Commercial law
Practical law for business owners.
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A business partner is not paying. What to do in the first 30 days
Work out the limitation period first: for the sale of goods it is 2 years, not 3. Then one specific demand, the interest and the compensation. -
A contractual penalty in a construction works contract. When it can be reduced
A penalty for delay in payment is invalid (Article 483 § 1 of the Civil Code), and a grossly excessive one may be lowered by the court. But the application has to be made. -
A board member’s liability for company debts. Article 299 CCC without the jargon
The creditor only has to show that enforcement was ineffective. It is the board that must prove the bankruptcy petition was filed on time. -
Limitation in B2B. Three years is only the rule, and the exceptions are expensive
Sale of goods: 2 years. Services and mandate contracts: 2 years. Contract for specific work: 2 years. Carriage: one year. Before you calculate the period, check what kind of contract it was. -
A contract sent by a business partner. Seven places I look at first
Jurisdiction, contractual penalties running only one way, a right of withdrawal with no deadline. A list of the things that turn out to be expensive in a dispute. -
Sole proprietorship or a limited liability company. The risk arithmetic
Liability with your personal assets versus double taxation and Article 299 CCC. When conversion actually pays off. -
Ongoing legal support: when a flat fee costs less than one lawsuit
Reviewing your contract templates usually costs less than a single dispute that grew out of those templates.