PROSPECTUS LIABILITY AND PRIVATE INTERNATIONAL LAW

The Netherlands, Curaçao, St. Maarten and the BES-islands

The Netherlands

Since 11 January 2009 Rome II* has been applicable in the Netherlands with regard to the applicable law on non-contractual obligations. Rome II is not applicable in Curaçao, St. Maarten, Aruba and the BES Islands. This observation obviously does not exclude a certain reflex effect.

Rome II applies to events causing loss occurring after 11 January 2009 (Section 31 Rome II). Non-contractual obligations, insofar as they are relevant here, involve obligations arising from (legal) obligations to pay compensation pursuant to a wrongful act (tort).

In my opinion prospectus …
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20
Mar 2014
CATEGORY

Finance

COMMENTS No Comments

DUTCH CARIBBEAN PRIVATE INTERNATIONAL LAW

The legal effects doctrine: an exception to the lex loci delicti rule

Under Dutch Caribbean rules of private international law, a claim arising from an unlawful act is governed, in the absence of a choice of jurisdiction by the parties, by the law of the country were the unlawful act was committed (lex loci delicti). However, this rule may possibly not apply if the tortfeasor and the injured party are both residing in a country other than that where the unlawful act was committed and if the legal effects occur entirely in the other country. This is the so-called legal …
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23
Aug 2008
CATEGORY

Legal

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