Civil law proceedings
We assist clients in all types of civil law matters and proceedings. These include disputes concerning the performance of commercial contracts, such as agency agreements and distribution agreements.
We also advise and represent clients in debt recovery, attachment proceedings and liability matters. Where necessary, we litigate firmly to protect our clients’ interests.
We advise and litigate on matters including:
- tort
- government liability
- avoidance of agreements on grounds of duress, mistake, fraud or abuse of circumstances
- the Dutch Actio Pauliana
- termination of agreements and damages claims for breach of contract
- professional liability of tax advisers, civil-law notaries, lawyers, accountants and banks
- civil enforcement of competition law, including damages actions for cartel infringements
Civil law, also known as private law, concerns disputes between individuals, companies, or individuals and companies. In business matters this includes disputes about commercial contracts such as agency and distribution agreements, advice on debt recovery and assistance where prejudgment or enforcement attachments are involved.
Would you like to discuss how Poelman c.s. can assist your business? Please contact us to arrange an introductory meeting.
In the event of non-performance, a party may claim performance, damages and/or termination of the agreement, depending on the circumstances. We assist with demand letters, negotiations and court proceedings.
Would you like to discuss how Poelman c.s. can assist your business? Please contact us to arrange an introductory meeting.
Civil debt recovery usually starts with a demand letter or notice of default. If payment is not made, the creditor may commence proceedings by issuing a writ of summons. In urgent cases, summary proceedings may be appropriate.
Would you like to discuss how Poelman c.s. can assist your business? Please contact us to arrange an introductory meeting.
A prejudgment attachment is a provisional measure used to secure assets before a judgment has been obtained. It may prevent a debtor from disposing of or concealing assets. In the Netherlands, leave of the court is required.
Would you like to discuss how Poelman c.s. can assist your business? Please contact us to arrange an introductory meeting.
An enforcement attachment is an attachment levied on the basis of an enforceable title, such
as a court judgement. It enables recovery against the debtor’s assets, for example through the forced sale of property.
Would you like to discuss how Poelman c.s. can assist your business? Please contact us to arrange an introductory meeting.
Under Article 6:162 of the Dutch Civil Code, a party that commits an unlawful act attributable to it is liable for the damage suffered by another party as a result. An unlawful act may consist of an infringement of a right, an act or omission contrary to a statutory duty, or conduct contrary to unwritten standards of proper social conduct, unless a justification applies.
Would you like to discuss how Poelman c.s. can assist your business? Please contact us to arrange an introductory meeting.
An agreement may be avoided on grounds including duress, mistake, fraud or abuse of circumstances. In appropriate cases, avoidance has retroactive effect under Dutch law.
Would you like to discuss how Poelman c.s. can assist your business? Please contact us to arrange an introductory meeting.
The Dutch Actio Pauliana is laid down in Article 3:45 of the Dutch Civil Code. If the statutory requirements are met, a creditor may avoid a legal act performed by the debtor. Among other things, the legal act must have been entered into without an obligation to do so and must have prejudiced the creditor.
Would you like to discuss how Poelman c.s. can assist your business? Please contact us to arrange an introductory meeting.
