Aruba, Bonaire, Curacao, St. Maarten, St. Eustatius and Saba There is a large legal community in the Dutch Caribbean. Until 2007 there was no website with news and general information about the legal system of the Dutch Caribbean, its institutions and its practitioners. Dutch Caribbean Legal Portal aims to fill this void and strives to… Continue reading DUTCH CARIBBEAN LEGAL PORTAL
Category: Legal
BANKING SUPERVISION IN CURACAO AND SINT MAARTEN
Prudential rules and requirements The Central Bank of Curacao and St. Maarten is responsible for the care of the financial system’s health, effected through on and off site inspections of the banking and other financial institutions authorized to operate in Curacao and St. Maarten. The National ordinance on the supervision of banks and credit institutions… Continue reading BANKING SUPERVISION IN CURACAO AND SINT MAARTEN
SURPRISE RULING BY SINT MAARTEN COURT
Court introduces non-statutory transfer of employees In the Netherlands (the European part of the Kingdom), when an undertaking (onderneming) is transferred from one person or entity to another, by operation of law the employees have an employment relationship with the new owner on the terms and conditions agreed with the old employer. For example, such… Continue reading SURPRISE RULING BY SINT MAARTEN COURT
ASSIGNMENT OF RECEIVABLES IN CURACAO
Notification no longer necessary for perfection of assignment Under Curacao law the transfer of ownership requires transfer of title (levering) pursuant to a valid legal title (geldige titel) by a person who has the power of disposal over the asset (beschikkingsbevoegheid) being transferred. The rules on transfer of title (levering) are equally applicable to the… Continue reading ASSIGNMENT OF RECEIVABLES IN CURACAO
APPELLATE PROCEEDINGS IN THE DUTCH CARIBBEAN
Full review of the case Appellate proceedings in the Dutch Caribbean provide for a full review of the appealed decision: the grounds on which the Appellate Court can reverse the original judgment are not, as in certain other jurisdictions, limited to procedural matters. It is furthermore permissible to introduce new documentary evidence in the course… Continue reading APPELLATE PROCEEDINGS IN THE DUTCH CARIBBEAN
INSURANCE BUSINESS IN ARUBA (II)
Different insurance contracts According to the SOSIB a “life insurance agreement” is an insurance contract concerning the payment of cash benefits related to the life or death of man, and a “general insurance contract” is an insurance contract, other than a life insurance contract. Generally, an insurance contract is understood to be an agreement whereby… Continue reading INSURANCE BUSINESS IN ARUBA (II)
INSURANCE BUSINESS IN ARUBA (I)
The Central Bank of Aruba is the regulator The Central Bank of Aruba supervises insurers incorporated in Aruba and the branches and agencies in Aruba of insurers incorporated outside Aruba based on the State Ordinance on the Supervision of the Insurance Business (SOSIB). The SOSIB, effective since 2001, stipulates that life and non-life insurance business… Continue reading INSURANCE BUSINESS IN ARUBA (I)
UNITED NATIONS BASIC PRINCIPLES ON THE ROLE OF LAWYERS
The Basic Principles are considered to be a “soft-law” instrument The Basic Priciples on the role of lawyers were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990. According to the preambule professional associations of lawyers have a vital… Continue reading UNITED NATIONS BASIC PRINCIPLES ON THE ROLE OF LAWYERS
NOMINATION TOP LAW BLOGS
Karel’s Legal Blog Nominated Each year, LexisNexis honors a select group of blogs that set the online standard for a given industry. Karel’s Legal Blog is one of the nominated candidates for the Top 25 International & Foreign Law Blogs of 2011, featured on the LexisNexis International & Foreign Law Community. Karel Frielink (1 November… Continue reading NOMINATION TOP LAW BLOGS
THE ENFORCEMENT OF A JUDGEMENT BY THE COURTS IN CURACAO
Judgments are immediately enforceable most of the time According to Article 55, par. 1 of the Curacao Code of Civil Procedure, opposition (in the case of a default judgment) or appeal (in the event of adversarial proceedings) prevent the enforcement (execution) of a judgment unless the decision is ‘enforceable notwithstanding opposition or appeal’ a.k.a. a… Continue reading THE ENFORCEMENT OF A JUDGEMENT BY THE COURTS IN CURACAO
THE DUTCH CARIBBEAN JUDICIAL SYSTEM
A well developed system The judicial system of the various islands in the Dutch Caribbean (Aruba, Bonaire, Curacao, St. Maarten, Saba and St. Eustatius) is independent, has a long history, and is well developed. It is capable of resolving complex commercial disputes in a just and efficient manner. The judges in the Dutch Caribbean are… Continue reading THE DUTCH CARIBBEAN JUDICIAL SYSTEM
TERMINATION OF EMPLOYMENT AGREEMENT AND REDUNDANCY
Termination by mutual consent is preferable In general, Curacao labor law provides for the following ways to terminate an employment agreement: (i) termination by giving notice, (ii) dissolution by the Courts and (iii) termination by mutual consent. Prior to giving notice, an employer must obtain a permit from the Director of the Directorate of Labor… Continue reading TERMINATION OF EMPLOYMENT AGREEMENT AND REDUNDANCY