Opportunities And Risks Resulting From Differences Between German And Dutch Civil And Procedural Law

The Dutch "Beslag" and the German "Eigentumsvorbehalt"

The Netherlands and Germany possess a common border which is merging to form a connecting link. A typical examine is a retirement home project built partly on Dutch territory and partly on German territory.

Also with regard to the law, increasing conformity is emerging as nowadays law is legislated based on European directives. Irrespective thereof, there are still considerable differences which are largely unknown. This has the serious effect that the opportunities created by cross-border business are not realized and the risks not noticed.

Below are two examples:

1. The German Extended Reservation Of Title (Eigentumsvorbehalt)