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The term empty shell stems from the financial world. It can relate to securities (such as, for instance, trackers or bonds) that do not have a countervalue approaching the nominal value or official exchange rate because the deposit on issue has not flowed into the capital of the issuing entity. Special purpose vehicle An example from legal practice of an empty shell is a bond loan that is not fully paid up by the enterprise [...]
ING has been fined by the Public Prosecution Service because the bank does not act properly against money launderers. Criminals who transfer money through ING are not dealt with properly by the bank. There are many developments in the field of money laundering, mainly due to new technological possibilities. De Nederlandsche Bank (DNB) not only supervises the stability, but – in keeping with the spirit of the times – also the integrity of the financial [...]
In the court of Amsterdam, the Netherlands, lawsuits are regularly initiated by Jewish wives who are not resident in the Netherlands. They litigate against their Jewish husbands in order to force a religious divorce. What is the background to these procedures? Forcing a Get In Jewish religious divorce law a religious divorce is set in motion by the “Get”, a declaration made by the husband. If the husband does not declare the Get the divorce [...]
In scams, the perpetrator likes to stay out of the picture. Banks allow scammers to open a bank account with an unclear name so that the identity of the account holder is unclear. Can the bank account still be seized then, although in a court proceeding you have to know who the other party is?
States are sovereign and it is not self-evident that a court decision from another country is recognized. However, there are treaties on the basis of which a decision of a foreign court in the Netherlands can be recognized and enforced by the bailiff. In the absence of a treaty, a special arrangement applies: art. 431 Rv.
Checklist for appeal and second opinion You have received a judgment and are considering an appeal. What should you bring to a lawyer and why? The pronounciation This is the most important document to bring. Not only the final judgment, but also any interlocutory orders and summons letters from the court. The other procedural documents These must be turned in to the court. Furthermore, of course, we need to see if the court has [...]
In the Netherlands banks have a duty of care for their own clients, and also for third parties who do not bank with them. Under this case law victims of fraud or scams can in certain cases claim damages from the perpetrator’s bank. Banks’ duty of care Under the Dutch civil legal system banks have a duty of care for their own clients, account holders and investors. Case law from the highest court, however, takes [...]
A seller can suffer considerable damage if a buyer dissolves the purchase contract. Termination is not always possible and not always valid. What are the pitfalls for buyers when invoking a financing reservation, and what can a seller do to claim damages if the sale is canceled incorrectly? The seller usually claims 10% of the purchase price, the cancellation penalty, but can also recover the entire damage or prefer fulfillment.
Suppose that your company has done business in the Netherlands. You have bought a machine, have done a delivery or you have given a different order. The arrangements have clearly been outlined in a contract, in e-mails or in a different way. You have received an invoice and paid it. Now you are expecting a delivery from the Dutch company, but the product does not arrive. What to do now? Contracts have to be honoured. [...]
Seizure on a bank account is quite a nuisance for the person it affects. This certainly applies if the bank sets aside the entire balance of the account, while the stake in the legal dispute is lower than the balance. What is a quick solution to clear the bank account? In legal practice, a lot of work is done with depositing security into a third-party account of a lawyer. This warranty is equivalent to attachment.
In the case of joint ownership, a person may be legally obligated to cooperate in dividing ownership of a home, but may not do so or may not want to, or the person may be lost or unreachable. What can be done about this legally?
A home may be jointly owned, for example, in a marriage or in cohabitants who each own half. If the relationship breaks up or a divorce is filed, one party may have an interest in selling (because of the proceeds) and the other may have an interest in delaying the sale. How is this regulated by law?
Undue payment is an important term from the Dutch Civil Code (BW). The term can be used by a plaintiff in a lawsuit as a basis for ordering the other party to pay a sum of money.
A sunny garden in the city is enjoyable. Others prefer more living space: they want to build up their garden. That's bad,news for the neighbor who prefers sunlight and daylight. Is such an extension unlawful and can you stop the construction through the courts? How will the courts decide, what is the role of the zoning plan, and does the architectural value of the building complex count?