Non-residents can be sued A general rule under the Netherlands Antilles code of civil procedure is that the Curacao court (or another court in the Dutch Caribbean as the case may be) has jurisdiction over defendants which are (in this example) Curacao residents or companies with an office in Curacao. In the case of multiple defendants,… Continue reading COMMENCING PROCEEDINGS AGAINST MULTIPLE DEFENDANTS IN THE DUTCH CARIBBEAN
Tag: litigator
THE THREE STAGES OF LEGAL PROCEEDINGS IN THE DUTCH CARIBBEAN
General observations regarding adversarial proceedings All adversarial proceedings in the Dutch Caribbean shall be initiated by means of a petition to the Court of First Instance of the Netherlands Antilles or Aruba. Claims will be denied or rejected (afgewezen) by the Court if ruled that they are unfounded. If a claim is denied for reasons… Continue reading THE THREE STAGES OF LEGAL PROCEEDINGS IN THE DUTCH CARIBBEAN
ORDINARY ADVERSARIAL VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN
The court only considers the key issues According to Article 110 and 111 of the Netherlands Antilles Code of Civil Proceedings (NACCP), all adversarial proceedings shall be initiated by means of a petition to the Court of First Instance. Proceedings so initiated are ordinary proceedings, unless the petitioner expressly opts for preliminary relief proceedings (kort… Continue reading ORDINARY ADVERSARIAL VERSUS SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN
OBITER DICTUM OR NOT?
Litigating twice on the same matter is not allowed The Netherlands Antilles 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 the parties in any subsequent litigation involving the same cause of action is known as ‘res… Continue reading OBITER DICTUM OR NOT?
DUTCH CARIBBEAN LITIGATION AND THE ESTABLISHMENT OF FACTS
Failing to contest may make a fact true Facts play an important role in civil litigation. Facts are established by the Court in First Instance of the Netherlands Antilles or Aruba and by the Joint Court of Appeal of the Netherlands Antilles and Aruba, not by the Supreme Court. A review by the Supreme Court… Continue reading DUTCH CARIBBEAN LITIGATION AND THE ESTABLISHMENT OF FACTS
BREACH OF CONTRACT IN THE DUTCH ANTILLES (V)
Restrictions on termination With regards to damages, the aim thereof is generally to restore the creditor to the position he would have been in had the contract been fulfilled. In case of breach of contract, the damages will usually be assessed by considering the situation the creditor would be in if restored to the position… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (V)
BREACH OF CONTRACT IN THE DUTCH ANTILLES (IV)
Non-performance as a response to non-performance Whenever a party to a contract is faced with non–performance by the other party, the party’s first reaction might well be to suspend its part of the contract. In the legal sense of the word, suspending or withholding performance may be described as both a defense and a self… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (IV)
BREACH OF CONTRACT IN THE DUTCH ANTILLES (III)
Different cases of breach of contract Any question of breach starts with an inquiry into the type of obligation at hand. It is necessary to know more about the type of obligation at hand in order to determine whether a party has failed to perform that obligation. When determining whether a party has failed to… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (III)
BREACH OF CONTRACT IN THE DUTCH ANTILLES (II)
Entitlement to specific performance Under the Netherlands Antilles Civil Code the demand for specific performance is not a remedy for breach of contract in a strictly legal technical sense. In this system the entitlement to specific performance is a consequence of the duty to perform a (contractual) obligation. The contract itself, and not the breach… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (II)
BREACH OF CONTRACT IN THE DUTCH ANTILLES (I)
Failure to properly perform Under the Netherlands Antilles Civil Code (CC) breach of contract is defined as a failure to properly perform, perform on time, or to perform at all, which failure is attributable to one of the parties If a debtor breaches his obligations there are various courses of action available to the creditor.… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (I)
BEARER SHARES IN A NETHERLANDS CARIBBEAN COMPANY
Registered shares must be issued first On 1 March 2004, the new Netherlands Antilles act on corporate law (Book 2 Civil Code) became effective. Since that date it is no longer possible to (directly) issue bearer shares. A company with only bearer shares has no shareholders’ register. Only a public limited liability company (NV) may… Continue reading BEARER SHARES IN A NETHERLANDS CARIBBEAN COMPANY
LEGAL REBELS ARE REMAKING THE LEGAL PROFESSION
Dozens of lawyers are remaking their corners of the profession According to the American Bar Association (ABA), “the legal profession is not just struggling through a recession but undergoing a structural break with the past. There is a growing consensus that the profession that emerges from this downturn will be different in fundamental ways from… Continue reading LEGAL REBELS ARE REMAKING THE LEGAL PROFESSION