Negotiations, prescription and reasonableness and fairness

30-04-2018

In Bedrijfsjuridische berichten (Bb), 2018, no. 23, Douwe Cnossen wrote the article "Negotiations, prescription and reasonableness and fairness".

Invoking prescription may under certain circumstances be unacceptable according to the standards of reasonableness and fairness if the term of prescription ended during the negotiations. In the judgement to be discussed (Supreme Court dated 26 January 2018), the Supreme Court makes short work of the Court of Appeal's ruling that prescription of a claim for damages is not legally valid. Moreover, the Supreme Court addresses the potential consequences of negotiations on an appeal to prescription.

You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.

Download als pdf

Specialist(s)