13 May 2015

Statutory duty to complain should not apply to internal liability of directors

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.
Download To download the article, click here. Available in Dutch only. Source: ​Maandblad voor Vermogensrecht, edition 4, 2015