Does a latent defect, such as the presence of asbestos, qualify as a defect or not?, TvHB 2009/1.


On 19 August 2008, the Amsterdam Court of Appeal delivered a judgment of interest as to the question whether a lessor is liable for the presence of asbestos in the leased property. This judgment is analysed in this article and the consequences of this judgment for the legal practice are dealt with. In a ruling of 3 September 2010, the Dutch Supreme Court set aside this ruling (see Dutch Supreme Court 3 September 2010, ECLI:NL:HR:2010:BM3980).

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