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THE LAWS OF TORT IN THE DUTCH CARIBBEAN

Unlawful acts and damage

Section 6:162 paragraph 1 Netherlands Antilles Civil Code (NACC) 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 (the victim); and
  • the act can be attributed (toegerekend) to that person; and
  • the victim has suffered damage (schade); and
  • the unlawful act has caused these damages (causaal verband).

    • Section 6:163 NACC provides for an exception to the general rule of Section 6:162 NACC: “There is no obligation to repair damage when the violated norm does not have as its …
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    17
    Jan 2009
    AUTHOR Karel Frielink
    CATEGORY

    Legal

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