The Resource "Mistake" in Dutch private clients practice : the autonomy of parties revealed

"Mistake" in Dutch private clients practice : the autonomy of parties revealed

Label
"Mistake" in Dutch private clients practice : the autonomy of parties revealed
Title
"Mistake" in Dutch private clients practice : the autonomy of parties revealed
Creator
Subject
Language
eng
Summary
When comparing the case law of Hastings Bass, and the more recent UK decisions on the doctrine of mistake, with the concept of mistake in Dutch civil law, it can be concluded that mistake in Dutch civil law has a more expansive application, since it is based on the general principles of contract law. Rather than avoiding a contract for mistake, parties are able to amend the consequences of a contract, thereby avoiding the consequence of annulment of the agreement. This provides, in practice, a powerful tool to 'redo' complex estate planning transactions in situations where parties can be brought to consensus on the renewed transaction. In conclusion, mistake is not a 'get out of jail free card' in all cases where taxpayers seek to avoid the fiscal consequences of their ill-advised actions. Nonetheless, this is a device that is often overlooked as a powerful remedy. It is in all events a sophisticated solution and should be handled with professional caution
Citation source
In: Trusts & trustees. - Oxford. - Vol. 21 (2015),
http://library.link/vocab/creatorName
Koele, I.A
Geographic coverage
  • European Union
  • Europe
Language note
English
http://library.link/vocab/subjectName
  • case law
  • estate planning
  • civil law
  • gift tax
Label
"Mistake" in Dutch private clients practice : the autonomy of parties revealed
Instantiates
Publication
Label
"Mistake" in Dutch private clients practice : the autonomy of parties revealed
Publication

Library Locations

    • IBFD Library AmsterdamBorrow it
      Rietlandpark 301, Amsterdam, 1019 DW, NL
      52.37366609999999 4.9336932
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