What is the legal nature of the litigation described below?
Questioner
The board of the association (legal entity) takes a (disciplinary) measure against one of the members. The member appeals against this to the professional committee of this association (the procedure is regulated in the articles of association). Is the handling of the case by the professional committee arbitration as mentioned in book 4 of the WvBRv (I am thinking in particular of the provision of art. 1020 paragraph 5)Lawyer
Based on the information, I can only give a general answer as I do not know what else is stated in the articles of association and what exactly is going on. Arbitration is in principle dispute resolution by an independent arbitral tribunal. The number in the arbitral tribunal must be odd (may also be 1). See for example art. 1026 RV. This does not seem to be the case. Article 2:35 BW states that the board (or a body designated in the articles of association) can dismiss a member and terminate a membership. This under circumstances as stated in the articles of association, e.g. if the member no longer meets the conditions or if it cannot be expected of the association that the membership will continue. The articles of association (or a regulation) may also contain rules regarding a suspension or the procedure to be followed. Based on your information, it appears to concern powers of the board/an internal body regarding membership.Neem de volgende stap
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