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Daan Beenders, Andries Polkerman and Wouter Hofstee have written an article, published in "Maandblad voor Vermogensrecht", focusing on an issue that can be relevant in settlement discussions; ...
Daan Beenders, Andries Polkerman and Wouter Hofstee have written
an article, published in "Maandblad voor Vermogensrecht",
focusing on an issue that can be relevant in settlement
discussions; namely the complications that can arise (particularly
in mass damages claims) when trying to reach a final settlement for
an individual debtor when multiple debtors are liable for damages
on a joint and several basis.
In principle, an individual settlement between a debtor and a
claimant does not affect contribution claims of other jointly and
severally liable debtors vis-à-vis the settling debtor. The
article provides some practical suggestions on how to ensure that
an individual settlement also pertains to contribution claims.
To read the full article, click here. This article is available in
Dutch only.
This article from Maandblad voor Vermogensrecht [Property
Law Monthly] is published by Boom juridisch, fifth edition,
2017.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
