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International Law

: Karel's Legal Blog

STATUTORY LIMITATIONS FOR FILING A CLAIM UNDER ARUBAN LAW

By Karel.Frielink

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Five year period

With respect to the limitations under Aruban law for filing a claim, the pertinent legal provisions governing limitations are set out in Book 3, Title 11 (Rights of Action) of the Aruban Civil Code.

According to Article 310 the right of action for compensation for damage is prescribed up to the end of a five year period from the beginning of the day following the one on which the person who is prejudiced becomes aware of both the damage and the identity of the person responsible for it.

If an accident occurred on August 1, 2004, for example, then, even if it must be assumed that the prescription commenced on that date (which is not always that evident, particularly with respect to the element of being aware of the identity of the person or persons responsible), today (May 22, 2009) there would still be ample time for filing a claim.

Karel Frielink / Ursus van Bemmelen
Dutch Antilles Attorneys / Lawyers

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Full post as published by Karel's Legal Blog on May 23, 2009 (boomark / email).

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