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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

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

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.

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

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

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

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.”

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.

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).

This blog is one of the blogs in a series called “Commercial contracts in the Netherlands”. It is discussed as to under which circumstances third parties can hold the intermediary liable for damage suffered due to unauthorized representation.

In Dutch commercial legal practice, contracting parties frequently act as representatives of a company.

Under Dutch law, a general principle is that contracting parties conclude agreements in their own name, i.e. they conclude agreements for themselves.

Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal.

It was announced on 7 July that the UBO register will go live on 27 September 2020. The Act on the implementation of the UBO register ("Implementation Act") and the corresponding decree of entry into force have each been published today.