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Publication The Hague Court ruling of 8 July 2015 Client N. Kreté: Woman Essence: Old age- and survivor pensioen, mutual error, partial destruction covenant CLI: NL: RBDHA: 2015:7725
The Court confirms that parties both wandered in regards to the height of the old age pension at the time of agreeing the covenant. The Court considers that the woman’s statement that the man also wandered, has insufficient been contradicted and therefore the judge ruled that the man also wandered. The Court deems also asked by the woman causal link between the error and the content of article 5 of the present covenant.
The successful appeal on the mutual error leads to the judgement of the Court to assign the demand partial destruction, as far as it concerns agreements on old-age and survivors pension. Now the partial destruction has retroactive effect, the man is obliged to cooperate with the realisation of making the destroyed articles undone and to cooperate with the dividing of the pension. This means that he has to fill in and sign the necessary forms within a month after the delivery of the judgement and provide them to the pension administrators. The Court therefore allocates the claims in favor of the woman.