the so-called claimed declaratory decision after the pre-judgment attachment under Dutch law has been carried out. In this case, a company had left rental payments for an office building unpaid. Subsequently, a prejudgment attachment was levied on the premises of the sole […]
Summary proceedings in the Netherlands
In summary proceedings, the judge issues only a preliminary judgment, not a final decision. This means the ruling is temporary and subject to change during the main proceedings. Consequently, no definitive legal status or rights are established by summary proceedings; a subsequent decision on the merits can differ significantly from the initial ruling. In the […]
Proceedings on the merits in the Netherlands
In the Netherlands, the legal system offers various procedures to resolve disputes, including the ‘bodemprocedure’, which translates to a proceeding on the merits in the Netherlands. This blog article will provide an in-depth analysis of the proceedings on the merits in the Netherlands, comparing them to the expedited procedure called ‘kort geding‘ (preliminary injunction under […]
Conservatory arrest in the Netherlands
The Netherlands has a long-standing culture of conservatory arrest, where individuals are temporarily detained by police in order to prevent further criminal activity. This practice is currently being scrutinized as it has been found that many innocent people are often arrested and held for extended periods of time without due process or justification. Our Dutch […]
Interlocutory Proceedings in the Netherlands
Uncover the strategic power of interlocutory proceedings in the Netherlands, and learn how they can be a game-changer in your legal battles.
Arbitration in the Netherlands
The conditions for the commencement of arbitral proceedings in the Netherlands include the following elements: there must be an agreement between the parties to arbitrate, which may result from a settlement or an arbitration clause in the general terms and conditions; the parties must appoint arbitrators who are independent and impartial; the proceedings must comply […]
Procedural law in the Netherlands
Procedural law in the Netherlands is an important part of civil and criminal justice. It’s a complex subject, but understanding it can be essential for anyone involved with Dutch legal proceedings. As a Dutch legal expert, I’d like to provide some insight into the fundamentals of procedural law in this country. Procedural laws are intended […]
Lapse of a legal claim for damages in the Netherlands
Recently, the Supreme Court in the Netherlands rendered a judgment on product liability under Dutch law that addressed the question of when a hip prosthesis consisting of different parts was “put into circulation”. This question is important in the context of the possible time lapse of a legal claim for damages in the Netherlands from […]
Limitation period in the Netherlands
Under Dutch law, the limitation periods in a civil case 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. In addition, there is an objective limitation period […]
Pre-judgment Attachments under Dutch law
Before executing pre-judgment seizures, a creditor needs approval from a judge of the District Court (in Dutch: “voorzieningenrechter”). The submission for these seizures (in Dutch: “verzoekschrift”) should concisely detail the specific claim being pursued, the assets targeted for attachment, and the anticipated time span for initiating proceedings to assess the claim. Our Dutch lawyers in […]