With an ageing population, the number of people with dementia is expected to increase in the coming decades. Dementia can seriously impair a person’s ability to act and decide. In the Netherlands, adults can provide for such a future period of incapacity through a so-called levenstestament. A levenstestament can include the appointment of an attorney for financial, medical and/or personal matters, but also the adult’s wishes, preferences and instructions regarding these matters. Over the ...

The EU Return Directive lays down minimum standards and procedures concerning the return of third-country nationals (non-EU nationals) illegally residing in a member state. To actually effectuate their return, the Return Directive provides for several instruments, such as the return decision, the entry ban and the possibility of detention.

In this study, the author has researched the merger of criminal law with immigration law, known as the crimmigration phenomenon, in relation to the EU Retu...

Systems based on artificial intelligence (AI) offer increasing opportunities to support human decision-making. This book discusses these opportunities from highly practical perspectives. Starting from a solid background and explanation of artificial intelligence and the general ethical challenges and possibilities in the legal field, it delves into four specific applications of AI systems. The first part relates to the use and deployment of AI systems in the corporate boardroom and in the con...

Many companies today face international influences, and many more will follow suit. A scenario that was recognised early on by Prof. Adriaan Dorresteijn (Utrecht University). To honour his innovative research, teachings, and administration work, this Liber Amicorum includes capita selecta of recent business and private law publications. These articles discuss, inter alia, the relationship between mother and daughter companies, the protection ofactors working for companies, cross-border compan...

When you buy a home, should that also mean you have to inform the whole world where you live, how much you paid for it, and whether you financed the purchase with a mortgage loan? In essence, the Netherlands and England & Wales answer this question in the affirmative. The only thing that stands in the way of anyone accessing this information in the land registry is the payment of a small fee. In Germany, on the other hand, access to this personal data is restricted to the person who can show ...

This book sets out to answer two main questions: what is the status quo of the position of Dutch works councils in multinational corporations? And which tools within the Dutch legal framework can be utilised in order to secure the successful involvement of the works council in the decision-making process in light of the increasingly globalised economy?

The findings show that many participation rights are frequently used in practice, but not always. The inventory of good practices further rev...

Discrimination is still not sufficiently addressed within liberal democracies. Often only some groups are protected against discrimination and merely in certain situations. This leaves many who suffer because of discrimination without recourse. And that is only one of the dilemmas with group-based approaches to the protection against discrimination. So why are these approaches so common? And can we find a viable alternative?

In this new book, legal scholar Erwin Dijkstra answers these questio...

This collected edition by experts from all over the world, reflects a multidisciplinary approach to marital captivity and shows a multifaceted view of this widespread phenomenon. Marital captivity is a social and human rights problem that occurs within religions or religious communities worldwide. It is defined as a situation in which one or both spouses, but predominantly the wife, is unable to terminate a religious marriage, consequently trapping that spouse within the marriage against her ...

‘Limits to Group Structures and Asset Partitioning in Insolvency: The 800-pound gorilla’ was the theme of the 2018 annual meeting of the NACIIL. This theme encompasses two related topics at the intersection of corporate law and insolvency law:(1) the artificial subdivision of enterprises over different legal entities (asset partitioning) and (2) selective perforation by means of guarantees.

Examples of strategic division of assets over group companies are attempts to actively suppress val...

n recent years there has been significant growth in international business courts in Europe and across the world. They have been established as expert dispute resolution forums offering procedures in English for international commercial parties. Governments have promoted their development as an integral aspect of broader public policy agendas with the aim to enhance the rule of law and the attractiveness of their jurisdictions as legal and economic hubs. While these courts can be lauded for f...