Contractual provisions excluding annulment due to error, duress, fraud or undue influence

In Dutch legal practice, contracting parties often agree on provisions including an arrangement in which they waive their right to invoke the nullity of the contract in question. By doing so, the parties intend to exclude an eventual contractual annulment arising from error, duress, fraud or undue influence. The consequences of annulment can be significant for the parties involved. Therefore, … Read more

Termination of an agreement: compelling grounds?

When does a reason given for termination of an agreement qualify as a compelling ground? That was the central question in the Dutch Supreme Court’s decision of 29 March 2019 (ECLI:NL:HR:2019:446). Depending on the nature of the agreement and the circumstances of the case, termination may only take place under certain conditions, e.g. only on compelling grounds. The Dutch Civil … Read more

Judgement beyond the ambit of the legal dispute

In its judgment of 14 July 2017, ECLI:NL:HR:2017:1357 the Supreme Court decided that the pleadings did not provide sufficient basis for the decision of the Court of Appeal that the contractor’s claim was also based on joint and several liability of the alleged client. Moreover, the pleadings provided no evidence that the alleged client acknowledged that the contractor considered the … Read more

Class action and interruption of the limitation period (annulment pursuant to article 1:89 DCC)

On 9 October 2015 (ECLI:NL:HR:2015:3018) the Dutch Supreme Court decided, upon preliminary questions posed by the Amsterdam Court of Appeal, that a class action interrupts the limitation period applicable to the annulment of securities lease contracts. Factual background On 13 October 2000 the appellant entered into a securities lease agreement with (the predecessor of) Dexia. The appellant was married at … Read more