Homologatie

In Dutch law, homologation refers to the formal confirmation by the court of a composition agreed between the debtor and its creditors in the context of bankruptcy or suspension of payments. This composition sets out the terms for the settlement of debts and, once homologated, becomes binding on all parties concerned.

The significance of homologation is that a majority of creditors may impose the arrangement on the entire body of creditors, including dissenting minorities. This facilitates the efficient resolution of insolvencies and prevents individual creditors from obstructing the process.

In practice, the trustee or administrator petitions the court for homologation. The court then examines whether the statutory requirements have been satisfied, including the requisite voting majority and the reasonableness of the composition.