A non-possessory pledge requires a deed Security rights are an important issue, especially in financing transactions. A company may, for example, guarantee the obligations of another company under a certain loan facility. There are several alternatives, one of which will be discussed here. Under the laws of Aruba there are several kinds of pledges, in… Continue reading NON-POSSESSORY PLEDGE UNDER THE LAWS OF ARUBA
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FOREIGN CLAIMS SECURED BY ARUBAN SECURITY RIGHTS
The foreign law governed claim must be sufficiently identifiable Many financing arrangements are of a cross-border nature. For instance, a loan agreement governed by English law with the loan secured by a right of pledge governed by the laws of Aruba. This raises all kinds of questions. Any foreign right, for instance a claim, in… Continue reading FOREIGN CLAIMS SECURED BY ARUBAN SECURITY RIGHTS
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)