Unexpected impact on corporate matters of new Belgian rules regarding unfair contract terms

This week, Sandro Christiaens (Junior Associate Corporate/ M&A) made his first contribution to the legal doctrine. In his article published by Rechtskundig Weekblad, Sandro provides an analysis on the scope of application of the new Belgian law concerning unfair contract terms in B2B relations from a corporate law perspective. As the new rules are applicable to all business contracts (with few exceptions), it can also have an impact on shareholders’ agreements. Furthermore, the question arises to what extent articles of association (and in general, corporate law) are impacted by these new rules. It is up for debate whether such an extensive application is desirable.

Reference: S. CHRISTIAENS, “Vennootschapsrechtelijke bedenkingen bij de B2B-Wet van 4 april 2019”, RW 2020, nr. 39, 1554-1557.