When is a lawyer required?

When is a lawyer required?

You have received a summons and must soon appear before the judge who will rule on your case or you may want to start a procedure yourself. When is hiring a lawyer to assist you in your legal dispute a choice and when is hiring a lawyer mandatory? The answer […]

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What does a lawyer do?

What does a lawyer do?

Damage suffered at the hands of someone else, arrested by the police or wanting to stand up for your own rights: various cases in which the assistance of a lawyer is certainly not an unnecessary luxury and in civil cases even an obligation. But what exactly does a lawyer do […]

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Non-compete clause: what do you need to know?

Non-compete clause: what do you need to know?

A non-competition clause, regulated in art. 7:653 of the Dutch Civil Code, is a far-reaching restriction of the employee’s freedom of choice of employment that an employer can include in an employment contract. After all, this allows the employer to prohibit the employee from entering the service of another company, […]

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The Bankruptcy Act and its procedures

The Bankruptcy Act and its procedures

Earlier we wrote a blog about the circumstances under which a bankruptcy can be filed and how this procedure works. Besides bankruptcy (regulated in Title I), the Bankruptcy Act (in Dutch the Faillissementswet, hereafter referred to as ‘Fw’) has two other procedures. Namely: the moratorium (Title II) and the debt […]

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General terms and conditions of purchase: B2B

General terms and conditions of purchase: B2B

As an entrepreneur you enter into agreements on a regular basis. Also with other companies. General terms and conditions are often part of the agreement. The general terms and conditions regulate (legal) subjects that are important in every agreement, such as payment terms and liabilities. If, as an entrepreneur, you […]

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All about the earn-out arrangement

All about the earn-out arrangement

There are many things to consider when selling a business. One of the most important and most difficult elements is often the selling price. Negotiations can get bogged down here, for example, because the buyer is not prepared to pay enough or is unable to obtain sufficient financing. One of […]

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What is a legal merger?

What is a legal merger?

That a share merger involves a transfer of shares of the merging companies is clear from the name. The term asset merger is also telling, because certain assets and liabilities of a company are taken over by another company. The term legal merger refers to the only legally regulated form […]

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Divorce with children: communication is key

Divorce with children: communication is key

Once the decision to divorce has been made, there is much to be arranged and thus discussed. Divorcing partners usually find themselves in an emotional rollercoaster, making it difficult to come to reasonable agreements. It is even more difficult when there are children involved. Because of the children, you are […]

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File a complaint about the court

File a complaint about the court

It is important that you have and maintain confidence in the Judiciary. That is why you can file a complaint if you feel that a court or a member of the court staff has not treated you correctly. You should send a letter to the board of that court. You […]

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Ruling in the climate case against Shell

Ruling in the climate case against Shell

The ruling of the District Court of The Hague in the case of Milieudefensie against Royal Dutch Shell PLC (hereafter: ‘RDS’) is a milestone in climate litigation. For the Netherlands, this is the next step after the groundbreaking confirmation of the Urgenda ruling by the Supreme Court, where the state […]

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Donor Agreement: What do you need to know?

Donor Agreement: What do you need to know?

There are several aspects to having a child with the help of a sperm donor, such as finding a suitable donor or the insemination process. Another important aspect in this context is the legal relationship between the party who wants to become pregnant via insemination, any partners, a sperm donor […]

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Transfer of Undertaking

Transfer of Undertaking

If you are planning to transfer a company to someone else or to take over someone else’s company, you may wonder whether this takeover also applies to the personnel. Depending on the reason why the company is taken over and how the takeover is carried out, this may or may […]

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The licence agreement

The licence agreement

Intellectual property rights exist to protect your creations and ideas from unauthorised use by third parties. However, in certain cases, for example if you want to have your creations exploited commercially, you may want others to be able to use it. But how much rights do you want to give […]

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The Supervisory Board

The Supervisory Board

The Supervisory Board (hereinafter ‘SB’) is a body of the BV and the NV that has a supervisory function on the policy of the management board and the general affairs of the company and its affiliated enterprise (Article 2:140/250 paragraph 2 of the Dutch Civil Code (‘DCC’)). The purpose of […]

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What are your rights as a tenant?

What are your rights as a tenant?

Every tenant has the right has two important rights: the right to enjoyment of living and the right to rent protection. Where we discussed the first right of the tenant in connection with the obligations of the landlord, the second right of the tenant came in a separate blog about […]

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Rent protection

When you rent an accommodation in the Netherlands, you are automatically entitled to rent protection. The same applies to your co-tenants and subtenants. In principle, rent protection comprises two aspects: rental price protection and rent protection against termination of the tenancy agreement in the sense that the landlord cannot simply […]

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Divorce in 10 steps

Divorce in 10 steps

It is difficult to decide whether to get a divorce. Once you have decided that this is the only solution, the process really begins. A lot of things need to be arranged and it will also be an emotionally difficult period. To help you on your way, we will give […]

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Obligations of the landlord

A rental agreement has various aspects. An important aspect of this is the landlord and the obligations he has towards the tenant. The starting point with regard to the obligations of the landlord is “the enjoyment that the tenant may expect based on the rental agreement”. After all, the obligations […]

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Director’s conflict of interest

Directors of a company should at all times be guided by the interest of the company. What if directors have to make decisions that involve their own personal interests? What interest prevails and what is a director expected to do in such a situation? When is there a conflict of […]

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Retention of title

Ownership is the most comprehensive right a person can have in a good, according to the Civil Code. First of all, that means that others must respect that person’s ownership. As a result of this right, it is up to the owner to determine what happens to his goods. For […]

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Protecting Trade Secrets: What Should You Know? Image

Protecting Trade Secrets: What Should You Know?

The Trade Secrets Act (Wbb) has applied in the Netherlands since 2018. This Act implements the European Directive on the harmonization of the rules on the protection of undisclosed know-how and business information. The aim of the introduction of the European Directive is to prevent the rule fragmentation in all […]

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Surrogacy in the Netherlands

Pregnancy, unfortunately, is not a matter of course for every parent with a desire to have children. In addition to the possibility of adoption, surrogacy could be an option for an intended parent. At the moment, surrogacy is not regulated by law in the Netherlands, which makes the legal status […]

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International surrogacy

In practice, intended parents increasingly choose to start a surrogacy programme abroad. They may have various reasons for this, all of which are linked to the precarious position of the intended parents under Dutch law. These are briefly discussed below. In this article we explain that the possibilities abroad can […]

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Parental authority

When a child is born, the mother of the child automatically has parental authority over the child. Except in cases where the mother herself is still a minor at that time. If the mother is married to her partner or has a registered partnership during the birth of the child, […]

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Bill on Modernization of Partnerships Image

Bill on Modernization of Partnerships

To this day, the Netherlands has three legal forms of partnerships: the partnership, the general partnership (VOF) and the limited partnership (CV). They are mainly used in small and medium-sized enterprises (SMEs), the agricultural sector and the service sector. All three forms of partnerships are based on a regulation dating […]

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