BREACH OF CONTRACT IN THE DUTCH ANTILLES (I)
Failure to properly perform
Under the Netherlands Antilles Civil Code (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.
The CC distinguishes between excused and non–excused non–performance. According to Article 6:74 CC a debtor is not liable to pay damages if he establishes that his non–performance is excused. A non–performance is excused if it is not due to the fault of the debtor and if the debtor does not carry the risk of the non–performance (Article 6:75 NACC).
Furthermore, the CC also makes a threefold distinction between non–performance as such, breach of contract and default. Under the CC, non–performance as such may give the other party the right to claim performance or to withhold its own performance.
Karel Frielink / Ursus van Bemmelen
Netherlands Caribbean Attorneys / Lawyers
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