Publications

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Lease law

Several sanctions in a lease: potential risk?

On 19 September 2019, in a judgment the Court of Amsterdam referred questions to the Court of Justice of the EU for a preliminary ruling.…
Lease law

Allowing random parking spaces to be used in exchange for payment; the question is whether or not this constitutes rent

Annotation to the judgment of the Dordrecht Subdistrict Court dated 6 June 2019, TvHB 2019/19 (UDH: TvHB/15771) This judgment focuses on the question as to…
Ivette Mol
Financial law & Insolvency law

The director disqualification under civil law; a frequently used means to combat insolvency fraud?

With effect from 1 July 2016, a receiver and the Public Prosecution Service can demand a director disqualification in respect of directors of legal entities…
Lease law

Interview with Advocate General M.H. Wissink – A look behind the scenes of Advocate General and professor M.H. Wissink

On 19 May 2014, Nathalie Amiel (Houthoff Buruma) and Ivette Mol (VMBS) were given the opportunity to interview Mark Wissink. Mark Wissink is Advocate General…
Lease law

Qualification, contract law, termination of lease, rent arrears, hemp farm

In a judgment of 8 June 2018, the Dutch Supreme Court considered a discussion between a lessor and lessees about the qualification of an agreement.…
Ivette Mol
Lease law

The notarial deed as enforceable order for vacating the leased property

The theory is simple. After the lease has ended, the lessee will be obliged to make the leased property available to the lessor again. In…
Lease law

Conditionality in court decisions and the effect of explicitly declaring the 290 regime to apply to a 230a agreement, TvHB 2018/6

The conference entitled ‘New developments in lease law, from Privacy to Block Chain’ took place at De Wittenburg castle in Wassenaar on 11 October 2018.…
Lease law

Presentation of Handbook on Lease Law for Business Premises

The Handbook on Lease Law for Business Premises (2nd revised edition) was presented during the conference entitled ‘New developments in lease law, from privacy to…
Ivette Mol
Lease law

Annotation to the ruling of the Court of Appeal of The Hague dated 14 March 2017 (VOF X et al. / Marcan Vastgoed II BV), TvHB 2017/14

The doctrine regarding benefiting from a breach of contract seems to have adequately taken shape: benefiting from a breach of contract is not unlawful in…
Lease law

Sublease through the ROZ years

In 2016, the Dutch magazine on tenancy law for business premises (TvHB) published a series of articles in which the most recent model general terms…
Ivette Mol
Lease law

Annotation to the ruling of the Amsterdam Court of Appeal of 22 December 2015, TvHB 2016/17

Two natural persons leased business premises. The lessees were joint contractual lessees and under the lease they were jointly and severally liable vis-à-vis the lessor…
Lease law

Annotation to the ruling of the Court of Appeal of The Hague dated 14 July 2015 (@ / the State of the Netherlands), TvHB 2015/24

The Court of Appeal finds that Section 7:201 (1) of the Dutch Civil Code provides two essentials that must have been complied with in order…
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