Several requirements apply Article 6:162 section 1 of the Aruba Civil Code (Aruba CC) 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; and The act can be attributed (‘toegerekend’) to that person; and Some other person… Continue reading UNLAWFUL ACTS UNDER ARUBAN LAW
Tag: compensation
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… Continue reading STATUTORY LIMITATIONS FOR FILING A CLAIM UNDER ARUBAN LAW
FRANCHISE AGREEMENTS UNDER THE LAWS OF ARUBA (II)
Case law regarding termination It can be concluded from a Netherlands Antilles case regarding failed negotiations for the continuation of a license agreement (franchising) (Antillean Family Foods NV vs Mc Donald’s Corporation, Supreme Court, February 26, 1993, NJ 1993, 289), that under certain circumstances the termination of an agreement may constitute an obligation (to negotiate… Continue reading FRANCHISE AGREEMENTS UNDER THE LAWS OF ARUBA (II)
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… Continue reading THE LAWS OF TORT IN THE DUTCH CARIBBEAN