NON-POSSESSORY PLEDGE UNDER THE LAWS OF ARUBA

A non-possessory pledge requires a deed

Security rights are an important issue, especially in financing transactions. A company may, for example, guarantee the obligations of another company under a certain loan facility. There are several alternatives, one of which will be discussed here.

Under the laws of Aruba there are several kinds of pledges, in particular, the possessory and the non-possessory pledge. In the case of a possessory pledge, the physical control of the assets concerned will be transferred from the owner/borrower to the bank/lender.

In the case of a non-possessory pledge, regarding for example registered shares, the pledge is …
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17
Aug 2010
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Legal

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PRE-TRIAL MOTIONS IN ARUBA

Differences with the United States

Civil proceedings in Aruba differ substantially from those in the United States. In Aruba there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in the United States do not exist. Pre-trial motions similar to those in the United States do not exist in Aruba either. There are, however, so-called incidents or ancillary proceedings in Aruba.

An ancillary proceeding may be a separate procedural step or an ancillary step within the …
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22
May 2010
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Legal

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FOREIGN CLAIMS SECURED BY ARUBAN SECURITY RIGHTS

The foreign law governed claim must be sufficiently identifiable

Many financing arrangements are of a cross-border nature. For instance, a loan agreement governed by English law with the loan secured by a right of pledge governed by the laws of Aruba. This raises all kinds of questions.

Any foreign right, for instance a claim, in which an Aruban pledge is created, must be sufficiently identifiable (‘met voldoende bepaaldheid omschreven’) within in the meaning of section 3:84(2) of the Civil Code of Aruba.

Also, if one wishes to create a right of pledge in a foreign right, such a right must …
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23
Jan 2010
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Legal

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UNLAWFUL ACTS UNDER ARUBAN LAW

Several requirements apply

Article 6:162 section 1 of the Aruba Civil Code (Aruba CC) stipulates four conditions for someone’s obligation to compensate damage based on an unlawful act (tort):

  • A person has committed an unlawful act (‘onrechtmatige daad’) against another person; and
  • The act can be attributed (‘toegerekend’) to that person; and
  • Some other person has suffered damage (‘schade’); and
  • The unlawful act has caused these damages (‘causaal verband’).
  • Article 6:163 Aruba CC provides for an exception to the general rule of article 6:162 Aruba CC: “There is no obligation to repair damage when the violated norm does not have …
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    13
    Jun 2009
    CATEGORY

    Legal

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    STATUTORY LIMITATIONS FOR FILING A CLAIM UNDER ARUBAN LAW

    Five year period

    With respect to the limitations under Aruban law for filing a claim, the pertinent legal provisions governing limitations are set out in Book 3, Title 11 (Rights of Action) of the Aruban Civil Code.

    According to Article 310 the right of action for compensation for damage is prescribed up to the end of a five year period from the beginning of the day following the one on which the person who is prejudiced becomes aware of both the damage and the identity of the person responsible for it.

    If an accident occurred on August 1, 2004, for …
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    23
    May 2009
    CATEGORY

    Legal

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