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LAWYERS // TAX ATTORNEYS // ARUBA – BONAIRE – CURAÇAO – ST. MAARTEN

SETTING ASIDE AN AGREEMENT UNDER THE LAWS OF THE DUTCH CARIBBEAN

Partial dissolution is possible

According to article 6:265 par. 1 Netherlands Antilles Civil Code, every failure of one party in the performance of one of its obligations gives the other party the right to set the contract aside in whole or in part, unless the failure, given its special nature or minor importance, does not justify a setting aside of the contract and the consequences thereof.

Based on article 6:270 Civil Code, partial dissolution of an agreement is possible if, e.g., the other party only partially performed its obligations. Partial setting aside results in a ‘reduction’ of the (mutual) obligations.

Karel Frielink
Curacao-based Attorney (lawyer) / Partner