Legal Blog

Friday, November 30, 2012

Symposium on 35 years of the Curacao Bar Association (16 November 2012) - Part 1

Today the symposium on the "Seven years of the new Code of Civil Procedure" is taking place in honor of the 35th anniversary of the Curacao Bar Association. The 35-year existence of the Bar is an occasion for celebration which is quite rightly paid attention to by focusing on an important subject: litigation law. I will begin by telling you something about the early period of the Bar. After this and anticipating the discussions this afternoon, I will broach two subjects of litigation law which are eligible for improvement. But before I begin I would like to thank the organizers of this anniversary symposium for all their efforts! 

Read more Filed under: On the nature of lawyers by Karel Frielink.


Thursday, November 22, 2012

Legal action against a Curacao Trustee

If the trust assets have been prejudiced, the action can be brought by any co-trustee. Unless provided for to the contrary in the trust deed the action can also be brought by a protector or beneficiary on the understanding that the compensation is paid as soon as possible to a Trustee not being the Trustee who violated his duties (Section 3:143 subsection 4 Curacao Civil Code {‘CCC’}). The question is to whom the protector has to pay the compensation if there is no co-trustee. This question is not answered in legislation, but in practice in such cases the Trustee will be replaced by another person.

Read more Filed under: Finance by Karel Frielink.


Thursday, November 15, 2012

My view on the liability of a Curacao Trustee

The trust originates from Anglo Saxon law. On designing the Curacao trust system the systems in other jurisdictions have obviously been studied. However, the Curacao trust is a civil law and not a common law trust. Therefore in answering the question of the (possible) extent of the liability as given shape in Book 3 Curacao Civil Code (‘CCC’), a connection should be sought with the law of Curacao (and elsewhere in the Kingdom) and not with foreign legal systems.

Read more Filed under: Finance by Karel Frielink.


Monday, November 12, 2012

Nieuwe afspraken op BES-eilanden over aanpak belastingfraude

Op 9 november is een nieuwe richtlijn publiceerd voor de BES-eilanden over de aanpak van belastingfraude, zogenaamde ATV-richtlijnen. Een artikel over de werking hiervan is gepubliceerd in het Antilliaans Dagblad van 10 november jl.

Read more Filed under: Dispute ResolutionTax by Jeroen Starreveld.


Thursday, November 08, 2012

A Curacao Trustee has a duty of care

A duty of care is justified in those cases where someone entrusts his financial or other interests to another or takes care of these himself with the assistance of the other, particularly because that other possesses more knowledge and experience in that field. The law formulates as a general standard that the Trustee is liable if he fails to exercise due care as a good Trustee unless he cannot be blamed for the failure (Section 3:143 subsection 1 Curacao Civil Code {‘CCC’}).  This relates to a duty arising from the law. The extent of the duty of care is also determined by the fact that the Trustee is entrusted with the administration of assets and therefore that he has a position of trust (Section 3:135 subsection 1 CCC).

Read more Filed under: Finance by Karel Frielink.


Thursday, November 01, 2012

Geslaagd seminar ondernemingsrecht Spigt Dutch Caribbean

Op 22, 23 en 24 oktober 2012 vond het door Spigt Dutch Caribbean georganiseerde seminar over het ondernemingsrecht plaats. In drie middagen werden voor de praktijk belangrijke onderwerpen behandeld. De recente wijzigingen in Boek 2 Burgerlijk Wetboek kwamen aan bod. Ook werd ingegaan op grensoverschrijdende fusie en omzetting, de trust en de protected cell company. 

Read more Filed under: Corporate by Karel Frielink.