A BV stripped bare by a co-shareholder: when can the aggrieved party claim damages personally?
Introduction An entrepreneur dies and leaves his fashion group to his partner. Within a few months his sister poaches the head stylists and the sales…
The bankruptcy actio pauliana: avoidance goes no further than the harm to the estate
Limits to the trustee's power of avoidance under the actio pauliana The Gelderland District Court avoided the sale of commercial premises under the bankruptcy actio…
Filing for bankruptcy against an empty estate: court of appeal finds abuse of power
Filing for bankruptcy against an empty estate after a turbo liquidation The Hague Court of Appeal set aside a bankruptcy because the petitioning creditor abused…
Full and final discharge is not a waiver: football club ordered to pay over EUR 2 million after transfer
What "full and final discharge" does and does not mean in law The Amsterdam Court of Appeal held that a letter granting "full and final…
Second-chance tenancy fails to meet statutory requirements: tenant retains security of tenure
Temporary tenancy for specific groups and the limits of security of tenure The subdistrict court of North Holland refuses the eviction of a social housing…
When is a lawyer liable for a professional error?
An analysis of Dutch civil case law on the professional liability of lawyers: the standard, the errors that lead to liability, and the limits of…
Buyer withdraws after the email that sealed the deal: the agreement had already been formed
Purchase agreement formed by email: what counts is consensus, not the signature The Court of Appeal in 's-Hertogenbosch held that an email in which a…