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PhD ceremony Ms. I. Visser: De executoriale verkoop van onroerende zaken door de hypotheekhouder

When:Th 30-05-2013 at 16:15

PhD ceremony: Ms. I. Visser, 16.15 uur, Academiegebouw, Broerstraat 5, Groningen

Dissertation: De executoriale verkoop van onroerende zaken door de hypotheekhouder

Promotor(s): prof. L.C.A. Verstappen

Faculty: Law

Several media reports and studies have shown that for various reasons the proceeds are generally too low. In addition, the need is felt for the use of modern means of communication and a future-proof procedure of sales under execution. Thirdly, over the past years there has been an increase of the number of sales under execution: in 2003 the number was below 1.000, in 2012 the number increased to 2.488. Because of these developments, the question arises whether this legislation still ensures the best possible procedure for a sale under execution, leading to the highest possible net proceeds.

This is the central question of Irene Visser’s study, which is the first to systematically examine the entire statutory procedure for sales under execution from a legal point of view. Visser shows several problems in the current legislation to obtain the highest possible net proceeds. For example, the current legislation is insufficiently flexible to make use of new technological developments ánd the current statutory provisions do not always provide the leeway required to arrange the procedure for the specific items on sale. Secondly, the alternative procedure for the public auction (the private sale under execution) needs to be thoroughly changed, in favor of reaching more private bidders. A third example is the need to clearify and better integrate into the property-law system the consequences of the sale under execution for some rights, like the right of tenants. The amendments in the bill containing amendments in the procedure for sales onder execution, submitted to the Dutch House of Representatives on 22 November 2012, are discussed at various points in this study.

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