Karel's Legal Blog: International Law

Home -> Law Blog Directory -> International Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

International Law

Karel's Legal Blog

Attorney / Lawyer Karel Frielink discusses legal issues relating to Aruba and the Netherlands Antilles (Curacao, Bonaire, St. Maarten, Saba and St. Eustatia).
By Karel Frielink

Post Frequency: 1/day

Last Entry: November 02, 2020 at 12:06:26

SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (III)

Posted on July 25, 2009
Judge will balance interests In general the court will take into account the detriment which the plaintiff in summary proceedings will suffer if he has to wait too long for a judgment in a procedure on the merits. In summary proceedings the judge needs to balance the interests of the plaintiff and the defendant...

SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (II)

Posted on July 18, 2009
Urgency is a requirement Provisional measures may always be given in summary proceedings in civil cases if the claim meets the following three conditions: (i) there is an urgent interest at stake; (ii) the interests of both parties needs to be balanced; and (iii) the balancing of interests justifies a decision in summary proceedings...

SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (I)

Posted on July 11, 2009
Attempting to obtain temporary instructions from the court The procedure for provisional measures in summary proceedings (in Dutch: kort geding), a.k.a. interlocutory proceedings, is an interim injunction procedure before the court. Such proceedings, under Netherlands Antilles law, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the case...

THE EUROPEAN COURT OF JUSTICE IMPOSES TWO-FOLD PENALTY ON GREECE

Posted on July 07, 2009
Penalty payment of EUR 16 000 per day and lump sum payment of EUR 2 million Press Release No 59/09 - 7 July 2009: “In 2002, the Commission took the view that certain aid granted by Greece to Olympic Airways (OA) was incompatible with the common market for failing to comply with certain conditions initially laid down...

To access this complete feed in the blog feed reader login or register for free.

FILE SHARING IN THE DUTCH CARIBBEAN

Posted on July 04, 2009
Internet service providers should act prudently regarding claimed copyright infringement File sharing, as is commonly understood, involves distributing or providing access to electronically stored data. One, if not the most, popular way to do this is through the use of so-called (distributed) peer-to-peer (P2P) networking programs...

AGENCY AND DISTRIBUTION AGREEMENTS IN THE NETHERLANDS CARIBBEAN (II)

Posted on June 27, 2009
Distribution agreement So-called agency agreements frequently bear resemblance in actual practice, to (certain aspects of) distribution agreements. Hence, so-called ?agency agreements? are in actual fact not infrequently mixed type agreements, consisting of an agent and a distribution element...

BES LAW DEVELOPMENTS

Posted on June 24, 2009
Bonaire, St. Eustatius and Saba (BES) Within a couple of years, the BES Islands, as public entities, will be part of the country of the Netherlands in the framework of the political restructuring in the Kingdom of the Netherlands. The US dollar will be introduced as the new currency in the BES Islands...

AGENCY AND DISTRIBUTION AGREEMENTS IN THE NETHERLANDS CARIBBEAN (I)

Posted on June 20, 2009
Commercial Agency Agreement According to Section 7:428, Paragraph 1, of the Netherlands Antilles Civil Code, a commercial agency contract (agentuurovereenkomst) is a contract for services whereby one party, the principal, instructs the other party, the commercial agent, and whereby the latter binds himself, for a fixed or indeterminate term and for remuneration, to act as an [...

UNLAWFUL ACTS UNDER ARUBAN LAW

Posted on June 13, 2009
Several requirements apply Article 6:162 section 1 of the Aruba Civil Code (Aruba CC) stipulates four conditions for someone?s obligation to compensate damage based on an unlawful act (tort): A person has committed an unlawful act (?onrechtmatige daad?) against another person; and The act can be attributed (?toegerekend?) to that person; and Some other person has suffered damage (?schade?); [...

THE ANNUAL ACCOUNTS OF LARGE DUTCH CARIBBEAN COMPANIES

Posted on June 09, 2009
Stricter rules for large companies Under Netherlands Antilles law the annual accounts of limited liability companies which do not qualify as so called large companies, need to be prepared in accordance with generally accepted standards and shall provide sufficient insight as to enable a sound judgment to be formed regarding the assets and the results and, [...

CONVERSION OF A DUTCH CARIBBEAN LIMITED LIABILITY COMPANY

Posted on June 06, 2009
An NV may be converted into a BV and vice versa The Netherlands Antilles Civil Code provides for an NV to be converted into a BV and vice versa. Conversion does not terminate the existence of the legal entity. Conversion requires a resolution. A resolution to convert and to amend the articles has to be adopted, if [...

TRANSACTIONAL POWER OF THE MANAGING BOARD OF A DUTCH CARIBBEAN CORPORATION (II)

Posted on May 30, 2009
Only corporations may plead absence of representative authority Under the Netherlands Antilles Corporate Code, i.e. Book 2 of the Civil Code, transactions with third parties that violate either the law or any limitations on the transactional powers of the board of directors of a corporation, are not enforceable against the corporation if the limitations are properly [...

TRANSACTIONAL POWER OF THE MANAGING BOARD OF A DUTCH CARIBBEAN CORPORATION (I)

Posted on May 26, 2009
Limitations must be disclosed to have effect Netherlands Antilles law provides that, subject to restrictions laid down by the Netherlands Antilles Corporate Code or a corporation?s articles of association, the board of directors of a corporation shall be competent to represent the corporation, e...

STATUTORY LIMITATIONS FOR FILING A CLAIM UNDER ARUBAN LAW

Posted on May 23, 2009
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 [...

SPOTLIGHT ON CURACAO

Posted on May 20, 2009
Curacao economic country survey inserted in the New York Post In May 2009, United International Press (UIP) issued a special bulletin on Curacao, the Netherlands Antilles, which was an insert in the New York Post.�UIP has also placed the bulletin on its website...

WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (II)

Posted on May 18, 2009
Case law The Supreme Court in its case law has held that relatives of a deceased person are only entitled to sue for damages against the person liable for his or her death, if and to the extent that their death has left them in need. The extent of need is measured by the standard of [...

WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (I)

Posted on May 16, 2009
Nature and extent determined by the Civil Code When considering the nature and extent of damages that are recoverable under Aruban law, the point of departure is Book 6, Title 1 (Obligations in General), Section 10 (Legal Obligations to Make Reparation of Damage), Article 95 of the Aruban Civil Code which states: ?the damage which must [...

WHAT DAMAGES ARE RECOVERABLE UNDER ARUBAN LAW? (I)

Posted on May 15, 2009
Nature and extent determined by the Civil Code When considering the nature and extent of damages that are recoverable under Aruban law, the point of departure is Book 6, Title 1 (Obligations in General), Section 10 (Legal Obligations to Make Reparation of Damage), Article 95 of the Aruban Civil Code which states: ?the damage which must [...

CURACAO CHAMBER OF COMMERCE ON REFERENDUM

Posted on May 12, 2009
K�mara di Kom�rsio K�rsou: Un voto ?NO? ta funesto pa klima ekon�miko. Un voto ‘NO’ ta funesto pa pueblo di K�rsou. Karel Frielink: Bo ta kere ku futuro ta mas importante ku pasado? SI Bo ta kere mester solushon� nos debenan? SI Bo ta kere ku e pakete ta un base pa drecha ekonomia i redus� pobresa? SI Bo ta kere ku [...

NETHERLANDS CARIBBEAN BANK N.V.

Posted on May 08, 2009
Notice from the Liquidator Notice is hereby given that, pursuant to Section 31, paragraph 2, of the Netherlands Antilles Civil Code, both the liquidator?s report on how the winding-up of Netherlands Caribbean Bank N.V. (in liquidation) has been executed, and the distribution plan for the surplus have been lodged for perusal at the office of the [...

AWEL SI

Posted on May 01, 2009
Pueblo ta papia palabra kla Mi ta vota “SI” ! Bo ta kere den K�rsou? SI Bo ta kere ku K�rsou tin ch�ns ainda di mehor�? SI Bo ta kere ku nos mester biba na pas i den harmonia ku otro? SI Bo ta kere ku futuro ta mas importante ku pasado? SI Bo ke e mih� pa bo yunan? SI Bo [...

TRADE MARK LAW: PLACING LUXURY GOODS IN DISCOUNT STORES CAN AFFECT THEIR QUALITY

Posted on April 28, 2009
French fashion house Dior has the upper hand in legal battle over ?dumping? of its goods Placing luxury goods like Christian Dior products in discount stores can affect their quality according to the European Court of Justice, in a ruling on April 23, 2009, thereby backing the renowned French fashion house Dior�in a trademark case...

VOTA SI

Posted on April 28, 2009
‘SI’ pa Futuro di K�rsou SI bo tin K�rsou na pechu, bo tambe ta preokup� pa futuro di nos isla. E momentu a yega pa �bo mete kun�. Mi stima K�rsou i mi ta deSIdido pa biba aki i kontribu� na bienestar di mi pais. Ami mes ke disid� mi futuro i esun di mi lug�...

AMI TA VOTA SI

Posted on April 28, 2009
Ami ta vota SI: garantia ku onderstand por sigui drecha nos skolnan bringa aumento di kriminalidat Hopi SI, pa un futuro SIgur i prospero pa un i tur di nos Dushi Korsou! Karel Frielink .

SI IS THE MESSAGE OF HOPE

Posted on April 24, 2009
Do you believe? Do you believe in Curacao? SI Do you believe Curacao still has a chance to improve? SI Do you believe we should live in peace and harmony? SI Do you believe the future is more important than the past? SI Do you want the best for your children? SI Do you believe in law, order and stability? SI Do [...

SI? SI!

Posted on April 16, 2009
The 2009 Curacao referendum According to Eric de Vries, many of our Curacao citizens who primarily speak English have requested information on the referendum of May 15, 2009, and in particular an explanation what the referendum will be about and why they should vote ?YES? or ?NO?...

MANAGEMENT AND SUPERVISION OF THE ARUBA COMPANY WITH LIMITED LIABILITY

Posted on April 14, 2009
A local representative is required On January 1, 2009 the new Aruba Ordinance on the company with limited liability (vennootschap met beperkte aansprakelijkheid; VBA) became effective. Except for restrictions in the articles of association, the Board of Directors is responsible for the management of the VBA and is authorized to represent it...

CAPITAL STRUCTURE OF THE ARUBA COMPANY WITH LIMITED LIABILITY

Posted on April 11, 2009
Full value share is required On January 1, 2009 the new Aruba Ordinance on the company with limited liability (vennootschap met beperkte aansprakelijkheid; VBA) became effective. Concepts like registered, subscribed and contributed capital do not occur in the Ordinance...

THE RIGHT TO SHARE IN THE PROFITS OF THE ARUBA COMPANY WITH LIMITED LIABILITY

Posted on April 07, 2009
It is not necessary to give all shares a right to share in the profits On January 1, 2009 the new Aruba Ordinance on the company with limited liability (vennootschap met beperkte aansprakelijkheid; VBA) became effective. This legislation gives shareholders far more freedom to organize their company than in the past It is not necessary to give [...

FRANCHISE AGREEMENTS UNDER THE LAWS OF ARUBA (II)

Posted on April 04, 2009
Case law regarding termination It can be concluded from a Netherlands Antilles case regarding failed negotiations for the continuation of a license agreement (franchising) (Antillean Family Foods NV vs Mc Donald?s Corporation, Supreme Court, February 26, 1993, NJ 1993, 289), that under certain circumstances the termination of an agreement may constitute an obligation (to negotiate a [...

Previous | Next

Related Law Bulletins

Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...

The Immigrant Legal Resource Center Legislative Forecast
The ILRC Forecast on Immigration ReformJudith Golub, Executive Dir...

The Christian Legal Society and "discrimation": Response to Susan
In response to Susan's post, I'm inclined to think that, yes, the ...

Stacy Scnheider Legal Commentator Apprentice

Catholic Legal Theory and life and death
Tom Berg’s question regarding the propriety or not of capital pu...