What a year! This will be my final posting for 2011. What a year. It feels as if the whole world has changed more rapidly than ever before and not only as a result of the Arabic Spring and the economic turmoil. The year 2012 is about to begin and it won’t be an easy… Continue reading FINAL POSTING OF 2011
Tag: spighthoff
TERMINATION OF EMPLOYMENT AGREEMENT AND REDUNDANCY
Termination by mutual consent is preferable In general, Curacao labor law provides for the following ways to terminate an employment agreement: (i) termination by giving notice, (ii) dissolution by the Courts and (iii) termination by mutual consent. Prior to giving notice, an employer must obtain a permit from the Director of the Directorate of Labor… Continue reading TERMINATION OF EMPLOYMENT AGREEMENT AND REDUNDANCY
THE RHYTHM AND BLUES OF CURACAO CONTRACT LAW
Principle of fairness and reasonableness When considered in the perspective of the laws of Curacao, the reliance on or the enforcement of contractual terms and conditions contained in any agreement, may under certain circumstances be contrary to the overriding principle of ‘fairness and reasonableness’ (redelijkheid en billijkheid) which governs the relationship between the parties to… Continue reading THE RHYTHM AND BLUES OF CURACAO CONTRACT LAW
THE UTOPIAN LAWYER
Dare to dream! A high degree of civilisation must be expected from the ideal advocate (attorney; lawyer) as well as a high degree of learning and expertise. A practical attitude, language skill and rhetorical ability form part of the standard baggage of the utopian advocate. He is not only feared for his razor-sharp analyses, for… Continue reading THE UTOPIAN LAWYER
THE LAWYER AS A VIRTUOSO OF LANGUAGE (PART II)
The use of technical concepts has a useful function Another example is the Directive of the European Commission of 18 February 1985 (85/205/EEC) adapting to technical progress Council Directive 71/127/EEC on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles. The term “rear-view mirror” in itself means… Continue reading THE LAWYER AS A VIRTUOSO OF LANGUAGE (PART II)
THE LAWYER AS A VIRTUOSO OF LANGUAGE (PART I)
The use of technical concepts has a useful function Language is the instrument par excellence of the advocate (attorney; lawyer). He uses language to lay down agreements, to provide legal advices, to formulate Court documents, to send demand letters, to make his plea or to conduct talks with clients or counterparties, to send invoices, in… Continue reading THE LAWYER AS A VIRTUOSO OF LANGUAGE (PART I)
THE LAWYER AS ORATOR
A sensitive subject The advocate (attorney; lawyer) as orator is a sensitive subject. Many clients will have listened with curled toes or alternatively with a deep feeling of embarrassment to their own advocate or (if they are lucky) to that of their counterparty at the moment suprême when the so-carefully prepared written summary of the argument… Continue reading THE LAWYER AS ORATOR
ON THE IMAGE OF LAWYERS
Bloodsuckers and hypocrites? Lawyers (attorneys) are often exposed to strong criticism, both here and elsewhere. The late famous Dutch professor A. Pitlo (Evolutie in het privaatrecht, [Evolution in private law] Groningen: H.D. Tjeenk Willink 1972, p. 102) speaks with regard to certain advocates (lawyers) about the ‘half-intellect’ that by intellectualism must succeed in being kept… Continue reading ON THE IMAGE OF LAWYERS
THE LAWYER AS CRAFTSMAN
Tradition and resourcefulness You could hear these statements just about anywhere: “The study of law is a dull study. You have to read a lot of books and especially learn a lot by heart. But luckily it is not a difficult study. It is more or less the easiest study to graduate in.” Is all… Continue reading THE LAWYER AS CRAFTSMAN
WHY WOULD SOMEONE BECOME A LAWYER?
The story of Saint Yvo (1253-1303) Without being sworn in to the Bar it is not possible to call yourself an advocate (lawyer; advocaat) in the Dutch Caribbean. Being sworn in as an lawyer is for any beginner a high point, a clear start. The lawyer undertakes responsibility and does this under oath. Art. 3… Continue reading WHY WOULD SOMEONE BECOME A LAWYER?
SUPERVISORY DIRECTORS OF A CURACAO INSURANCE COMPANY
The Central Bank has issued guidance notes According to the Curacao Ordinance on the Supervision of the Insurance Business, a Board of Supervisory Directors of an insurance company shall have the task of supervising the policy of the Management Board of such company and the general course of events of the insurance company and the business… Continue reading SUPERVISORY DIRECTORS OF A CURACAO INSURANCE COMPANY
GOOD CORPORATE GOVERNANCE REVISITED
Where these rules not designed to protect companies from the government? It has been my opinion for many years already that government-owned companies should be kept out of the political sphere as much as possible, so that they may benefit from a commercial, businesslike and market-oriented management. In doing so they also run less of… Continue reading GOOD CORPORATE GOVERNANCE REVISITED