On 10 July 2020 the Dutch Supreme Court rendered two judgments in which the Supreme Court answered preliminary questions of great importance for the broader banking practice in the Netherlands (securitisations, cover bond transactions and non-performing loan transactions).
The first question was to what extent claims of a bank on a borrower are by their nature non-transferable to a non-bank. The judgments further provide an answer to the question to what extent the bank's duty of care is relevant in the event a claim on a borrower is transferred by a bank to a non-bank.
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