The courts apply the law of the state where the legal entity was incorporated The Netherlands Antilles adheres to the Incorporation Doctrine (Netherlands Antilles State Ordinance of 9 September 1960, which entered into force on the 10th of September 1960, P.B. 1960, 166). According to this doctrine, the internal affairs of a corporation are governed… Continue reading THE DUTCH CARIBBEAN INCORPORATION DOCTRINE
Author: Karel Frielink
WHAT YOU SHOULD KNOW ABOUT GEERT WILDERS BEFORE LISTENING TO HIS SPEECH ON 9/11
Geert Wilders: “There is nothing wrong with Islam” The Dutch congressman Geert Wilders (Freedom Party (Partij voor de Vrijheid)) will deliver a speech on September 11, 2010 in New York in opposition to the proposed building of a mosque close to Ground Zero. He will not only condemn the followers of Islam, but also Islam… Continue reading WHAT YOU SHOULD KNOW ABOUT GEERT WILDERS BEFORE LISTENING TO HIS SPEECH ON 9/11
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… Continue reading NON-POSSESSORY PLEDGE UNDER THE LAWS OF ARUBA
SCANNED EVIDENCE UNDER THE LAWS OF THE DUTCH CARIBBEAN
Electronic files will not be disregarded as evidence A Netherlands Antilles or Aruban court may only base its decision on facts. An alleged fact that is not disputed by the parties is considered to be such a fact, even if it does not correspond with reality. For example, if both parties state that they were… Continue reading SCANNED EVIDENCE UNDER THE LAWS OF THE DUTCH CARIBBEAN
DIRECTORS’ LIABILITY IN THE DUTCH CARIBBEAN
Personal and several liability The members of the Board of Directors are personally and severally liable towards the NV (or BV, as the case may be) for any loss caused by the improper performance of duties. Each member of the Board who proves that he cannot be blamed for such improper performance and that the… Continue reading DIRECTORS’ LIABILITY IN THE DUTCH CARIBBEAN
PUBLIC TRANSPORTATION ON CURACAO
Public transportation in the tourism industry Curacao is an increasingly popular tourist destination. As in many other tourist destinations, travel agencies and hotels offer various transportation services for tourists. Also, supermarkets, restaurants, car rental agencies or hotels, have started to offer (complimentary) transportation services for tourists. According to the Island Decree on public transportation, it… Continue reading PUBLIC TRANSPORTATION ON CURACAO
SEE YOU IN COURT?
Arbitration as an alternative for settling disputes in Curacao Parties with a legal dispute can turn to the public court system to settle the dispute; however, instead of bringing a lawsuit in a public court, they can also opt for arbitration. Arbitration is a form of private dispute settlement in which the parties instruct one… Continue reading SEE YOU IN COURT?
CELEBRATING THE 5TH ANNIVERSARY OF THIS WEBLOG
A cartoon has been drawn by Mike Flanagan for the 5th anniversary of the launch of Karel’s Legal Blog June 1st, 2010 marks the 5th anniversary of my legal blog. This is an important milestone for me. Back in May 2005 I only had a rough idea about blogging and what it would take to create… Continue reading CELEBRATING THE 5TH ANNIVERSARY OF THIS WEBLOG
COMMENCING PROCEEDINGS AGAINST MULTIPLE DEFENDANTS IN THE DUTCH CARIBBEAN
Non-residents can be sued A general rule under the Netherlands Antilles code of civil procedure is that the Curacao court (or another court in the Dutch Caribbean as the case may be) has jurisdiction over defendants which are (in this example) Curacao residents or companies with an office in Curacao. In the case of multiple defendants,… Continue reading COMMENCING PROCEEDINGS AGAINST MULTIPLE DEFENDANTS IN THE DUTCH CARIBBEAN
CARIBBEAN KIDS NEWS WINS KNN AWARD 2010
Item about fire trucks (click here) The kids news in the Netherlands Antilles and Aruba has won the ‘KNN Award’ during the annual summit of the eight Kids News Network programmes. The award is a yearly professional prize for the best report of the network (see FreeVoice news item). Sulin Passial, chief editor of the… Continue reading CARIBBEAN KIDS NEWS WINS KNN AWARD 2010
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… Continue reading PRE-TRIAL MOTIONS IN ARUBA
THE NEW SURINAM NV
An introduction to draft legislation The law of the Republic of Surinam is in full swing. The Surinam government on a continuing basis is striving to introduce legislation in order to enhance its ability to attract quality business. A recent example is a whole new Civil Code, to become effective in 2010 or 2011 at… Continue reading THE NEW SURINAM NV