Distribution agreement So-called agency agreements frequently bear resemblance in actual practice, to (certain aspects of) distribution agreements. Hence, so-called ‘agency agreements’ are in actual fact not infrequently mixed type agreements, consisting of an agent and a distribution element. In general, a distributor buys goods from a principal in his own name and for his own… Continue reading AGENCY AND DISTRIBUTION AGREEMENTS IN THE NETHERLANDS CARIBBEAN (II)
Tag: damages
AGENCY AND DISTRIBUTION AGREEMENTS IN THE NETHERLANDS CARIBBEAN (I)
Commercial Agency Agreement According to Section 7:428, Paragraph 1, of the Netherlands Antilles Civil Code, a commercial agency contract (agentuurovereenkomst) is a contract for services whereby one party, the principal, instructs the other party, the commercial agent, and whereby the latter binds himself, for a fixed or indeterminate term and for remuneration, to act as… Continue reading AGENCY AND DISTRIBUTION AGREEMENTS IN THE NETHERLANDS CARIBBEAN (I)
UNLAWFUL ACTS UNDER ARUBAN LAW
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
WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (II)
Case law The Supreme Court in its case law has held that relatives of a deceased person are only entitled to sue for damages against the person liable for his or her death, if and to the extent that their death has left them in need. The extent of need is measured by the standard… Continue reading WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (II)
WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (I)
Nature and extent determined by the Civil Code When considering the nature and extent of damages that are recoverable under Aruban law, the point of departure is Book 6, Title 1 (Obligations in General), Section 10 (Legal Obligations to Make Reparation of Damage), Article 95 of the Aruban Civil Code which states: ‘the damage which… Continue reading WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (I)
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