SECURITY RIGHTS AND DUTCH CARIBBEAN INTERNATIONAL PRIVATE LAW

Foreign security rights may be valid and enforceable

According to Netherlands Antilles law, the question as to whether or not a security right may be created in a certain receivable must be determined according to the law governing that receivable. Netherlands Antilles international private law determines that the law that governs the receivable is the law that governs the underlying contract of the receivable.

However, if the minimum requirements of a Netherlands Antilles security right have been met, a foreign law governed security right may be valid and enforceable, as if it were a Netherlands Antilles security right.

It is not decisive whether or …
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22
Jul 2008
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