Please note, an exemption clause is not always valid!
An exemption clause is not automatically valid. A clause limiting or excluding your liability can be set aside by the court, especially in contracts with consumers. Towards a consumer...
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Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
Always include a clause regarding secondary employment in the employment contract
You may still include a clause regarding secondary employment in the employment contract, but since August 1, 2022, a ban on secondary employment is only valid if you have an objective justification for it. Since...
Tip: also pay attention to the determinability requirement in the deed of assignment
A deed of assignment is only legally valid if the transferred claim is sufficiently ascertainable. The deed itself must contain enough objective information to establish – if necessary retrospectively –...
Do I really need to draw up a volunteer contract? Yes. Here is why.
Yes, always document volunteer work in a written volunteer agreement. A volunteer contract is not legally required, but it prevents ambiguity, strengthens your position regarding tax and evidence, and regulates in advance what...
What about the buyout amount of the lease car upon termination of employment?
You may only pass on a buyout fee for the lease car upon termination of employment to the extent that it concerns actual costs. Do you charge the damages that the leasing company charges due to early termination...
Doubt clause in model HOA regulations does not hold up
A doubt clause in the model regulations of a Homeowners' Association often does not hold up in practice. As soon as the interpretation of the deed of division is clear according to objective standards or through existing case law,...
The right of withdrawal remains applicable after removal of the protective film
Yes, the right of withdrawal remains applicable after a consumer has removed the protective film or seal from a product such as a mattress. A provision in your general terms and conditions that...
Termination of lease agreement: what about the phosphate rights?
Upon termination of a lease agreement, the phosphate rights in principle belong to the lessee. In principle, the lessee is not required to transfer them to the lessor and may...
7 legal tips to ensure customers pay faster
Do you want customers to pay faster? Establish payment terms in writing, send reminders immediately after they expire, and build legal incentives into your general terms and conditions: retention of title, a penalty clause, and statutory...
Why you had better put exclusivity agreements in writing
Always record exclusivity agreements in writing. An oral exclusivity agreement is valid in principle, but as soon as the other party fails to abide by it, you must... the existence and content thereof...
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