The Supreme Court ruled on January 9, 2015 judged that circumventing the chain arrangement in advance in a settlement agreement is not permitted. Although to terminate a determination in deviation from mandatory law may be concluded in an existing dispute, this may not for prevention of a dispute. Otherwise, mandatory law could easily be set aside in advance, according to the Supreme Court.

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This contribution was written by mr. Jennifer Horsten

HR 9 January 2015, ECLI:NL:2015:39