Private instrument: without concrete statement no compelling evidentiary value
In Bedrijfsjuridische berichten (Bb), 2018, no. 10, Mariska Nijenhof-Wolters wrote the article "Private instrument: without concrete statement no compelling evidentiary value".
If two parties have a dispute, the arrangements between the parties that have been set out on paper may offer a solution; in other words: they serve as evidence. If the criteria of a private instrument are met, the arrangements between the parties that have been set out on paper offer compelling evidence as to what the parties declare in the instrument. In short: subject to proof to the contrary, the arrangements between them are considered to be the truth. The judgement of the Supreme Court of 22 December 2017 centres on the question of whether the instrument provides compelling evidence of the purchase agreement set out or whether this instrument can contribute to evidence in any other way.
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