Articles2024-11-18T09:49:11+00:00

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Our articles on this page discuss relevant issues and recent developments. If you are looking for a specific topic, please use the search function or filter.

How do I substantiate the need for reorganisation?

December 22, 2022|

Support measures have stopped and energy crisis and high inflation are putting many entrepreneurs in financial trouble (again). Starting to reorganise on time can then be a 'must'. But how do you substantiate the need for reorganisation?

Hidden defects: what to look out for?

December 19, 2022|

It happens to almost everyone; you buy a product, car, house, machine, boat or appliance where at first glance nothing seems wrong, but later it turns out that there is a 'hidden defect' to the purchased product. The question is then who is liable. In this article I give examples of hidden defects, explain what the obligations of the buyer and seller are and what one should pay attention to.

How final is the final discharge in termination agreements?

December 6, 2022|

If employer and employee wish to terminate an employment contract by mutual agreement, they sign a termination agreement. A termination agreement often includes a final discharge clause. A final discharge clause ensures that parties do not have to renegotiate rights and compensation after the execution of the termination agreement. But how final is the final discharge clause in a termination agreement?

The summary proceedings in brief

October 3, 2022|

In my previous article, "Receiving a Subpoena? Five points of interest' I discussed five points of interest for studying a subpoena. Among other things, I mentioned that one can be summoned in summary proceedings. In this article, I will take a closer look at "summary proceedings," also known as "emergency proceedings.

Termination of banking relationship by bank

September 6, 2022|

It is increasingly common for banks to terminate a relationship with a customer - sometimes dating back many years. Such termination of a banking relationship can have serious consequences for a business owner. Can a bank terminate a credit relationship? When is it allowed and when is it not? Below is a brief explanation of the background to such termination and the rights and obligations of banks and account holders.

Received a subpoena? Five points of attention

August 23, 2022|

Have you received a subpoena from the bailiff and are you wondering what to pay attention to when studying the subpoena? In this article, we will give you five tips for studying a summons. You can infer a lot from a summons, such as by what date you must respond to the summons, what happens if you don't respond, and whether or not you are required to be assisted by a lawyer.

Reduction of amount for which the director is liable

July 4, 2022|

A director is liable under article 2:248 paragraph 1 of the Dutch Civil Code (BW) to make good the deficit in the bankruptcy if the board has manifestly mismanaged its duties and it is plausible that this was a major cause of the bankruptcy. Based on paragraph 4 of this article of law, the court can mitigate the amount for which the director is liable under certain circumstances.

The wage guarantee scheme: continued payment of wages in the event of the employer’s bankruptcy

June 27, 2022|

The Unemployment Insurance Act includes a scheme that entitles employees to payment in the event of payment problems on the part of the employer. The regulation is also called the wage guarantee regulation. It also regulates which benefits an employee can claim in case of bankruptcy of the employer. In this article I will discuss the main provisions of the wage guarantee scheme that apply in the event of bankruptcy and I will go into a recent judgment of the Supreme Court on this subject.

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