12 October 2017

Liability in company law: actions and defense

Actions and their interrelation

In the case of damage caused by the directors and managers to the company, its shareholders or its creditors, the question arises as to which actions are at the disposal of the aggrieved party and what is the interrelationship of these actions. Can the various actions be brought at once or only in a specific order? The defendants often argue that given the (alleged) subsidiarity of the action taken, the claimant should bring another action against one or more third parties first.

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29 August 2016

Caution with deliveries on credit

Acceptance of payment for delivered goods – What is at issue?
A debtor having financial difficulties is often no longer able to pay all outstanding bills. If he pays invoices for goods that have already been delivered and there are indications of financial difficulties, the creditor is well advised not to unconditionally accept payment but to first make inquiries about the debtor's actual financial situation. Doctrine and jurisprudence consider the payment of outstanding debts as fundamentally harmful to creditors if the debtor is not able to also settle all of his other financial obligations when due. If, subsequently, the debtor is declared bankrupt, if a seizure is executed, or if debt restructuring proceedings occur, a previously rendered payment can be challenged and the creditor can become obliged to return the received payment which will then form part of the enforcement proceedings.

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