FINAL POSTING OF 2011
What a year!
This will be my final posting for 2011. What a year. It feels as if the whole world has changed more rapidly than ever before and not only as a result of the Arabic Spring and the economic turmoil.
The year 2012 is about to begin and it won’t be an easy year. Many will suffer from the crisis and many will keep suffering from oppression, diseases and natural disasters. There still will be tensions between countries and populations. There still will be war. However, new faces and new voices in the political arena may change things …
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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 of appellate proceedings. If the appealed judgment contains a final decision as regards the dispute the Appellate Court will either confirm the judgment or it will itself render a replacing decision: the case will not be referred back to the Court of First Instance.
Furthermore, …
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KERSTTOESPRAAK 2011
Respect
Van de woorden die hier op Curacao veel worden gebruikt behoren ‘integriteit’ en ‘respect’ ongetwijfeld tot de toppers. Over integriteit wil ik vandaag niets zeggen. Maar wel over het begrip ‘respect’.
Er zijn veel gevallen waarin van ons respect wordt verlangd: respect voor het leven, respect voor een taal, cultuur of mening, respect voor de medemens, respect voor de rechter, juf of meester, respect voor dieren, respect voor eigendommen van een ander, enzovoort.
Het begrip ‘respect’ heeft diverse betekenissen:
Aanzien Gevoel van bewondering Ontzag Eerbied Waardering
Tegen de achtergrond van deze betekenissen dringt zich …
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ERIC GARCIA: CURACAO NOT READY FOR INDEPENDENCE
VBC Lunch Lecture Held Wednesday, December 14, 2011
According to Eric Garcia (CEO Girobank) “we need to be honest and acknowledge the fact that we are simply not ready for independence. Neither financially nor politically. Instead of continuously focusing on independence, our government should deal with the many macro-economic challenges our country is facing at this moment. Curacao’s growth has been lagging behind other countries in the Caribbean. Our poor economic performance is accompanied by a high unemployment rate, particularly among the youth. However, it seems as if our politicians do not perceive the low economic growth and high unemployment …
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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 an insurer commits itself to the insured, against receipt of a premium, to compensate the latter for a loss, damage or loss of expected advantage which the insured could suffer as a result of an uncertain event.
There is no existing case-law or regulatory directive …
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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 must be carried out by separate legal entities. The Central Bank of Aruba shall decide whether an action or a combination of actions does or does not constitute as being engaged in the life insurance business or the general insurance business, and whether an action …
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CREDIT INSTITUTIONS IN ARUBA
A license is required
According to Section 4 of the Aruba State Ordinance on the Supervision of the Credit System 1998 (SOSC), no enterprise or institution established in Aruba shall pursue the business of a credit institution unless it has obtained authorization to that end from the Central Bank. No enterprise or institution established outside Aruba shall pursue the business of a credit institution through a branch in Aruba, unless it has obtained authorization from the Central Bank to do so (Section 24(1) SOSC).
A “credit institution” under the SOSC means an enterprise or institution, not being an institution established …
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1001 PROVERBIO
Papiamentu proverbs with English translation This book is a tribute to the colourful Papiamentu language. A language spoken by only 260.000 people on three islands of the former Dutch Antilles; Bonaire, Curacao and Aruba. Although this language is only spoken in a small region, this collection of proverbs shows how by use of creativity, humour and love the Papiamentu language managed to develop and maintain itself. In December 2010 an old, no longer available book by Father Paul Brenneker (1912-1996) came to the attention of Jacqueline Bremmers and Bart Landheer. They decided to try and preserve this heritage. After gaining …
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LEGAL MERGERS IN CURACAO
The Curacao Civil Code provides for a simplified merger procedure
The acquisition of a business enterprise may take place through the purchase of shares (take-over), the purchase of assets and liabilities or a legal / statutory merger. The Curacao Legal Code on corporate and other legal persons contains detailed provisions for mergers of companies limited by shares (NV) and private limited companies (BV).
Basically, a legal merger entails the absorption of one legal entity by another in exchange for shares, or even without such exchange. The absorbed entity ceases to exist. A legal merger requires a notarial deed. Legal mergers …
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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 role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest, The …
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THE CURACAO MEMBER-MANAGED COMPANY
The right form for small businesses
Until March 1, 2004 only manager managed companies were known. According to the current Curacao Civil Code, the articles of a company may provide that such company be a member managed company, which is a company without a board of directors. The shareholders (members) are then in charge of the company, including its day-to-day affairs. A member managed company is suitable for smaller companies, e.g. family businesses, with only one or a few shareholders.
If such designation is absent in the articles of a company, the company will be a manager managed company. The designation …
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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 2011)
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