Master Frank Visser was in Loosduinen last summer and last week the broadcast of ‘Mr Frank Visser does Uitspraak’ was shown on TV. It was a neighbor dispute. Kat Giovanni van Deborah misbehaved in the garden of the neighbours, Rob and Gerda. Master Frank Visser’s statement: The cat must go. But is this ruling legally valid? We find out:
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Rob and Gerda from The Hague are angry with their neighbors across the street. Or rather the cat. Killer cat Giovanni (as Garda calls it) regularly hunts in their garden and has even taken their beloved chicken. Rob clearly states in the episode what will happen to Gio if he gets hold of the cat: “Only Verweggistan.”
Since Rob stopped by Deborah to complain about her cat, she has kept the black tom inside. A cat expert judges that Gio is too stressed because he is used to going outside. Master Frank Visser understands that the cat should be able to go outside, but thinks that Loosduinen is not the place for that. His statement: Deborah must find a new home for Giovanni within three months. If she does not, she has to pay a fine to Gerda and Rob of 25 euros per day.
Is this ruling legally valid and will Deborah really be fined if she doesn’t get rid of her beloved cat? We find many sources, including law firms, that explain to us the validity of the statements of Master Frank Visser. Good to know: Mr. Frank Visser is actually a judge. He graduated as a master in law, worked for the police and the Public Prosecution Service and was a subdistrict court judge in Zaandam.
In the program ‘Mr Frank Visser makes a statement’ Frank Visser does not act as a judge, but as an expert who gives advice. The verdict is therefore not a judgment of a judge, but a binding advice. That is an agreement between two parties having a disagreement. They both agreed to let someone else settle the argument. In this case Frank Visser. His binding advice is a valid agreement and therefore legally valid.
Of course Frank Visser cannot just say anything. First, all parties must be heard and the decision must be reasonable. Before participating in the program, the participants sign that they both adhere to the pronunciation. They cannot appeal, but the binding advice can be annulled by an ordinary court. A judge will not do that quickly, because both neighbors have agreed that Frank Visser will come up with a solution.
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But suppose Deborah really doesn’t get rid of her cat. So you don’t follow the advice? Then no police will be called in. But if someone does not keep to the agreement, the arguing neighbors have to talk to each other again. If one of the two does not want to do this, then there is default and the other party can go to court.
Last year, a father and daughter did not obey Mr. Frank Visser. They then had to pay a fine of 27,650 euros to the neighbors with whom they had an argument, a ‘real’ judge had determined.
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