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Dutch law

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Our attorneys in the Netherlands are specialists in the field of Dutch law. Our lawyers have a strong reputation regarding disputes and civil court proceedings in the Netherlands, Dutch contract law, liability law, and product compliance and regulation (CE marking). In these areas, MAAK Attorneys is regarded as the leading specialist law firm in the Netherlands for the manufacturing industry. Thanks to our sector-based approach, we are familiar with the legal challenges of all players within the supply chain. This enables us to respond effectively to new regulations, to appreciate new innovations within the sector, and to have a clear picture of the interests of parties. Within each expertise, we have years of experience and are happy to help you further. In need of legal assistance from a contract lawyer in the Netherlands or a litigation attorney in the Netherlands? Feel free to contact us.

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Dutch contract law

Dutch law is a complex and well-structured system that offers legal certainty to individuals and businesses alike. It consists of three branches: the judiciary, legislature, and executive. Dutch law encompasses numerous areas such as civil law, criminal law, labor law, tax law and environmental law – making it essential for anyone doing business or living in The Netherlands to understand this intricate framework.

At MAAK Advocaten in Amsterdam, we represent the interests of both foreign and domestic clients. Commercial and corporate contracting are essential in business transactions; when you require legal counsel who knows Dutch law well as someone knowledgeable about your sector of activity, MAAK Advocaten is here to help.

At our firm, we take a sector-based approach and are delighted to support your national and international ambitions and challenges. Furthermore, our expertise about Dutch laws ensures that entrepreneurs with business partners in the Netherlands understand certain special considerations when negotiating or drafting contracts under Dutch law.

When conducting business with Dutch parties, it’s important to remember that binding agreements can already be made during negotiations and before the contract is signed. Furthermore, language barriers and a different business culture could cause misunderstandings during contract negotiations in The Netherlands – whether it’s for new cooperation or dispute settlement. For more information, feel free to reach out to our attorneys in The Netherlands for assistance.

The Dutch legal system

The Dutch legal system is based on a written code of laws. As such, laws in Holland are determined by written statutes and legal precedents rather than judge decisions. As such, Dutch law has become highly structured and predictable, making it an attractive option for businesses and individuals seeking legal certainty. The three branches responsible for administering justice in The Netherlands are: judiciary, legislature and executive. The judiciary interprets and enforces existing legislation while legislators create or amend existing laws while the executive implements these changes accordingly.

 

Key Areas of Dutch Law

Dutch law encompasses a vast array of areas, such as civil law, criminal law, labor law, tax law and environmental law. Each discipline is regulated by specific statutes and legal precedents.

Dutch civil law encompasses a vast array of matters, such as litigation in commercial contract law, Product Compliance and Regulation, property law, real estate law, liability law and tort law. It exists to safeguard the rights and interests of both individuals and businesses in their dealings with one another. Our attorneys in The Netherlands specialize in these areas of civil law and litigation.

Judiciary in the Netherlands

The Dutch judiciary system is composed of four main levels: the District Court (“rechtbank”), Court of Appeal (“gerechtshof”), Supreme Court (“Hoge Raad”) and Council of State.

The District Court hears most civil and criminal cases at this level; conversely, Court of Appeal hears appeals from District Court rulings. Finally, Supreme Court acts as final appeal court with power to overrule decisions made by lower courts. Lastly, Council of State provides legal advice to government on legal matters while having power to review certain administrative decisions made by these bodies.

The Legislature and executive in Holland

The Dutch legislature consists of two chambers: the House of Representatives and Senate. The former creates and amends laws, while the Senate reviews and approves those passed by the former. To ensure transparency throughout this process, there is a public consultation period during which interested parties can provide feedback on proposed laws. Finally, it’s up to the Dutch executive to implement these laws; consisting of three members: monarch, prime minister and cabinet (although only partly ceremonial). While monarchy plays an important role in government, prime minister serves as head of government appointing members).

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