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Dutch court rules that investors suffer investment loss in the market where securities are listed and traded

On 29 January 2020, the Rotterdam District Court ruled on the question of which laws are applicable to the tort claims brought by (former) Petrobras investors against Petrobras (ECLI:NL:RBROT:2020:614).

Quarter century bankruptcy settlement and estate debts

To mark the publication’s 25th anniversary, the editors of the Dutch Journal for Insolvency Law have invited Gertjan Boekraad to author an article on how the issue of bankruptcy settlement has developed in legal doctrine over the past quarter of a century

Provisional rental discounts in times of COVID-19

Recent interim injunctions indicate that the corona crisis can, in principle, be an unforeseen circumstance that may be a reason to amend a commercial lease agreement.

Climate change and sustainability - Environmental considerations for a sustainable business model

Climate change has become the most important sustainability issue of our time. Three major developments in the field of climate and sustainability inevitably affect the way businesses operate and how they move towards more sustainable business models.

On the Board room agenda: ESG & sustainability risks and opportunities throughout the supply chain

When handled properly, ESG and sustainability create opportunities for companies in the real estate sector to make their business model future proof
and to benefit the bottom line. ESG has thus become an important driver for business considerations.

Exoneration clauses in commercial contracts: excluding indirect damage

In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts in which liability for indirect damage is excluded.

Third-party effect of exoneration clauses in commercial contracts

Under Dutch law, the general principle is that contracts only have legal effects for the contracting parties themselves. In principle, contracts have no legal effects for third parties.

Sustainability of exoneration clauses and commercial contracts

In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts.  Exoneration clauses limit or exclude the debtor’s liability.

Negotiating a contract under conditions; subject to finance

In the pre-contractual phase, Dutch professional contracting parties often negotiate a financing arrangement clause or a “subject to finance” clause.

Negotiating a contract under conditions; subject to approval

In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause.

Negotiating a contract under conditions; subject to signature

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.”

Large Dutch multinationals endorse tax governance code

Charlotte Tolman and Michael Molenaars examine the tax governance code as recently presented by VNO-NCW and which has been endorsed by 40+ multinationals.

De Afdeling onderstreept het belang van onderzoek naar harde plancapaciteit bij het toestaan van een nieuwe stedelijke ontwikkeling en geeft daarvan definitie

De Ladder voor duurzame verstedelijking is verankerd in artikel 3.1.6 lid 2 van het Besluit ruimtelijke ordening en houdt de verplichting in om bij het toestaan van een nieuwe stedelijke ontwikkeling te motiveren dat daaraan behoefte bestaat.

Dutch Data Protection Authority publishes new fining policy

The Dutch Data Protection Authority ("DPA") has published its new Fining policy for Administrative Fines.

Getting the Deal Through - Private M&A 2023: The BeNeLux chapters

A team of Stibbe lawyers from our Brussels, Luxembourg and Amsterdam offices have authored the BeNeLux sections of the Private M&A 2023 chapters published by Lexology Getting the Deal Through.

Top real estate lawyers 2022: Corona is still among us

PropertyNL facilitated a roundtable discussion with representatives of top listed real estate practices. Maarten de Bruin participated on behalf of Stibbe.

Netherlands Chapter in the International Comparative Legal Guide

Jeroen Kortmann, Amber van Vugt, Twan Heikens and Francis Blaauboer contributed to the International Comparative Legal Guide - Competition Litigation 2023 in a Q&A chapter about the Netherlands.

Usufruct on rent payments: Dutch Supreme Court limits freedom of contract within property law

A right of usufruct on a claim cannot be used to appropriate what is received through collection of that claim, as the Dutch Supreme Court ruled in its decision of 30 September 2022 (ECLI:NL:HR:2022:1331).

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