Search Results for "contract-law-in-the-netherlands"

Contract Law in the Netherlands

Contract Law in the Netherlands

  • Author: Arthur S. Hartkamp,Marianne M. M. Tillema,Annemarie E. B. ter Heide,Roger Blanpain,J. H. Herbots
  • Publisher: N.A
  • ISBN: 9789041161581
  • Category: Contracts
  • Page: 264
  • View: 7104
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Netherlands covers every aspect of the subject and– definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of and‘considerationand’ or and‘causeand’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of and‘relative effectand’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Contract law in the Netherlands

Contract law in the Netherlands

  • Author: A. S. Hartkamp,Marianne M. M. Tillema
  • Publisher: Kluwer Law Intl
  • ISBN: N.A
  • Category: Law
  • Page: 228
  • View: 5083
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Contract Law in the Netherlands deals with Dutch contract law as it has been enacted in 1992 as part of the new Civil Code of the Netherlands. The new Civil Code has been anticipated for a long time (work on the code started as early as 1947) and represents a major update of Dutch patrimonial law. In the new Code the system of patrimonial law has been improved, some parts of the law have been fundamentally changed, some parts have been slightly modified, and a large part of the 'old' law has been revised and maintained. The result is a new and modern system of law which could well serve as a model for other jurisdictions.

The Civil Code of the Netherlands Antilles and Aruba

The Civil Code of the Netherlands Antilles and Aruba

  • Author: Peter Haanappel,Netherlands Antilles,Ejan Mackaay,Hans C. S. Warendorf,Richard Thomas
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041117679
  • Category: Law
  • Page: 466
  • View: 3085
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This work consists of an English translation, alongside the Dutch text, of the new law of property, rights and interests and the law of obligations (Book 3), the law of real rights (Book 5), the general part of the law of obligations (Book 6) and the law of special contracts (Book 7) of the Netherlands Antilles Civil Code, which entered into force in the Netherlands Antilles on 1 January 2001 and in Aruba on 1 January 2002. It also contains the transitional law enacted on introduction of this new legislation. It is published in Kluwer Law International's "Series of Legislation in Translation". For the non-Dutch speaking residents of the Netherlands Antilles and Aruba, practitioners advising on Netherlands Antilles law and persons or companies interested in the regulation of civil law this work will be essential. The authors, who are experienced legal translators, are authors of Netherlands Business Legislation , a Kluwer Law International publication, which contains a translation of the corresponding Dutch law and other statutory regulations.

The Development of the Principles of Insurance Law in the Netherlands from 1500 to 1800

The Development of the Principles of Insurance Law in the Netherlands from 1500 to 1800

  • Author: J. P. Van Niekerk
  • Publisher: Uitgeverij Verloren
  • ISBN: 9780702149207
  • Category: Law
  • Page: 1546
  • View: 5771
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Published in two volumes, the first part of this title covers the origin, recognition and distinguishing features of the insurance contract. The second part details the principles of pre-codified Dutch insurance law from general requirements to the termination of insurance contracts.

The Principles of European Contract Law (Part III) and Dutch Law

The Principles of European Contract Law (Part III) and Dutch Law

A Commentary II

  • Author: Harriët N. Schelhaas
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041124950
  • Category: Law
  • Page: 292
  • View: 6444
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The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.

Fundamental Rights in European Contract Law

Fundamental Rights in European Contract Law

A Comparison of the Impact of Fundamental Rights on Contractual Relationships in Germany, the Netherlands, Italy and England

  • Author: Chantal Mak
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041126716
  • Category: Law
  • Page: 364
  • View: 4572
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Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.

Specific Performance in German, French and Dutch Law in the Nineteenth Century

Specific Performance in German, French and Dutch Law in the Nineteenth Century

Remedies in an Age of Fundamental Rights and Industrialisation

  • Author: Janwillem Oosterhuis
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004196056
  • Category: Law
  • Page: 635
  • View: 1849
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This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.

Corporate Law in the Netherlands

Corporate Law in the Netherlands

  • Author: Maarten H. Muller
  • Publisher: N.A
  • ISBN: 9789041128645
  • Category: Law
  • Page: 232
  • View: 6992
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This book offers the ideal way for foreign lawyers, business executives, accountants, and professional advisors, to get a solid understanding of Dutch corporate law. This book represents a unique publication in the English language, and an indispensable tool for anybody who is involved in corporate matters in the Netherlands. Many international companies are Dutch holding companies. Therefore, the book addresses a wide audience. The book incorporates recent substantial changes in corporate law in the Netherlands. The authors are seasoned practitioners, experienced in representing international clients in the Dutch corporate arena. Together they also have extensive transactional experience. Corporate Law in the Netherlands will prove a practical and comprehensive guide for all foreign lawyers, businesses and individuals involved in corporate matters in the Netherlands, as well as a handy reference for Dutch lawyers who wish to advise their non-Dutch clients on Dutch corporate law.

The Civil Code of the Netherlands

The Civil Code of the Netherlands

  • Author: Netherlands,Hans Warendorf,Richard Thomas,Ian Curry-Sumner
  • Publisher: N.A
  • ISBN: 9789041134127
  • Category: Law
  • Page: 1301
  • View: 8955
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This second edition of 'The Civil Code of the Netherlands' will be an invaluable tool for lawyers, businessmen and students in their practice of, research or study into Dutch Law. The first edition, published in 2009, reflected the Civil Code as in effect on 1 October 2008. Since then it has been supplemented by significant new statutory provisions, the most important of which is the addition of Book 10 (Private International Law), which entered into force on 1 January 2012. The translators, who continually strive to update, improve and modernise their translation, are Hans Warendorf, a Dutch advocaat and former senior partner of a leading Dutch law firm; Richard Thomas, a solicitor of the Supreme Court of England & Wales and London partner of the international law firm Vedder Price, both experienced cross-border legal practitioners who have worked together as a translation team for more than twenty years.

Dismissal Law in the Netherlands

Dismissal Law in the Netherlands

A Practical Guide

  • Author: Mirjam De Blecourt
  • Publisher: N.A
  • ISBN: 9789462366503
  • Category: Employees
  • Page: 132
  • View: 9636
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In July 2015, dismissal laws in the Netherlands were changed drastically. The objective was to make dismissal laws simpler, fairer, faster and cheaper. However, it has become clear that this objective will not be met. Severance packages have not been diminished to the lower transition payment and the more expensive Cantonal Court formula has not been abolished in practice. Compensation claims are on the rise and dismissing ill employees has become extremely difficult. Explanations of the new laws in the English language are currently wanting. In order to facilitate multinationals and other international clients, Mirjam A. de Blecourt now fills this gap with this practical guide. As the laws are complicated, the booklet is written to guide the reader in a pragmatic and efficient way. It will be useful to those who work in Human Resources in the Netherlands and have to report in English; to non-Dutch owners and investors with companies in the Netherlands (or who wish to invest in the Netherlands in the future); to lawyers and other advisors who conduct their business in the English language; as well as employees who have been seconded to the Netherlands. It could help them understand Dutch dismissal rules before they sign an employment contract. Finally, the booklet is also of interest to students who are interested in employment and dismissal laws. [Subject: Labor Law]

The Netherlands civil code, Book 6, the law of obligations

The Netherlands civil code, Book 6, the law of obligations

draft text and commentary

  • Author: Eduard Maurits Meijers,Netherlands. Ministerie van Justitie
  • Publisher: Sijthoff & Noordhoff International Publishers
  • ISBN: N.A
  • Category: Law
  • Page: 654
  • View: 4633
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User Protection in IT Contracts:A Comparative Study of the Protection of the User Against Defective Performance in Information Technology

User Protection in IT Contracts:A Comparative Study of the Protection of the User Against Defective Performance in Information Technology

  • Author: Clarisse Girot
  • Publisher: Kluwer Law International B.V.
  • ISBN: 904111548X
  • Category: Law
  • Page: 465
  • View: 8142
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This volume considers the theme of the protection of the user in the field of Information Technology, and more specifically in relation to software licences, electronic information services and Internet access services. Litigation in IT usually stems from the users' feeling that their expectations have been frustrated at performance. When dealing with such cases, the courts seem to increasingly take the objective of user protection into account. How is this protection implemented? Is this trend generally desirable? Is this judicial protection excessive? What are the constraints met by IT providers that should be taken into account in litigation? How can the user's position be improved? User Protection in IT Contracts extensively presents the reasons why, and the ways in which national courts may decide a case in favour of the user. Many practical issues are considered in this respect. Which factors appear relevant to deal with liability claims in IT? Are exemption clauses always enforceable? What are the implications of information duties for IT providers? How can general conditions be safely incorporated to a contract? This book exhaustively reviews these and other issues in English, Dutch and French law.

Financial Law in the Netherlands

Financial Law in the Netherlands

  • Author: Marcel C. A. Nieuwenhuijzen
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041128573
  • Category: Law
  • Page: 536
  • View: 544
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The book provides a practical survey of Dutch financial law, and explains the following topics: specific rules applicable to investment institutions; specific rules applicable to debt instruments; offering securities in both primary and secondary markets; set-off and calculation of obligations of market participants (netting); structures for custody and book-entry transfer of securities; obtaining and terminating listings; mandatory bids, competing bids, friendly and unfriendly bids under public offering regulations; alternative investment funds and fund governance; meaning, jargon and function of derivatives, forwards, futures, options, swaps, etc.; securities repurchase and lending transactions; bond regulations; caretaking duties in private and public law; structure of legal proceedings of a prospectus liability claim; unfair commercial practices rules; case law in insider trading and market manipulation; securities litigation in Dutch private, criminal, and administrative law.

The Interaction of Contract Law and Tort and Property Law in Europe

The Interaction of Contract Law and Tort and Property Law in Europe

A Comparative Study

  • Author: Christian von Bar,Ulrich Drobnig,Guido Alpa
  • Publisher: sellier. european law publ.
  • ISBN: 3935808208
  • Category: Law
  • Page: 541
  • View: 5579
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Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Employment Law Review

Employment Law Review

  • Author: Erika C Collins
  • Publisher: Law Business Research Ltd.
  • ISBN: 1912377683
  • Category:
  • Page: 800
  • View: 6096
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The Employment Law Review, edited by Erika C Collins of Proskauer Rose LLP, serves as a tool to help legal practitioners and human resources professionals identify issues that present challenges to their clients and companies. As well as in-depth examinations of employment law in 48 jurisdictions, the book provides further general interest chapters covering the variety of employment-related issues that arise during cross-border merger and acquisition transactions, aiding practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate M&A deals. Other chapters deal with global diversity and inclusion initiatives across the globe, social media and mobile device management policies, and the interplay between religion and employment law. Contributors include: Els de Wind, Van Doorne; Annie Elfassi, Loyens Loeff. "e;Excellent publication, very helpful in my day to day work."e; - Mr Frederic Thoral, Head of HR, BNP Paribas"e;Excellent coverage and detail on each country is brilliant."e; - Mr Raani Costelloe, General manager of Legal and Business Affairs, Sony music Entertainment, Australia"e;An excellent resource for in-house counsel for a company with an international footprint."e; - Mr John R Pendergast, Senior Counsel, BASF Corporation, USA"e;It's invaluable to any lawyer dealing with cross-border and privacy-related employment issues and is a cornerstone to my own legal research"e; - Oran Kiazim, Vice President, Global Privacy, SterlingBackcheck, UK

Unexpected Circumstances in European Contract Law

Unexpected Circumstances in European Contract Law

  • Author: Ewoud Hondius,Christoph Grigoleit
  • Publisher: Cambridge University Press
  • ISBN: 1139501151
  • Category: Law
  • Page: N.A
  • View: 1823
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The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

PEICL

PEICL

  • Author: Project Group Restatement of European Insurance Contract Law
  • Publisher: sellier. european law publ.
  • ISBN: 3866530692
  • Category: Law
  • Page: 667
  • View: 820
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In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

Contractual Control in the Supply Chain

Contractual Control in the Supply Chain

On Corporate Social Responsibility, Codes of Conduct, Contracts and (Avoiding) Liability

  • Author: Louise Vytopil
  • Publisher: N.A
  • ISBN: 9789462365919
  • Category:
  • Page: 358
  • View: 8743
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This book investigates the legal measures that multinational companies in the Netherlands, England and California take to govern corporate social responsibility aspects of their supply chains and the legal implications these measures have in terms of contract and liability law.

Euthanasia and Law in the Netherlands

Euthanasia and Law in the Netherlands

  • Author: John Griffiths,Alex Bood,Heleen Weyers
  • Publisher: Amsterdam University Press
  • ISBN: 9789053562758
  • Category: Law
  • Page: 382
  • View: 7826
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The Netherlands is the only country in the world in which euthanasia, under narrow-defined circumstances, is legally permissible. Considerable attention has been paid over a number of years to the problem of regulating it and information has been systematically collected concerning actual practice. Therefore the Dutch experience is of interest not only to the Dutch, but to anyone who is considering wether or not to make euthanasia a legal practice. This book is written for a reader without specific knowledge of law. The central focus of the book is on Dutch law pertaining to euthanansia, but it also considers the moral and legal principles that have played a role in the Dutch debate, the available evidence bearing on actual practice and on the effectiveness of legal control. It ends with some reflections on the problem of the 'slippery slope' and the question whether the Dutch experience is 'exportable'. It includes translations of the relevant legislation (including proposed reforms) and of three leading cases.