A three-part distinction With regard to liability a three-part distinction can be made. The first distinction relates to the basis of the liability: liability pursuant to a contractual relationship (the attributable failure in this respect) and liability pursuant to a wrongful act. Another distinction relates to the personal liability (thus for the party’s own actions… Continue reading TYPES OF LIABILITY IN ARUBA
Tag: litigation
THE BINDING EFFECT OF JUDGMENTS
Limited to the parties involved in the proceedings Court decisions, even decisions by the Dutch Supreme Court, are not binding on courts when deciding future cases. However, the Code of Civil Procedure prevents parties from litigating twice on the same legal issue. The principle that a final judgment of a competent court is conclusive upon… Continue reading THE BINDING EFFECT OF JUDGMENTS
PRE-TRIAL MOTIONS IN CURACAO
Differences with the United States Curaçao civil proceedings differ substantially from those in the United States. In Curaçao there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in the United… Continue reading PRE-TRIAL MOTIONS IN CURACAO
BZSE ATTORNEYS – STRAIGHTFORWARD
The Curaçao partners of BZSE Law is a people’s issue. Clients prefer people to buildings. They are seeking assistance from an expert they can trust. An expert who is able to really listen and who actually adds value to their case. Quality, continuity and stability are the foundations of the personalized approach by BZSE. In… Continue reading BZSE ATTORNEYS – STRAIGHTFORWARD
STATE-OWNED ENTERPRISES AND GOOD CORPORATE GOVERNANCE
Speech by Karel Frielink at the 8th Biennial Conference of the Caribbean Ombudsman Association Ladies and Gentlemen! First of all, I would like to thank the Curaçao Ombudsman, Alba Martijn, for inviting me to speak at this conference. Unfortunately, she will leave office in about a month. She did an excellent job, and her professionalism,… Continue reading STATE-OWNED ENTERPRISES AND GOOD CORPORATE GOVERNANCE
THE BINDING EFFECT OF A JUDGMENT
Litigating twice on the same matter is not allowed The Code of Civil Procedure of Aruba prevents parties from litigating twice on the same legal issue. The principle that a final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action is known as ‘res… Continue reading THE BINDING EFFECT OF A JUDGMENT
TRUST INTRODUCED IN SINT MAARTEN
Brief summary of several of the powers and obligations of a Trustee On April 1, 2014, new legislation entered into force pursuant to which it is now possible to set up a trust, similar to the trust in Anglo-Saxon common law jurisdictions, in St. Maarten (a civil law jurisdiction). Similar legislation entered into force in… Continue reading TRUST INTRODUCED IN SINT MAARTEN
OVERHEID EN OVERHEIDSBEDRIJVEN
Een hybride vorm werkt niet Al meer dan eens heb ik aangegeven dat de verhouding tussen de overheid (het Land Curaçao) en de overheidsvennootschappen soms een moeizame is. Wat mij betreft moet de overheid een duidelijke keuze maken: óf activiteiten worden uitgeoefend in de vorm van een overheidsdienst en onder directe verantwoordelijkheid van een minister… Continue reading OVERHEID EN OVERHEIDSBEDRIJVEN
LITIGATION IN THE DUTCH CARIBBEAN
If you need a troubleshooter in your corner The civil court system in the Dutch Caribbean (Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba) consists of three tiers; first instance cases are brought before the Court of First Instance. Appeal cases are brought before the Joint Court of Appeal. When all normal appeal procedures… Continue reading LITIGATION IN THE DUTCH CARIBBEAN
GOVERNMENT-OWNED COMPANIES
Opposing views on political influence Few people would argue that the rules issued by the state (government) must also be correctly and strictly observed by that same state. It cannot be well conceived that, for example, the police and Public Prosecutor’s Office (as instruments of the state) should be allowed to violate the law with… Continue reading GOVERNMENT-OWNED COMPANIES
THE INCORPORATION OF A CURACAO LIMITED LIABILITY COMPANY
Incorporating an NV or BV is not a hassle The act on corporate law (Book 2 Curaçao Civil Code) governs the NV (‘public limited liability company’) and BV (‘private limited liability company’). These companies can be used for group finance or holding activities, (international) joint-ventures, funds, structured finance, as a Curaçao Trust and for “plain-vanilla”… Continue reading THE INCORPORATION OF A CURACAO LIMITED LIABILITY COMPANY
THE CURACAO TRUST BECOMES MORE AND MORE POPULAR
Curaçao Trust could be used for asset segregation purposes According to Professor of Law David Hayton, an Anglo-Saxon trust arises from the settlor’s transfer of title to property to another person, intending that person to be a trustee-manager of it for the benefit of beneficiaries or for a charitable or other permitted purpose. Trusts are… Continue reading THE CURACAO TRUST BECOMES MORE AND MORE POPULAR