Daan Beenders, Andries Polkerman and Wouter Hofstee have written an article, published in "Maandblad voor Vermogensrecht", focusing on an issue that can be relevant in settlement discussions; namely the complications that can arise (particularly in mass damages claims) when trying to reach a final settlement for an individual debtor when multiple debtors are liable for damages on a joint and several basis.
In principle, an individual settlement between a debtor and a claimant does not affect contribution claims of other jointly and severally liable debtors vis-à-vis the settling debtor. The article provides some practical suggestions on how to ensure that an individual settlement also pertains to contribution claims.
To read the full article, click here. This article is available in Dutch only.
This article from Maandblad voor Vermogensrecht [Property Law Monthly] is published by Boom juridisch, fifth edition, 2017.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.