Publications

Ever since its introduction in 1971, there have been few changes to tenancy law with respect to business premises. ‘All the more because the main reason for introducing a separate scheme had been the social developments in the preceding years. A scheme that was introduced in order to seek harmonisation with social and economic developments, […]

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Lease law

Title 7.4.6 of the Dutch Civil Code: time for a complete reconsideration? Review of the dissertation of J.A. Kinderman, Lease of business premises, TvPP 2015/6

Ever since its introduction in 1971, there have been few changes to tenancy law with respect to business premises. ‘All the more because the main…
Lease law

The conditionality of tenancy law, TvHB 2015/4

The authors, I.C.K. Mol, LLM, and N. Amiel, LLM, recently published an article on the conditionality of tenancy law in the Liber Amicorum for A.D.…
Ivette Mol
Lease law

The conditionality of tenancy law, pages 19-42, co-author, published in the book The limits of tenancy law (2015), Uitgeverij Wolters Kluwer.

In this article, the authors, N. Amiel, LL.M., and I.C.K. Mol, LL.M., research the limits of conditionality in tenancy law, more specifically pertaining to entering…
Ivette Mol
Lease law

Care, use and customised qualification; the qualification issues of care complexes, TvHb 2014/5.

The qualification of leases is often quite a challenge to many tenancy law lawyers. Even more so if the lease is governed by various rent…
Lease law

Annotation to the ruling of the Dutch Supreme Court of 14 February 2014 (Alog-onroerend goed en handelsmaatschappij B.V./Ultimo Vastgoed B.V. et al.) TvHB 2014/2 no. 6.

The strict test of the Helsdingen/Klein (Herenhuis) ruling, in which the Dutch Supreme Court considered that the mere circumstance that the operation of the leased…
Lease law

Sublease, pages 149 to 175 inclusive of Handbook on Tenancy Law for Business Premises, Uitgeverij Den Hollander, 2013.

The sublessee, in particular the authorised sublessee, has obtained a serious place in various sections of law in title 7.4 of the Dutch Civil Code.…
Lease law

Scope of the lessor’s and lessee’s delivery obligations, pages 13 to 41 inclusive of Handbook on Tenancy Law for Business Premises, Uitgeverij Den Hollander, 2013.

Both the lessor and the lessee are confronted with an obligation to deliver the leased property, be it at different times. In principle, for the…
Lease law

Annotation to the judgement of the District Court, Haarlem subdistrict sector, 1 November 2012, TvHB 2013/7

Qualification of leased property, protection against eviction. In these proceedings, the lessee (operator of a hockey canteen) requests conditional extension of the protection against eviction.…
Lease law

Annotation to the judgment of the Utrecht District Court, subdistrict sector, Utrecht location, dated 11 July 2012, TvHB 2012/6 no. 23.

The operation of Section 226 of Book 7 of the Dutch Civil Code does not require the lessee to have the actual enjoyment of the…
Financial law & Insolvency law

Payment arrears in commercial transactions, FP/February 2013/no. 374

With effect from 16 March 2013, new legislation is in force in the Netherlands whose objective is to reduce payment arrears in B2B transactions. The…
Lease law

Annotation to the judgment of The Hague Court of Appeal of 13 September 2011, TvHB 2011/6 no. 22.

In principle, a lessor is not obliged to allow the lessee to sublease the leased property since the lease includes a prohibition on subleasing. This…
Financial law & Insolvency law

Application to set aside a fraudulent preference Van Dooren-ABN III, FIP 2011, p.188-193, no. 7

“The authors discuss the criterion for the question as to whether there is any knowledge of the prejudice to creditors within the meaning of the…
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