THIRD-PARTY-OPPOSITION UNDER THE LAWS OF THE NETHERLANDS ANTILLES
A third party may attack a judgment
Sometimes a judgment may affect the rights of a person or company not being a party to those proceedings. If one was not a party to those proceedings, one cannot appeal such a judgment. Third-party-opposition (in Dutch: ‘derdenverzet’) is a remedy granted to third parties (outsiders) whose rights are thus prejudiced.
An appeal is filed with a higher court. Third-party-opposition, however, is initiated by filing a petition with the very same court that rendered the judgment. Third-party-opposition is possible in both cases on the merits and preliminary relief cases (injunctions).
If the attacking third party wins his case, the judgment will be corrected to the extent the third party’s rights are concerned. If the correction cannot be thus limited, the original judgment will be annulled.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
