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. This conference was organised by the editorial staff and publisher of the Dutch magazine on lease law for business premises (TvHB). A number of workshops took place on the occasion of that conference. One of the workshops related to the termination of leases, and was given by Ivette Mol and Arnout van der Hilst. They wrote an article as a result of this workshop, which was published in the last edition of 2018 of the Dutch magazine on lease law for business premises.

They gained a few interesting insights thanks to the input provided by the over forty active participants (divided between two sessions). Just like in the workshop, in this article they discuss two subjects: (i) conditionality in lease law decisions and (ii) the legal and other consequences of explicitly declaring the regime of Section 7:290 et seq. of the Dutch Civil Code to apply to a lease that (in itself) is covered by the regime of Section 7:230a of the Dutch Civil Code. The second part was addressed during the workshop by discussing a case.

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