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Opinion of the Attorney-General: lessees of business premises are entitled to a rent reduction because of the corona pandemic

admin2021-10-25T12:04:52+00:00October 25, 2021|commercial property and investment, enterprise and real estate, news, posts, specialist areas|

In a case concerning the question whether a lessee of business premises is entitled to a rent reduction because of the coronapandemic, the Subdistrict Court of Roermond asked the Supreme Court preliminary questions on March 31. The answer to these questions is important for legal practice, because the answers from the Supreme Court will also give other tenants and lessors of business accommodations something to hold on to when solving concrete cases.

When does a commercial agreement become a legally binding agreement?

admin2023-02-13T14:34:13+00:00October 21, 2021|enterprise and business, international, news, posts, specialist areas|

It may be that your commercial enterprise was still negotiating the terms of a commercial contract and the negotiations did not result in an agreed written contract. At least that is what you thought until you received an invoice.

Qualification of the employment relationship: management agreement or employment contract?

admin2021-10-11T11:43:24+00:00October 11, 2021|employees, news, posts, specialist areas|

The qualification of an employment relationship is of great importance. It determines which rights and obligations the parties have towards each other. The relationship between employer and employee is very different from the relationship between client and contractor. If possible, it is wise to make as clear as possible an agreement about the relationship. This prevents problems in the future. But what if the parties have a different opinion about the qualification of the employment relationship?

Non-competition clause for commissioned workers and the prohibition on obstructing competition

admin2021-09-13T14:50:20+00:00September 13, 2021|employees, news, posts, specialist areas|

In the assignment contract between the client and the contractor, a non-competition clause can be agreed - just as with employers and employees - so that the client can protect its business interests when the relationship with the contractor ends.

No-risk policy: points of attention for employers

admin2021-08-30T16:35:27+00:00August 30, 2021|employees, news, posts, specialist areas|

In this article we discuss the so-called 'no-risk policy' and points of attention for employers who employ personnel with a no-risk policy. We discuss what the policy entails and what this means for the reintegration obligations when the employee becomes disabled.

Right to consent of Works Council: what to do in case of refusal by Works Council (WC)?

admin2021-08-17T14:03:38+00:00August 17, 2021|employees, news, posts, specialist areas|

A works council WC has a right to consent with regard to proposed decisions to adopt, amend or repeal a regulation pursuant to Section 27 of the WOR. But what if the Works Council refuses to give its consent to the implementation of the resolution? Is that reasonable, or do the interests of the employer outweigh the interests? And what can the entrepreneur do?

Turboliquidation

admin2022-09-06T12:10:22+00:00August 16, 2021|news, posts|

The government expects that as a result of covid-19, a significant number of entrepreneurs will want to end their business in the short term using the turbo liquidation. The government fears abuse and has drafted a proposal to protect the position of creditors and to increase transparency on this scheme. This proposal has been submitted for consultation.

Disproving the legal presumption concerning director liability in bankruptcy

admin2021-08-16T10:12:42+00:00August 16, 2021|companies in financial distress, news, posts|

A director is liable to make good the deficit in the bankruptcy if the board has manifestly mismanaged the company and it is likely that this was a major cause of the bankruptcy.

Temporary lease of business space: what is possible?

admin2022-08-30T13:00:05+00:00August 9, 2021|commercial property and investment, enterprise and real estate, news, posts, specialist areas|

In real estate, there are two types of leases for business premises: lease of medium-sized business premises (think of a store or catering establishment) or the lease for other business premises (such as office space). This article explains the options for entering into a short-term lease for the different types of commercial space.

How does a purchase/contracting agreement work in real estate?

admin2022-04-25T13:06:06+00:00July 12, 2021|commercial property and investment, enterprise and real estate, news, posts, specialist areas|

What is a purchase/contractor agreement? When parties agree that one of them will provide a piece of land and construct or finish a building on it for a fee, there is a contract for the purchase of the land on the one hand and a contract for work on the other hand with regard to the building. The part relating to the purchase of the land is governed by the legal rules of sale. On the part that relates to contracting work (building and delivery), the rules of contracting work apply. Therefore, it does not make much difference in practice whether one speaks of two linked contracts (purchase and contracting) or of one compound contract to which the rules for purchase and the rules for contracting apply in part.

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