Contract Law

Reliance on sustainable own use by landlord business premises due to renovation: does it hold? The lease of 290 business premises can be terminated by the lessor due to sustainable own use. Based on Section 7:296 (1) (b) of the Dutch Civil Code, this includes renovation of the business premises. For the termination due to permanent own use, the...

Court of Appeal finds expiry period in AGM2013 unfair Late in 2024, the Amsterdam Court of Appeal (ECLI:NL:GHAMS:2024:3490) made an interesting ruling the use of expiry periods in general terms and conditions in building contracts. In this case, a consumer and a contractor had concluded a building contract for the construction of a house. On this, the so-called General Conditions for Contracting Work 2013...

Old-age clause in home purchase When buying or selling a home, it is important to be mindful of the parties' risk allocation. A common (but not standard) provision in purchase agreements of older homes is the so-called age clause. But what exactly does this clause entail? And how far does the protection it affords to...

Porsche buyer violates duty of truth, but judge punishes it About the application of Section 21 Rv it is sometimes said, “if you fool the judge, you will go down on your face.” That this really is the case was experienced recently by the buyer of a Porsche Macan. The Porsche had various defects and turned out to be an old damaged car,...

Statutory commercial interest: when may you apply it? Statutory commercial interest or ordinary legal interest can be charged in the event of late payment. But when may you do so? What is the difference between ‘ordinary’ statutory interest and statutory commercial interest? And how do you set the rate? In this blog,...

Judge finds COA the same as a hotel, justified or unjustified? In the middle of last year, the District Court of The Hague (ECLI:NL:RBDHA:2024:12605) ruled that the reception of refugees can be equated with operating a hotel. The tenant who first operated a hotel in the building, but then gave it in use to COA (the Central...