L’aveu en action’ once again confirmed by the Court of Cassation – The behaviour of parties can prove the existence of a building contract.
Private Construction Law
For years, settled case law of the Court of Cassation has attached evidential value to the performance of the contract by the party against whom evidence must be collected. In a recent ruling of 5 December 2022, the Court of Cassation once again confirmed this principle, and explained that the behaviour of the parties also can prove the existence of a building contract.
13 March 2023
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This article is available in Dutch and French.