Legal Blog

Thursday, April 03, 2014

Data Protection Conference

On 20 and 21 March 2014 the Caribbean Credit Bureau (CCB) organized a conference on personal data protection and privacy laws in the Dutch Caribbean. The conference was held in Aruba and Curacao. CCB offers financial institutions in the Dutch Caribbean the possibility to file, share and access credit data of clients through a sophisticated encrypted system while ensuring compliance with the personal data protection and privacy laws.  

Read more Filed under: Commercial by Dinesh Mishre.

 

Thursday, March 13, 2014

Spigt Dutch Caribbean again ranked # 1

Chambers and Partners has just published Chambers Global 2014. Spigt Dutch Caribbean maintains its position at the forefront of the market in Curaçao, and its tax and corporate litigation teams are regarded as amongst the best in the country. 

Read more Filed under: Commercial by Karel Frielink.

 

Wednesday, January 01, 2014

Happy New Year

SDC-2014

Read more Filed under: Commercial by Karel Frielink.

 

Tuesday, December 10, 2013

Advocaten en declarabele uren

Overal lees je dat advocatenkantoren moeten veranderen. Ze zijn te conservatief. Ze houden vast aan het verleden en zijn alles behalve innovatief. Naarmate het economisch slechter gaat wordt de roep om verandering steeds sterker. Met name het systeem van 'uurtje factuurtje' moet het ontgelden.

Read more Filed under: Commercial by Karel Frielink.

 

Monday, December 09, 2013

Lawyers and billable hours

You read everywhere that firms of lawyers (advocates, attorneys) have to change. They 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.

Read more Filed under: Commercial by Karel Frielink.

 

Tuesday, December 03, 2013

Challenging the validity of a contract

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 established pursuant to the (Dutch) Municipalities (Preferential Rights) Act

Read more Filed under: Commercial by Karel Frielink.

 

Monday, October 21, 2013

Chinese (汉语)

库拉索岛虽然最近在财政和电子商务领域都发生了革命性的变革,这个岛屿仍然是加勒比地区的中心和加勒比地区的珍珠,岛上遍布外国出口商,尤其是来自亚洲(中国、日本、新加坡、印度)的出口商。特别值得这些出口商考虑的是把库拉索岛作为一个向拉丁美洲出口的中转地。库拉索岛在贸易的路途上有得天独厚的优势。

Read more Filed under: Commercial by Karel Frielink.

 

Tuesday, October 01, 2013

Reno Saleh joins Spigt Dutch Caribbean

As of 1 Oktober 2013, Spigt Dutch Caribbean has welcomed a new team member: Reno Saleh. His education: University of the Netherlands Antilles, graduated 2003 in Dutch Antillean Law.

Read more Filed under: Commercial by Karel Frielink.

 

Friday, July 19, 2013

Tort and Curacao private international law

Under Curaçao rules of private international law, a claim arising from an unlawful act is governed, in the absence of a choice of jurisdiction by the parties, by the law of the country were the unlawful act was committed (lex loci delicti). However, this rule may possibly not apply if the tortfeasor and the injured party are both residing in a country other than that where the unlawful act was committed and if the legal effects occur entirely in the other country. This is the so-called legal effects doctrine. In such  cases the question of whether the act committed was unlawful, but also other elements such as the causal link between the act and the injury, (extent of the) damages, circle of liability etc. may possibly also be governed by the legal effects doctrine.

Read more Filed under: Commercial by Karel Frielink.

 

Friday, July 12, 2013

Agency agreements in Curacao

Under the Civil Code of Curaçao (Section 7:428), an agency agreement is defined as a contract for a fixed or indefinite period of time between a principal and an agent, whereby the agent agrees, against payment, to mediate in the conclusion of contracts and to eventually conclude these contracts in the name and for the account of the principal, without being subordinate to the principal. 

Read more Filed under: Commercial by Karel Frielink.

 

Thursday, July 04, 2013

Breach of contract in the Dutch Caribbean (V)

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 he would have been in had the contract been performed properly, by looking at costs incurred, wasted expenditure, any loss of profits etc. 

Read more Filed under: Commercial by Karel Frielink.

 

Monday, July 01, 2013

Breach of contract in the Dutch Caribbean (IV)

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 help remedy, which a party can use when the other party does not perform its obligations under the contract. By its very nature it is a temporary remedy. As long as one party is in breach and the other is withholding its performance, the contract may be said to exist in a state of suspended animation. 

Read more Filed under: Commercial by Karel Frielink.

 

Thursday, June 27, 2013

Breach of contract in the Dutch Caribbean (III)

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 perform, it should be remembered that an obligation may carry with it a degree of ‘strictness’, ranging from a firm commitment, e.g. commitment to provide annual audited financial statements, to an obligation to use reasonable care and skill to achieve certain goals.

Read more Filed under: Commercial by Karel Frielink.

 

Monday, June 24, 2013

Breach of contract in the Dutch Caribbean (II)

Under the Civil Codes of the Dutch Caribbean (Aruba, Bonaire, Curacao, St. Maarten, St. Eustatius and Saba) 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 of it, entitles the creditor to specific performance. If non–performance amounts to a breach of contract, i.e. meaning that a party does not perform though it should perform, the other party may be entitled to damages or termination of the contract. 

Read more Filed under: Commercial by Karel Frielink.

 

Friday, June 21, 2013

Breach of contract in the Dutch Caribbean (I)

Under the Civil Codes in the Dutch Caribbean (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. Firstly he may claim specific performance, secondly he may claim damages, whether or not in addition to specific performance, and thirdly, he may demand dissolution of the contract, with or without damages.

Read more Filed under: Commercial by Karel Frielink.