Application to set aside a fraudulent preference Van Dooren-ABN III, FIP 2011, p.188-193, no. 7


“The authors discuss the criterion for the question as to whether there is any knowledge of the prejudice to creditors within the meaning of the application to set aside a fraudulent preference of Section 42 of the Dutch Bankruptcy Act that the Dutch Supreme Court established in the ruling Van Dooren in his capacity as such/ABN AMRO (Dutch Supreme Court 22 December 2009, NJ 2010, 273 and JOR 2011/19). The authors particularly deal with the relevant decisions that were given after the ruling and they discuss how the courts deciding questions of fact are currently applying this standard in practice. In addition to the essential importance of correct establishment and assessment of facts, it seems justified to conclude for the time being that which position one has in the legal act in question is important for the assessment of this criterion.”

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