Legal news

A receiver of a bankrupt lessee allows the leased building to be used temporarily by a third party, in spite of a contractual prohibition on subletting and without the lessor’s consent. Recently, on 9 November 2018, the Dutch Supreme Court considered the question as to whether the receiver in such a case is personally liable […]

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Receiver personally liable for violation of prohibition on subletting

A receiver of a bankrupt lessee allows the leased building to be used temporarily by a third party, in spite of a contractual prohibition on…
Iris Jans
Iris Jans

When Superkeukens is no longer Superkeukens!

The Dutch Supreme Court handed down a judgement on 16 November 2018. An interesting judgment, because it answers the question as to whether a claimant…
Frank Laagland

Viewing of a house in case of a foreclosure sale; a future change in the law should simplify this

During the foreclosure sale of an immovable property, a mortgagee is sometimes confronted with a mortgagor who refuses to grant potential buyers access to the…

Suretyship for financing: ordinary course of a business?

Suretyship is a contract under which one party, the surety, obliges themself towards the other party, the obligee, to fulfil an obligation to which a…

Interesting judgments on the landlord levy.

Ivette Mol is an author for the 'summary justice' section of mr-online. Are you interested in her contribution? Mr. website for lawyers.
Ivette Mol

Disputes between shareholders: prevention is better than cure!

Shareholders who are at odds with one another is unfortunately something that happens all too often. Such disputes have far-reaching consequences for the company, the…
Laurens Huisman

Claiming vacancy loss under a bank guarantee: the story continues

If a receiver in a lessee’s liquidation wants to get rid of a lease, the receiver will terminate this lease by giving notice with due…

Directors: make sure you file the financial statements in good time!

Filing period On 1 November 2015, the filing period for publication of the financial statements was reduced by one month effective from the 2016 financial…

New model bank guarantee and more tasks for the rent assessment committee.

Ivette Mol is an author for the 'summary justice' section of mr-online. Are you interested in her contribution? Mr. website for lawyers.
Ivette Mol

Bankrupt if debts have almost been paid?

On 25 May 2018, the Supreme Court gave an important judgment on the question as to whether a petition for bankruptcy can be rejected if…
Frank Laagland

Directors acting reasonably have nothing to fear!

In my previous contribution, I explained that in principle, a director of a Dutch company cannot evade their personal liability by hiding behind one or…
Laurens Huisman

Fraud upon the sale of shares; short limitation period?

In case of purchase, the delivered item must be in conformity with the agreement. This means that the item must have the characteristics that the…
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