Karel’s Legal Blog


Provides posts on different aspects of Netherlands Antilles and Aruban law with the focus on banking, financial and corporate law as well as litigation.

Author: Karel Frielink is a partner with Spigthoff Attorneys at Law & Tax Advisers, a law firm with offices in Amsterdam and on Curacao, the Netherlands Antilles.

Blawg Related Categories: Banking Law • Corporate Law • Partner

Recent Posts from Karel’s Legal Blog


  • THE DUTCH CARIBBEAN AND ITS CIVIL LAW SYSTEM

    Abstract rules are the starting point The Netherlands Antilles are an autonomous part of the Kingdom of the Netherlands. The Kingdom of the Netherlands is composed of three parts: the Kingdom in Europe (popularly known as…

  • THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (III)

    Case law the principle of good faith A legal entity and all involved in its organization have a legal duty to behave towards each in accordance with the principles of reasonableness and fairness, i.e. (objective)…

  • THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (II)

    Limitations on the applicability of provisions As a general matter of Netherlands Antilles law, the interpretation of terms contained in legal documents, such as the articles of association and the by-laws, however only to a…

  • THE ARTICLES OF ASSOCIATION OF A DUTCH CARIBBEAN LEGAL ENTITY (I)

    Ranging from basic to extremely complex Under the laws of the Netherlands Antilles, public and private limited liability companies (NVs or BVs), foundations, co-operatives, mutual insurance societies and associations are considered legal entities. The articles…

  • AMSTERDAM COURT OF APPEAL ON LIABILITY OF TRUST DIRECTORS

    Trust directors not treated differently from regular directors The board of directors of an NV or BV may contractually agree to a limitation of its powers to manage the company. Such arrangements are typical for…

  • CARIBBEAN KIDS NEWS

    The Dutch Antillean ‘Jeugdjournaal’ The Curacao-based Foundation Youth Into Media (Stichting Youth Into Media) is responsible for the sustainable development of a youth news program - Caribbean Kids News - on television and the internet…

  • BREACH OF CONTRACT IN THE DUTCH ANTILLES (V)

    Restrictions on termination With regards to damages, the aim thereof is generally to restore the creditor to the position he would have been in had the contract been fulfilled. In case of breach of contract,…

  • BREACH OF CONTRACT IN THE DUTCH ANTILLES (IV)

    Non-performance as a response to non-performance Whenever a party to a contract is faced with non–performance by the other party, the party’s first reaction might well be to suspend its part of the contract. In…

  • EUROPEAN COURT OF JUSTICE: NO GENERAL PRINCIPLE RE PROTECTION OF MINORITY SHAREHOLDERS

    Case C-101/08 - Audiolux SA and Others v Groupe Bruxelles Lambert SA (GBL) and Others, and Bertelsmann AG and Others According to the European Court of Justice, in its decision of 15 October 2009, community…

  • BREACH OF CONTRACT IN THE DUTCH ANTILLES (III)

    Different cases of breach of contract Any question of breach starts with an inquiry into the type of obligation at hand. It is necessary to know more about the type of obligation at hand in…