Breaking off negotiations: what about liability?
What happens when negotiations suddenly break down? Find out when this may be unlawful and whether you are entitled to compensation for costs incurred.
My debtor won’t pay
Being right and being right are two different things, it is sometimes said. This is not entirely true, but it indicates that a court ruling is far from always considered satisfactory.
Commercial contracts: ‘the assignment contract’ (series 5/5)
In this final article of the 'Commercial Contracts' series, Gentia Niesert, attorney at contract law, discusses the ins and out of 'the assignment agreement’. How does it differ from the building contract and the employment contract, and what provisions do you find in an assignment agreement?
A dynamic incorporation clause remains in place during a transfer of an enterprise
A dynamic incorporation clause relating to a collective bargaining agreement is an agreement in the employment contract whereby the provisions of a collective bargaining agreement, as they will read from time to time (hence the term dynamic), are declared applicable to the employment relationship.
Bill to lift pledge bans
On June 11, 2024, the House of Representatives adopted the Bill to Remove Pledge Prohibitions. As a result of the proposed regulation, it will no longer be possible to agree that receivables cannot be transferred or pledged. This article explains the proposed regulation.
Sick employees; Reintegration second track in SMEs
Suppose your employee has been sick for almost a year. He holds a defining position within your company. You therefore want to appoint a replacement, because it looks like the sick employee will not be able to return to his original position. Is this allowed?
International trade: the CMR Convention
In international trade, it is very important that transport is also well regulated. After all, at least as important as the quality or "conformity" of the goods is that these goods arrive at their destination correctly and on time.
A wind farm kept out of the wind (disadvantage compensation)
Wind energy plays an important role in the context of energy transition. Windmills rise up both on land and at sea. The realization of windmills on land regularly encounters resistance from, for example, local residents or environmental and nature associations.
Scope of collective bargaining: which collective bargaining agreement do I fall under as an employer?
In a previous article, we wrote about the importance of a scope study and avoiding a financial noose. This time, it is the online supermarkets Picnic, Flink, Gorillas, Getir and Hofweb that are facing the collective bargaining agreement Food Industry. In this article, we discuss the judgment of the Central Netherlands District Court dated February 28, 2024, as well as discuss the importance of a scope study.
Indexation of rent by 14.5% in 2023 not unreasonable
Many lessees of commercial space faced indexation of the rent according to the consumer price index (CPI) by a percentage of 14.5% in 2023. Several tenants of commercial space disagreed, and there have since been court cases about this. From the court rulings, the view emerges that indexation of the rent in 2023 by 14.5% is not unreasonable.
