Blog

6 August 2026

Set-off and bankruptcy: what is and isn’t allowed?

Set-off is a legal mechanism whereby two parties who owe each other obligations may offset their mutual claims and debts. In an ordinary commercial relationship this is, in principle, unproblematic. However, once bankruptcy proceedings are involved, different rules apply.

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25 June 2026

Discharge from liability in associations

In a recent judgment of the Arnhem-Leeuwarden Court of Appeal, the central question was whether the board members of an association could rely on the discharge granted by the general members’ meeting in relation to the management of a major project (the construction of the clubhouse).

18 June 2026

The business in the event of divorce with a prenuptial agreement including a periodic set-off clause that has not been implemented

What about the set-off of the business’s value? In this article, we’ll explain various situations.

15 June 2026

The ’diplomatic clause’ in rental contracts, a way in or a way out?

Whilst most words deriving from ’diplomacy’ are buzzwords evoking immunity and exemptions applicable to a chosen few, there is at least one usage that makes reference to duties rather than privileges.

10 June 2026

How should unequal contributions to a jointly owned pre-marital home be handled in the event of divorce?

On 21 March 2025, the Dutch Supreme Court clarified how unequal financial contributions to a home purchased jointly before marriage should be treated. Before the marriage, one partner may have a claim against the other because they contributed more to the purchase price. But what happens when the couple later marries under the regime of the limited community of property?

4 June 2026

When may a landlord enter a rented dwelling?

A question we often receive: “May I enter the property I have rented out without the tenant’s permission?” Landlords naturally want to know whether their property is being properly maintained and whether the tenant is using it in accordance with the agreed terms.

27 May 2026

The rights of the child in eviction proceedings involving a residential property

On 28 November 2025, the Dutch Supreme Court answered preliminary questions regarding the role of children’s rights in claims seeking the eviction of a rented property. This article discusses the background to these questions, the key considerations of the Supreme Court and the consequences for legal practice.

21 May 2026

Suretyship for entrepreneurs

Suretyship is an age-old instrument used to secure payment or performance of an obligation. The concept already existed in Roman law as a specific form of joint liability, where several debtors were bound to satisfy the same debt.

13 May 2026

Dismissal of an employee due to long-term incapacity for work

As an employer, you may terminate the employment relationship with a sick employee after 104 weeks of sickness. This can be done via a settlement agreement or with a dismissal permit from the UWV. But when exactly can you apply for such a permit?

7 May 2026

Waiving spousal maintenance by email: is that possible?

Can someone waive spousal maintenance through a simple email? This exact question arose in proceedings before the Rotterdam District Court. The case demonstrates that changes to maintenance arrangements must be handled with care.