Limitation period for spouse’s power to annul legal acts performed without consent
For certain legal acts, one spouse needs the consent of the other spouse. If this consent is not given, the other spouse can annul the legal act. In short, this applies to decisions regarding the family home, gifts, providing security (such as a guarantee) and hire purchase.
Director’s liability for breach of obligation under purchase agreement to deliver crane
The Rotterdam court has ruled in an important verdict that a director is personally liable for €250,000 for non-fulfillment of a purchase agreement and frustrating possibilities for recourse. Discover the legal nuances and the application of the Beklamel standard in this article.
The letter of intent in a business takeover
A business takeover ultimately involves concluding a purchase agreement. A whole process precedes this. In the preliminary phase, it is possible to conclude a letter of intent. In this article, I will tell you more about this.
Directors’ liability after turboliquidation
In a recent court case concerning turboliquidation of a catering business, the court ruled that the directors were not personally liable. The case involved the discontinuation of the business without assets, with creditors being paid pro rata. The landlord claimed unlawfulness, but the court held that the turboliquidation had been carried out correctly with no obligation of bankruptcy.
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.
Forfeited penalty payment can serve as a support claim
A creditor can proceed to file for the bankruptcy of a debtor. To do this, an application must be filed with the court. To do so successfully, hoForfeited penalty payment can serve as a support claim weaver, the creditor must make it plausible that the debtor is in a state of cessation of payments
Ground rent due during bankruptcy is not an estate debt
Recently, the Supreme Court issued a ruling on the question of whether a ground lease rent that became due after the date of bankruptcy is an estate debt. In this article, I first explain what estate debts are and the relevance of the question answered by the Supreme Court for practice. I then discuss the judgment.
Reopening liquidation after turboliquidation
If the business activities of a legal entity are discontinued, it must be considered how the legal entity will be wound up. If there are no more assets at all, a turboliquidation can take place. This is dissolution without the appointment of a liquidator. The legal entity then ceases to exist immediately. A resolution for dissolution is passed and the board notifies the Commercial Register of the end of the legal entity's existence.
Liability of foundation director in case of rained-out festival
A director of a foundation can also run the risk of being held personally liable. This is nothing new, but is demonstrated once again by a recent judgment of the East Brabant District Court. The director of a foundation set up to organise a festival had entered into new financial commitments a day before the start of the festival, while weather forecasts were poor.
Land grabbing: the legal options when losing ownership of land
There may be a dispute between neighbors about who owns a particular piece of land. Such a dispute may arise if at any time one of the neighbors places a yard fence in such a way that it takes possession of a piece of land owned by the other. The owner has the option of claiming his property (or filing a revindicatory action). However, such a claim cannot be brought after a period of time due to acquisitive prescription.
