STATUTORY LIMITATIONS IN THE DUTCH CARIBBEAN
Limitation periods for bringing legal actions
According to the Netherlands Antilles Civil Code the civil law limitation period for a claim of nullification of a legal act on the basis of fraud (‘bedrog’), error (‘dwaling’) or prejudicing (‘benadeling’) is three years after the fraud, error or prejudice is discovered.
The civil law limitation period for a claim for damages from a tortious act (‘onrechtmatige daad’) such as fraud (‘bedrog’) is five years after the beginning of the day following which the aggrieved party became aware of the damages, but in any case not longer than twenty years after the day on which the event causing the damages took place.
Such limitation periods can be interrupted by sending a written warning, after which legal proceedings have to be commenced within six months of said warning. In the event that such legal proceedings have not been commenced within said period of six months after the warning, the limitation period will continue to run against the claimant until the applicable limitation period has expired.
Article 6:89 of the Civil Code further limits the limitation period in certain cases. According to this provision, a creditor may no longer invoke an imperfect performance of his counterparty if he has not complained to such counterparty promptly after he has discovered or should reasonably have discovered the imperfection. According to article 7:23 Civil Code, a buyer may no longer invoke the fact that what has been delivered does not correspond to what was agreed upon in the first place, unless he has notified the seller thereof within a reasonable period after he has or reasonably should have discovered this. So as a buyer, you cannot just do nothing and wait a couple of years before commencing legal action.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
