Taking back what's ours? Possibilities and impossibilities of recapturing bonuses

Research output: Contribution to journalArticleAcademicpeer-review


This article deals with the possibilities that dutch and french civil law and labour law offer to bring about changes in employment contracts, more particularly, the possibilities to change bonus clauses. Both countries use rather different concepts. Where the dutch law uses general principles and relies on the judge's appreciation of the facts, the french law opts for strictly objective reasonings with virtually no role for the judge other than objectively applying the concepts. However, in a concrete case, the outcome may not differ as much as one might expect on first sight.
Original languageEnglish
Pages (from-to)162-177
JournalMaastricht Journal of European and Comparative Law
Issue number2
Publication statusPublished - 1 Jan 2010

Cite this