Annotatie Voorzieningenrechter Rechtbank 's-Gravenhage

Short Reads - The European Court of Justice (ECJ) has found in a judgment of May 2020 that the right of a legal assistance insured person to freely choose his or her lawyer applies not only to proceedings before a court or an administrative body, but also to stages in a dispute that may lead to such proceedings before a court.

Articles - On 1 January 2019, the legal provisions on collaborative law (sections 1740-1747 of the Belgian Judicial Code) entered into force. Collaborative law is essentially a specific type of confidential negotiation between parties assisted by their respective counsel.

Short Reads - In the pre-contractual phase, professional contracting parties often negotiate under one or more conditions. Several different conditions are common in (commercial) legal practice: “subject to signature”, “subject to approval” and “subject to finance.”

Short Reads - In Dutch legal practice, contracting parties often agree on provisions including an arrangement in which they waive their right to invoke the nullity of the contract in question. By doing so, the parties intend to exclude an eventual contractual annulment arising from error, duress, fraud or undue influence.