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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
In addition to our general article on the Supervisory Board (hereinafter ‘SB’), we would also like to focus on the role of the SB in times of crisis. In times of crisis, safeguarding the continuity of the company is more important than ever, so that important considerations must be made. […]
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 […]
The statutory two-tier company is a special form of company that can apply to the NV and BV (as well as the cooperative). It is often thought that this only applies to internationally operating groups with part of their activities in the Netherlands. However, this does not necessarily have to […]
Did the police detain you for days and do you now wonder whether this is done strictly by the book? For example, because you doubt the legitimacy of their grounds for doing so or because you believe that the duration was too long. It is quite normal that you, or […]
In the Netherlands, maintenance is a financial contribution to the living expenses of the former partner and any children after a divorce. It is an amount that you receive or have to pay on a monthly basis. If you do not have enough income to support yourself, you are entitled […]
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 […]
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 […]
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 […]
Until 31 December 2020, all EU rules were in force for the United Kingdom and citizens with British nationality could easily start working at Dutch companies, i.e., without a residence or work permit. However, when the United Kingdom left the European Union on December 31, 2020, the situation has changed. […]
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 […]
Alimony is an allowance to a former spouse and children as a contribution to maintenance. The person who has to pay alimony is also referred to as the maintenance debtor. The recipient of alimony is often referred to as the person entitled to maintenance. Alimony is an amount that you […]
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 […]
2021 is a year in which a few things will change in the field of legislation and regulations. This is also the case with regard to transfer tax. On November 12, 2020, the House of Representatives approved a bill for the adjustment of the transfer tax. The aim of this […]
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 […]
In 2012, BV (private company) law was simplified and made more flexible. With the entry into force of the Law on Simplification and Flexibility of BV Law, shareholders were given the opportunity to regulate their mutual relationships, so that more room was created to adapt the structure of the company […]
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 […]
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 […]
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 […]
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, […]
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 […]
It regularly happens that employers have doubts about their employees reporting their illness. For example, because the employee often reports sick on Mondays or Fridays or because there is an industrial dispute. Are you allowed to question your employee’s sickness report and suspend payment of wages until it is established […]
Divorce involves a lot The divorce proceedings consist of a number of steps. Which steps have to be taken depends on whether you have children and whether you have agreed in advance on a settlement with your future ex-partner. In general, the following standard procedure should be followed. First of […]
It is very annoying if your instructions are not followed by your employee. For example, the one employee on whom you cannot count on to appear on the work floor around the weekend or the one who thinks that your neat dress code does not apply to him or her. […]
What is alimony? In the Netherlands alimony is a financial contribution to the cost of living of your former partner and children after a divorce. It is an amount that you receive or have to pay monthly. If you don’t have enough income to live on, you can get alimony. […]
If disputes have arisen within your company that cannot be resolved internally, a procedure before the Enterprise Chamber may be a suitable means of resolving them. Such a procedure is called a survey procedure. In this procedure, the Enterprise Chamber is asked to investigate the policy and course of affairs […]
During a probationary period, employer and employee can get to know each other. The employee can see if the work and company are to his or her liking, while the employer can see if the employee is suitable for the job. Unfortunately, this can lead to dismissal for the employee. […]
Do you want to get rid of an agreement? That is not always possible right away. Of course, it is important whether there is a written agreement and whether agreements have been made about a notice period. Sometimes a statutory notice period applies to the agreement, while you yourself have […]
It used to be customary to marry someone of the same nationality or of the same origin. Nowadays, marriages between people of different nationalities are becoming more common. Unfortunately, 40% of marriages in the Netherlands end in divorce. How does this work if one lives in a country other than […]
If you have minor children and you get divorced, agreements must be made about the children. The mutual agreements will be laid down in writing in an agreement. This agreement is known as the parenting plan. The parenting plan is an excellent basis for getting a good divorce. Is a […]
