Article 7:908 Legal effect of an agreement, which is made mandatory by the Tribunal – 1. As soon as the request for a declaration making the agreement binding is served, the agreement covered in Article 7:907, as between the parties and the rights holders, has the effect of a transaction agreement within the meaning of Article 7:900 to which any entitled person is considered a party. – 2. The declaration that the agreement is binding has no consequence for a person entitled to compensation provided to the person covered by Article 7:907, paragraph 2, under point f), within the time limit set by the court, at least three months after notification of the section 1017, paragraph 3 decision of the Code of Civil Procedure. that he does not want to be bound by the agreement. The Tribunal may authorize the parties who have entered into the contract to ask the right holders to request additional information, accompanied by the notification contained in the first sentence. If the information in the second sentence is not provided or if it is inaccurate or incomplete, it does not affect the validity of the communication mentioned in the first sentence. – 3. A statement that the agreement is binding has no consequences for a person who is entitled to compensation who, at the time of the notice referred to in paragraph 2, could not have been informed of his loss (damage) if, on the knowledge of the person covered by Section 7:907, paragraph 2, point f), he informed of his loss (damage) , but after learning of his loss (damage) , in writing, his wish not to be bound by the agreement. A party who has committed to pay damages under the agreement may grant a person who is entitled to compensation within the meaning of the first submission of the sentence a period of at least six months to declare that he or she does not wish to be bound by the agreement. This notice also indicates the name and place of residence of the person covered in section 7:907, paragraph 2, at point (f). – 4.
A provision exempting part of an obligation to the detriment of the rightful holders, which exists after the Court`s declaration that the agreement is binding, is null and void, unless it gives parties who are obliged to pay damages the common power to terminate the contract no later than six months after the expiry of the period covered in paragraph 2. , that the declaration that the agreement is binding concerns too few people who are entitled to compensation or do not have sufficient effect for another reason mentioned in the agreement. In this case, the information is carried out by notification in two newspapers and by written notification to the Foundation or the Association covered by Article 7:907, paragraph 1. Parties who have terminated the contract ensure that known rights holders are terminated in writing as soon as possible, to the effect that the parties may use the last known residence of the rights holders. – 5. Once the agreement has been declared binding, the parties who entered into the contract cannot invoke the grounds of nullity under Section 3:44, paragraph 3, and Article 6:228 of the Civil Code, and a person entitled to compensation cannot invoke the nullity ground under Section 7:904, paragraph 1.