THE ENFORCEMENT OF A JUDGEMENT BY THE COURTS IN ST. MAARTEN
Judgments are immediately enforceable most of the time
According to Article 55, par. 1 of the St. Maarten Code of Civil Procedure, opposition (in the case of a default judgment) or appeal (in the event of adversarial proceedings) prevent the enforcement (execution) of a judgment unless the decision is ‘enforceable notwithstanding opposition or appeal’ a.k.a. a judgment which is declared ‘immediately enforceable’ (uitvoerbaar bij voorraad is verklaard).
The submission of an appeal results, therefore, in a stay of execution, unless the first-instance court, on a motion by one of the parties, has declared its judgment enforceable even if it is challenged in a manner which would otherwise result in a stay of execution.
As far as ordinary recourse is concerned, the Judgment will be final and binding if no ordinary legal remedy is available, i.e., (i) when the period for instituting appeal proceedings has expired without an appeal being filed, or (ii) in the case of appeal proceedings have been instituted properly and in time, when the Judgment is upheld by the Joint Court of Appeal and the period for instituting cassation proceedings with the Supreme Court has expired and no cassation has been filed, or (iii) if cassation proceedings have been instituted properly and in time, when the Judgment is upheld by the Supreme Court.
Karel Frielink
Attorney (Lawyer) / Partner
(16 July 2016)
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