ARTICLE
9 June 2015

Statutory Duty To Complain Should Not Apply To Internal Liability Of Directors

DB
De Brauw Blackstone Westbroek N.V.

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Dulijon and Sander argue in this article that a creditor's statutory duty to complain about defective performance should not apply to claims by a company/trustee against a director based on section 2:9 Civil Code.
Netherlands Corporate/Commercial Law

Dulijon and Sander argue in this article that a creditor's statutory duty to complain about defective performance should not apply to claims by a company/trustee against a director based on section 2:9 Civil Code.

They raise both dogmatic and practical grounds for their position. In assessing claims based on internal liability of directors, courts should only be guided by section 2:8 Civil Code.

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Source: ​Maandblad voor Vermogensrecht, edition 4, 2015

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.

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