Three months to reflect My sabbatical started on the 1st of October 2014. I will start a new law firm in Curaçao on the 1st of January 2015. Check my blog for an update in December 2014. In the meantime, if you want to contact me, please do so via kfrielink@bzselaw.com. Karel Frielink (1 October… Continue reading SABBATICAL STARTED 1 OCTOBER 2014
Tag: spigt dc
FIRST SET OF SINT MAARTEN LAWS TRANSLATED INTO ENGLISH
Available online 37 organic laws of St. Maarten stemming from the Constitution, the explanatory memorandum to the Constitution and a glossary have been translated into British English. All translated legislations are now available on the government’s website along with the Dutch version. The English translations are not binding in court. The original (Dutch) version of the… Continue reading FIRST SET OF SINT MAARTEN LAWS TRANSLATED INTO ENGLISH
LAWYERS AND BILLABLE HOURS
What is wrong with this exactly? You read everywhere that law firms (lawyers, advocates, attorneys) have to change. Lawyers are too conservative. They hold on to the past and are anything but innovative. As the economic climate deteriorates the call for change becomes increasingly stronger. The system of “hourly rate billing” in particular has to… Continue reading LAWYERS AND BILLABLE HOURS
CHALLENGING THE VALIDITY OF A CONTRACT
Based on error, fraud or undue influence The validity of a contract can be challenged on various grounds, including error, fraud or undue influence. In the case to be discussed here a contract was entered into by an intermediary. Appellants in cassation (Van Eendenberg) were owners of the parcels on which a preferential right was… Continue reading CHALLENGING THE VALIDITY OF A CONTRACT
CREDIT INSTITUTIONS IN THE BES ISLANDS
Strictly regulated With effect from 1 July 2012, the Financial Markets (BES Islands) Act [Wet financiële markten BES; “Wfm BES”] came into force, with the associated subordinate regulations. The Wfm BES applies to financial institutions in the BES islands (Bonaire, St. Eustatius and Saba). There are several categories of financial institutions, including credit institutions (banks).… Continue reading CREDIT INSTITUTIONS IN THE BES ISLANDS
SEIZING ASSETS IN THE DUTCH CARIBBEAN
Court approval required, but freezing assets is rather easy Under the laws of Aruba, Bonaire, Curaçao, St. Maarten, St. Eustatius and Saba any party with a prima facie claim may file a petition for a court order granting an attachment, which petitions are generally granted, solely based on the allegations in the petition. Seizing assets… Continue reading SEIZING ASSETS IN THE DUTCH CARIBBEAN
TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION
The powers of a foreign appointee will not be recognized According to Curacao private international law, the appointment and dismissal of board members of a company as well as decisions limiting their powers is governed by the laws of the jurisdiction under which the company is incorporated. Accordingly, the appointment and dismissal of a board… Continue reading TAKING OVER CONTROL OF A CURACAO COMPANY THROUGH A FOREIGN COURT DECISION
TYPES OF LIABILITY IN CURACAO
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 CURACAO