Category: Andersen in Belgium
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Court forces sperm donor to undergo DNA testing
A groundbreaking judgment obtained by our firm 1. Previously… A child conceived through anonymous sperm donation and in-vitro fertilization discovers at a certain age that her legal father is not her biological father. She therefore seeks clarity about her biological paternity on her father’s side, without wanting to break the bond with her legal father. …
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Directors can be held personally liable
The abolition of quasi-immunity of the executive agent (Part 2) 1. What does the new regulation stipulate? As from 1 January 2025, the “auxiliary person” can be held personally liable by the counterparty if he commits an extra-contractual fault. In contrast, the auxiliary person will not be liable if the mistake is merely a contractual. Hence,…
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Can the farming lease be continued by the heirs after the death of the lessee? If so, what are the conditions?
1. General principle The rules provided for in the Farming Lease Law for when the lessee dies are taken over in the Farming Lease Decree, albeit with some legalistic and linguistic adjustments. In principle, the farming lease continues in favour of the heirs or successors unless: 2. To what extent do heirs have the right…
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Donor children have a right to obtain information regarding their donor
1. The underlying facts A donor child asked the fertility clinic where the mother underwent medically assisted reproductive treatment for a copy of the mother’s medical file. With this file, the donor child can find out information about the donor, and thus regarding her origin and identity. The fertility clinic refused to transfer the mother’s…
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The social criminal code reformed: what are the main changes?
Recently, the Social Criminal Code has undergone a significant reform, marking an important shift in the fight against illegal employment and social fraud. The main changes aim to strengthen penalties and expand control measures to better protect workers’ rights and ensure a fairer labor market. This article provides an overview of the key modifications to…
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Landlords of Brussels, are you ready for November 1, 2024?
From November 1, 2024, a lot will change in Brussels rental legislation. You could previously read about this in an earlier post on our website.
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Is sublease and assignment of farming lease possible? If so, under what conditions?
1. Sublease and assignment of lease The provisions of the Farming Lease Law regarding the sublease and assignment of lease to other persons than privileged family members, are partially taken over by the Farming Lease Decree, but with legislative and linguistic adjustments, and are supplemented. It is a frustration for many lessors that more than…
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Providing a home for free to a company director as part of its remuneration?
Documenting well is the message. Better late than never ! The free provision of a (holiday) home or a flat by a company to its manager is and remains an interesting tax optimisation technique. However, it is viewed with suspicion by the tax authorities. The discussion always revolves around the question whether the costs relating…
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Changes to Flemish environmental law – Update
Since our last news items on the various changes to Flemish environmental law, there have been a number of new developments.
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Can a farming lease tenant erect buildings on the land or carry out works?
1. Can a farming lease tenant erect buildings or carry out works? The relevant regulations in this regard are incorporated into the Farming Lease Decree. Under the continued application of Articles 1722 and 1724 of the old Civil Code, tenants have the right, except in cases of valid termination, to: For certain minor infrastructure works,…