9 September 2024

Offsetting debts in Dutch WHOA proceedings

In Dutch WHOA proceedings, you may have to deal with creditors claiming set-off against amounts they still have to pay to you. Or vice versa: if your claim is involved in a restructuring under the rules of the Dutch WHOA Act, are you allowed to set off new payment obligations? How does that work during WHOA proceedings?

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4 September 2024

What is the value of common property in a Homeowners Association?

It's not an uncommon situation: a member of the Homeowners Association (HOA) expands their garden or rooftop terrace beyond the boundaries of their private section and later asks the HOA to legalize this change.

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2 September 2024

Concealing a part of the inheritance

There is a mutual obligation for heirs to inform each other about the extent of the inheritance.

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28 August 2024

What can a landlord do against administrative enforcement?

Recently, six important rulings were published by the Administrative Jurisdiction Division of the Council of State, clarifying when administrative enforcement is possible against a landlord.

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26 August 2024

Limits to freedom of expression in the employment relationship

The conflict between Israel and the Palestinians, corona, the election results. Some examples of social issues that can lead to intense emotions of employees and firm statements in the workplace and via social media.

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22 August 2024

Foreign parties and litigation costs

In the Netherlands, we have the litigation costs order. If a lawsuit is lost, that party can be ordered to pay the legal costs.

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21 August 2024

Bonus: a favor or a right?

In addition to the fixed salary, an employee can often earn an additional bonus. Conditions may be attached to the payment of the bonus. The employment contract or bonus scheme often states that the employer determines whether an employee is entitled to a bonus. This is called “discretionary authority.” How free is the employer to decide whether or not to pay a bonus? And can an employee acquire a right to the bonus?

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12 August 2024

Commonality of a shared wall

Commonality is often a point of discussion between neighbors: is the fence between two gardens common property? If so, can one neighbor then carry out maintenance or even completely replace the fence (partly) at the expense of the other neighbor?

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12 August 2024

Payment of wages during a sabbatical

Has one of your employees requested a sabbatical, and do you want to know what your obligations are as an employer? In this article, I will explain what you need to consider.

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