Introduction In Dutch commercial legal practice, contracting parties frequently act as representatives of a company. Generally, this representation is unproblematic, but intermediaries sometimes exceed their authority or act as representatives without the required authorization. The general principle in Dutch law is that unauthorized representatives cannot bind parties. However, this can vary under certain circumstances. Legal proceedings on the merits of … Read more

Introduction Under Dutch law, a general principle is that contracting parties conclude agreements in their own name, i.e. they conclude agreements for themselves. However, in Dutch commercial legal practice, contracting parties frequently act as representatives of a company. In the latter situation, confusion often arises as to whether a party has acted in his/her own name, or alternatively in his/her … Read more

Introduction The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts. For these nominate contracts, the Dutch legislator has formulated specific legal rules in the Dutch Civil Code. In some cases, these legal rules are mandatory; i.e. the contracting parties cannot derogate from these legal rules. The purpose … Read more