Author Archives: levdetrez

In commercial contracts, the non-waiver clause is increasingly common. This clause (known in Dutch as ‘niet-verzakingsclausule’ and in French as ‘clause de non-renonciation’) regulates the consequences of a complete or partial failure or delay in exercising one or more contractual … Continue reading →

Contractual relationships can come to an end for various reasons. Two key ways this can happen are through termination and dissolution. Although these terms are sometimes used interchangeably, they have very different legal meanings and consequences. In this article, we … Continue reading →

Did you know that no less than 80% of Belgian companies are family businesses? These enterprises form the backbone of our economy but face unique challenges when family and professional relationships become intertwined. In family businesses, conflicts between relatives can … Continue reading →

The Act of 4 February 2020 repealed the (at that time almost 2OO years old) Opstal Act of 1824 and implemented it in the new Book 3 of the Civil Code (Article 3.177 et seq. new Civil Code). Without prejudice … Continue reading →

Antwerp Court of Appeal rules: the FPS Finance has a duty to convert a simplified tax garnishment (het vereenvoudigd fiscaal derdenbeslag) into a general law garnishment when it is established that the notice by registered mail was not delivered. Significant … Continue reading →

Every business faces agreements. They are the legal backbone of any collaboration, large or small. A clear agreement prevents discussions afterwards and provides guidance when the cooperation comes under pressure. Within such an agreement, certain clauses are of particular importance. … Continue reading →

On 1 October 2024, the Veurne Peace Court (vredegerecht) handed down an important judgment in a case concerning the dissolution of a lease.  The case was brought by the Association of Co-owners (VME in Dutch) against a tenant who, according … Continue reading →

In a significant ruling on 15 March 2024, the President of the Brussels Enterprise Court made an important decision in a dispute resolution case. This recent case illustrates how dispute resolution under the Companies and Associations Code (WVV) can be … Continue reading →

The Court of Appeal in Ghent made a significant ruling on January 8, 2024, regarding the valuation of shares in a dispute settlement between shareholders in an exclusion procedure. The central question was whether a correction on the share price … Continue reading →

The Key to Transparency and Good Governance The shareholders’ right of inspection and oversight is an essential tool to ensure transparency and good governance within a company. In larger enterprises, this right is exercised by an appointed auditor. However, in … Continue reading →