UNLAWFUL ACTS UNDER ARUBAN LAW

Several requirements apply

Article 6:162 section 1 of the Aruba Civil Code (Aruba CC) stipulates four conditions for someone’s obligation to compensate damage based on an unlawful act (tort):

  • A person has committed an unlawful act (‘onrechtmatige daad’) against another person; and
  • The act can be attributed (‘toegerekend’) to that person; and
  • Some other person has suffered damage (‘schade’); and
  • The unlawful act has caused these damages (‘causaal verband’).
  • Article 6:163 Aruba CC provides for an exception to the general rule of article 6:162 Aruba CC: “There is no obligation to repair damage when the violated norm does not have …
    Read the rest »

    13
    Jun 2009
    CATEGORY

    Legal

    COMMENTS No Comments

    TRANSACTIONAL POWER OF THE MANAGING BOARD OF A DUTCH CARIBBEAN CORPORATION (II)

    Only corporations may plead absence of representative authority

    Under the Netherlands Antilles Corporate Code, i.e. Book 2 of the Civil Code, transactions with third parties that violate either the law or any limitations on the transactional powers of the board of directors of a corporation, are not enforceable against the corporation if the limitations are properly disclosed at the trade register. According to Article 2:10(3) Netherlands Antilles Civil Code only corporations may plead the absence of representative authority.

    A counterparty wishing to withdraw from a legal act on that ground, may only rely on the fourth paragraph of Article 2:10 …
    Read the rest »

    30
    May 2009
    CATEGORY

    Corporate

    COMMENTS No Comments

    TRANSACTIONAL POWER OF THE MANAGING BOARD OF A DUTCH CARIBBEAN CORPORATION (I)

    Limitations must be disclosed to have effect

    Netherlands Antilles law provides that, subject to restrictions laid down by the Netherlands Antilles Corporate Code or a corporation’s articles of association, the board of directors of a corporation shall be competent to represent the corporation, e.g. a limited liability company (‘naamloze of besloten vennootschap’; NV or BV). In the event of several managing directors, any managing director shall be competent, insofar as not otherwise provided for by the articles of association. 

    Under Netherlands Antilles law, information required to be disclosed pursuant to the Civil Code, for instance (i) the identities of the …
    Read the rest »

    26
    May 2009
    CATEGORY

    Corporate

    COMMENTS No Comments

    SPOTLIGHT ON CURACAO

    Curacao economic country survey inserted in the New York Post

    In May 2009, United International Press (UIP) issued a special bulletin on Curacao, the Netherlands Antilles, in an insert in the New York Post. UIP has also placed the bulletin on its website. Curacao is described as a Caribbean Hub with Investment Appeal. Amongst various government institutions and businesses, Spigthoff Attorneys & Tax Advisers is also mentioned (click here).

    According to its website,

    “United International Press is a media agency specialized in the production of comprehensive economic country surveys inserted in the New York Post. …
    Read the rest »

    20
    May 2009
    CATEGORY

    Various

    COMMENTS No Comments

    TRADE MARK LAW: PLACING LUXURY GOODS IN DISCOUNT STORES CAN AFFECT THEIR QUALITY

    French fashion house Dior has the upper hand in legal battle over ‘dumping’ of its goods

    Placing luxury goods like Christian Dior products in discount stores can affect their quality according to the European Court of Justice, in a ruling on April 23, 2009, thereby backing the renowned French fashion house Dior in a trademark case. At issue is the extent to which companies such as Dior can defend themselves against products bearing their brands being “dumped” even though the licensing agreement clearly prohibits the licensee from doing so.

    On May 17, 2000 the fashion house concluded a …
    Read the rest »

    28
    Apr 2009
    CATEGORY

    Legal

    COMMENTS No Comments

    THE CREDIT CRUNCH, THE ECONOMIC RECESSION AND MAJOR FRAUDS SCHEMES

    Lawyers are having a heyday

    Many countries, companies and private individuals are suffering severely from the credit crunch, the economic recession and the various fraud schemes (Madoff, Stanford, Enron, etc.). However, what causes misery to some represents opportunity to others, in this case, the lawyers.

    The financial meltdown, for instance, has resulted in governments interfering in financial institutions, people being sacked, and litigation. Securities fraud results in litigation. It seems like a lawyers’ paradise, however let’s not forget that many lawyers are feeling the impact of the crisis as severely as everyone else.

    It is however fair to say that …
    Read the rest »

    17
    Mar 2009
    CATEGORY

    Legal

    COMMENTS No Comments

    PLC CROSS BORDER LAW FIRM RECOMMENDATIONS

    Netherlands Antilles

    According to PLC Cross Border (Which lawyer?), Spigthoff Attorneys & Tax Advisers is one of two firms dominating the Netherlands Antilles market for international work, both on- and offshore.

    Spigthoff ranks high in corporate / M&A and dispute resolution.

    Martijn Welten, who specialises in corporate law, mergers & aquisitions and corporate litigation, is (highly) recommended in the areas of dispute resolution and corporate/M&A. 

    Karel Frielink comes recommended in the area of high net-worth private clients. Karel is highly recommended in the areas of …
    Read the rest »

    16
    Mar 2009
    CATEGORY

    Legal

    COMMENTS No Comments