SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (I)

Attempting to obtain temporary instructions from the court

The procedure for provisional measures in summary proceedings (in Dutch: kort geding), a.k.a. interlocutory proceedings, is an interim injunction procedure before the court. Such proceedings, under Netherlands Antilles law, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the case.

These proceedings are characterized by their more or less summary character and their relatively quick nature. There is a clear relationship to a procedure on the merits, which always may be instituted and sometimes even must be followed. Provisional measures that are prescribed in summary …
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11
Jul 2009
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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
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Legal

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RIGHT OF SET-OFF UNDER DUTCH CARIBBEAN LAW

One of the most modern regimes in the world

The legal concept of set-off may be defined as setting cross-claims off against each other to produce a single balance. For instance, if A were to have a claim against B for a sum of money, and B would have a cross-claim against A for a sum of money, then B is entitled to be absolved from payment of A’s claim to the extent of his cross-claim and is also entitled to use his cross-claim in pleadings as a defense in an action by A to enforce his claim.

Set-off functions …
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10
Mar 2009
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Legal

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PLEDGING A REGISTERED CLAIM IN THE DUTCH CARIBBEAN

Disclosed vs undisclosed

A right of pledge is a limited right, intended to provide recourse against the property subject thereto for a claim for payment of a sum of money, with preference over other creditors. A registered claim (vordering op naam) is a personal right to payment not to order or bearer. The difference is of relevance with respect to establishing a right of pledge. A right of pledge on, for instance, bearer shares, is established by bringing the shares into the possession (under the control) of the pledgee (possessory pledge) or through a deed (non-possessory pledge).

Where it concerns …
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28
Feb 2009
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Legal

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THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS

FAQ

Question 1

Are there any particular issues that concern foreign plaintiffs in the Netherlands Antilles?

If proceedings on the merits are initiated by a non-resident plaintiff, the defendant may ask the court to order that the plaintiff provide security for damages, costs and interest which it might be liable to pay as a result of the judgment in aforementioned proceedings. This “cautio judicatum solvi” does not apply if there is a Convention (Treaty) on legal proceedings between the Netherlands Antilles and the plaintiff’s country.

Question2

Can attorney costs for legal proceedings be recovered?

Generally speaking, each party has to …
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20
Dec 2008
CATEGORY

Legal

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THREE QUESTIONS ON DUTCH CARRIBBEAN BANKRUPTCY LAWS

FAQ

Question 1

In which cases and by whom may bankruptcy proceedings be initiated in accordance with Netherlands Antilles bankruptcy law?

Filing for bankruptcy may be done either by the debtor itself or by one or more of its creditors. If the debtor is a company, the managing directors do not have the authority to petition for bankruptcy of the company without authorization thereto from the general meeting, unless otherwise stipulated in the articles of association.

The pre-requisites for making a bankruptcy order on application, regardless of whether the application is made by the debtor or by any of the …
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16
Dec 2008
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Legal

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FOREIGN CLAIMS SECURED BY DUTCH CARIBBEAN SECURITY RIGHTS

The 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 Netherlands Antilles right of pledge. This raises all kinds of questions.

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

Also, if one wishes to create a right of pledge in a foreign right, such a right must be a registered claim (‘een tegen …
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18
Oct 2008
CATEGORY

Legal

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