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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 has suffered damage (‘schade’); and
  • The unlawful act has caused these damages (‘causaal verband’).

    • Article 6:163 Aruba CC provides for an exception to the general rule of article 6:162 Aruba CC: “There is no obligation to repair damage when the violated norm does not have …
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    13
    Jun 2009
    AUTHOR Karel Frielink
    CATEGORY

    Legal

    COMMENTS No Comments

    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 has suffered damage (schade); and
  • the unlawful act has caused these damages (causaal verband).

    • Section 6:163 NACC provides for an exception to the general rule of Section 6:162 NACC: “There is no obligation to repair damage when the violated norm does not have as its …
    Read the rest »

    17
    Jan 2009
    AUTHOR Karel Frielink
    CATEGORY

    Legal

    COMMENTS No Comments