Curaçao enjoys a long tradition of trademark protection. Curaçao’s first trademark application is dated January 20, 1893. This festive fact, of 125 years of trademark history, is also celebrated in the 3/2018 (June) magazine issue of the World Intellectual Property Organization (WIPO). The WIPO magazine article details the reasons that make Curaçao such a sought-after territory for doing business and [...]

Depending on the specifics of the contract, a breach can occur when a party does not perform at all or does not perform in accordance with the terms of the contract or fails to perform on time. Under Dutch Caribbean Law, a breach of contract can also occur if it becomes clear that a party to the contract will not [...]

Under Dutch Caribbean law, a debtor has a right to suspend the performance of his obligation if he has a due claim against his creditor; there is sufficient connection between the claim and the obligation, which may be assumed when the obligations result from the same legal relationship or from regular business activities between the parties; and the suspension is [...]

Under Dutch Caribbean law a commercial agency contract is defined as a contract whereby one party, the principal, instructs the other party, the commercial agent, and whereby the latter binds himself, for a fixed or indeterminate term and for remuneration, to act as an intermediary in the conclusion of contracts, and, as the case may be, to enter into such [...]

One of the ways in which an employment contract may come to an end is the dismissal of the employee by the employer. The main method to achieve this is by giving notice. This is also called a regular dismissal. A regular dismissal is where an employer unilaterally terminates the employment contract of a permanent employee, i.e. an employee who [...]

The Government of Curaçao and the Curaçao international financial sector, in the form of the Curaçao International Financial Services Association (CIFA), have joined forces and have established a Blockchain and Cryptocurrency Taskforce. The taskforce consists of various disciplines active in the Curaçao international financial sector, representatives of the Dutch Caribbean Stock Exchange (DCSX) and crypto currency specialists. The main objective [...]

Commercial contracts often contain an entire agreement clause. An entire agreement clause stipulates that the written agreement contains all the arrangements between the parties. However, including an entire agreement clause in a contract which is subject to Dutch Caribbean law does not automatically mean that in interpreting the contract, the court will not attach any significance to e.g. statements made [...]

In respect of certain legal standards applicable in the Dutch Caribbean, the European Convention for the Protection of Human Rights and Fundamental Freedoms applies, including article 8, which safeguards the right to respect for private life. On September 5, 2017 the European Court of Human Rights ruled that employees have to be informed upfront of the possibility that their e-mail [...]

In M&A transactions it happens often that a party, such as the selling shareholder, is asked to give a personal guarantee in order to secure payment for a breach of warranties. Even if the shareholder agrees to do such and signs the guarantee, the purchaser might be out of luck. Under Dutch Caribbean law, a person who is married needs [...]

On September 1, 2017 the Curaçao Competition Ordinance came into force, creating new rules and regulations on fair trade. My previous post of December 15, 2016 already outlined some of the details. The ordinance entails new rules and regulations for entities and associations of entrepreneurs to improve fair trade. This is not only in the interest of the consumers, but [...]

The Dutch Caribbean Securities Exchange (DCSX) is a securities exchange for the listing and trading in both local and international securities. The DCSX is supervised by the Central Bank of Curaçao and Sint Maarten, safeguarding a well-functioning supervisory environment. In a previous post, of December 15, 2016, I reported on the increasing activities of the DCSX. This continues to be [...]

The Dutch Caribbean Civil Code contains provisions relating to a power of attorney. It stipulates, for instance, that when someone has acted as the unauthorized representative of someone else, the latter can ratify this legal act, which means that the same result is realized as if it would have been performed pursuant to an actual power of attorney. In a [...]