Page 1

Search for schemes onovernment.nl

Netherlands Antilles

do you see an error in this arrangement? Please report it to us atregeling@overheid.nl

Civil Code Book 7A
Legal information

Details of the scheme

Government organization

Netherlands Antilles

Official scheme name

Civil Code Book 7A

Official title

Civil Code Book 7A

Determined by

Governor of the Netherlands Antilles

Topic

governance and law

Own subject

special agreements; sequel

Comments regarding the scheme
The name “Civil Code” has been established by the National Ordinance of March 15, 2001 amending the
existing Civil Code of the Netherlands Antilles and a number of other national ordinances in connection with the introduction of
the new Civil Code (OJ 2001, no. 24).
By that national ordinance, Book 3 of the Old Dutch Civil Code has been renumbered as Book 7A. The necessary changes have also been made to the
national ordinance of March 15, 2001 (PB 2001, no. 24).
The history of the scheme is not complete. The origin of the scheme and changes between the creation of the scheme and
the first mentioned modification thereof are missing.

Legal basis (s) or authority on which the scheme is based
Unknown

Regulations based on these regulations (delegated regulations)
Decree of October 26, 1939, containing regulations for curbing the rental prices of homes (OJ 1939, no.120)

Overview of changes incorporated in the text

Date
in operationstep

Retroactive
power to and
with

Date
elaboration
step

15-03-2001

Regarding
Several changes

Date
signature
Source
disclosure

Characteristic
proposal

15-03-2001
OJ 2001, No. 24

Session 20002001-2427

Text of the scheme
Intitulé
Civil Code Book 7A

BOOK 7A SPECIAL AGREEMENTS; SEQUEL
FIRST TITLE to FOURTH TITLE
[articles 1250 to 1473]
[cancelled]

FIFTH TITLE A Of buying and selling by installment
SECTION 1 Purchase and installment sales in general
Article 1557
1.

Purchase and sale on installment is the purchase and sale, whereby the parties agree that the purchase price becomes
paid in installments, of which two or more appear, after the item sold has been delivered to the buyer.

2.

The agreement is not effective until the parties have determined the price to be paid by the buyer.

3.

All agreements, which have the same purport, in whatever form or under whatever name,
are regarded as purchase and sale on installment.

4.

Purchase and installment sales within the meaning of the law are not agreements that relate to:

5.

a.

immovable property,

b.

seagoing vessels with a gross capacity of at least twenty cubic meters or the gross tonnage of at least six,
that are or can be registered in the register referred to in Article 193 of Book 8;

c.

aircraft listed in the register referred to in Title 15 of Book 8.

The provisions of this title shall apply mutatis mutandis to property rights, not being registered property,
insofar as this is in accordance with the nature of the right.

Article 1557a
The provisions of this title may only be deviated from,
if and insofar as this appears therefrom.
Article 1557b
1.

Clauses under or under which the debtor, in the event that he/she fulfills any obligation under the contract,
does not fulfill, the payment of a certain sum as compensation or any punishment is or can be imposed,
can only be made by written agreement.

2.

If the agreed or imposed compensation or punishment seems excessive to the judge, it may
reduce or cancel it with regard to the case presented to him.

Article 1557c
1.

Early payment, as a punishment for the buyer's negligence in paying installments, is only possible
be stipulated in the event that the arrears is at least one-tenth with regard to one term, or
with regard to more installments jointly at least one twentieth part of the entire purchase price.

2.

The entire purchase price is understood to mean the sum of all payments to which the buyer is subject in the event of regular performance
is bound by the agreement.

3.

The second paragraph of article 1557b does not apply here.

Article 1557d
Any stipulation, as referred to in the preceding two articles, can only be invoked on account of late fulfillment
be done if, after being in default, the debtor continues to fail to perform his obligations.
Article 1557e
1.

The buyer is always entitled to early payment of one or more subsequent installments of the purchase price.

2.

In the event of early payment in one lump sum of the entire amount still due, he is entitled to a deduction,
calculated on the basis of five per cent a year over each advance payment.

3.

The parties may deviate from the provisions of this article in favor of the buyer.

Section 1557f
1.

Assignment, pledge or any other act by which the buyer gives the seller or a third party any
entitles him to his wages, pension or other periodic income by virtue of an employment contract, may be relevant
of purchase and sale on installment, except for due and payable obligations, only take place for payments,
to which the buyer will be obliged to comply with the agreement regularly, and for the costs.

2.

In that case, the action has no effect unless the terms referred to appear in accordance with a bee
written agreement laid down plan of regular repayment or depending on costs, each time up to
its course.

3.

In addition, it is required that the purchaser, after having been given notice of default, has been negligent. Only the deadlines and
costs, for which the notice of default has been given, and those that appear thereafter, are eligible at the
determining the intended effect.

4.

The act has no effect on him who owes the employment benefit
effect, before the buyer's notice of default and the regular repayment plan stating
what has been paid thereon and the claimed costs have been notified to him in writing, or
recognized by him in writing. Release payments made accordingly in good faith by him
him to the buyer.

Section 1557g
Power of attorney to collect wages, pension or other periodic claims with regard to an employment contract,
in whatever form or whatever name, granted by the buyer, is always revocable.

SECTION 2 Of hire purchase
Article 1557h
1.

Hire purchase is the purchase and sale by installment, whereby the parties agree that the item sold will not be
single delivery transfers to ownership, but only upon fulfillment of the suspensive condition of general
payment of what is owed by the buyer under the purchase agreement.

2.

All agreements, which have the same purport, whether as rent and lease, or in other form or
entered into any other name are considered hire purchase.

3.

Hire-purchase is understood to mean the agreement whereby, with regard to a purchase and sale, a third party who has the
acquires ownership of the good, grants credit to the buyer if the whole of the actions have the purport of
lease purchase is there.

Article 1557i
1.

Hire purchase is entered into by authentic or private deed, which complies with the provisions of article
1557j.

2.

The same applies to agreements that amend or supplement existing agreements in such a way that
this would result in hire purchase.

3.

If the agreement is entered into by private deed, it must, if the buyer so desires, in duplicate
be formatted.

4.

The duplicate, or if not formatted, an authentic copy or a copy signed by the seller, becomes so
provided by the seller to the buyer as soon as possible after the conclusion of the agreement.

5.

The buyer can at any time demand a further copy against payment of the costs.

Article 1557j
1.

The deed of hire purchase must clearly state the entire purchase price, referred to in Article 1557c, the plan of
regular payment, as intended
in Article 1557f, and the retention and transfer of ownership clauses.

2.

In the cases referred to in the second and third paragraph of Article 1557h, the corresponding information will be provided
instead.

3.

If a deed that meets the above conditions is missing, the agreement does not count as hire purchase,
however, the purchase and sale on installment is deemed to have been concluded without stipulation that the item sold is not
is transferred to the buyer by mere delivery.

Article 1557k
With regard to hire purchase, the buyer can, if he actually resides here at the time of entering into the agreement
country, choose no domicile except in the event that at some time he has no known actual domicile
here in the country.
Article 1557l
1.

The seller is obliged to deliver the sold good to the buyer by giving him power over the good
provide. On his further obligations are the provisions of Title 1, Sections 1 to 3, of Book 7 of
application.

2.

Alienation by the seller of the item delivered in hire purchase does not work to the detriment of the hire buyer.

Article 1557m
1.

The buyer has the enjoyment of the thing that he has in his possession by virtue of a hire purchase, even before he takes the ownership
from it.

2.

He may use the item according to its purpose.

3.

He may not change its appearance or design, nor rent the property or hand over its enjoyment to others.

4.

The item is at the risk of the buyer from the moment of delivery. The second, third and fourth paragraph of article 10 of Book
7 apply.

5.

It is possible to deviate from these provisions by agreement
consumer purchase cannot be deviated from to the detriment of the buyer.

Article 1557n
1.

The fruits which the thing yields during the enjoyment belong to the purchaser. As far as the deed of
hire-purchase has deviated from this, the buyer nevertheless has the enjoyment of the fruits, if not otherwise
agreed.

2.

Unless otherwise agreed, the civil fruits are obtained from day to day
and to belong to the purchaser as his enjoyment lasts, whatever the time may be when
they are affordable.

3.

The obligation to return the good delivered in hire purchase includes that to return the fruits,
which belong to the seller.

Article 1557o
[cancelled]
Article 1557p
[cancelled]
Article 1557q
Dissolution of hire purchase, or return of an item held on hire purchase pursuant to a stipulation made for that purpose, may,
due to late fulfillment by the buyer of his obligations, cannot be invoked or demanded, unless the
The buyer, after having been given notice of default, continues to fail to fulfill his obligations.
Article 1557r
When the seller can dissolve the agreement or return the good delivered in hire purchase
he will, if there is a reasonable interest in immediate relief, issue a legal order for restitution
stock.
Article 1557s
If, due to the buyer's failure to fulfill his obligations, the item delivered in hire purchase pursuant to
a clause made for this purpose is withdrawn, this will result in dissolution of the agreement, unless between
parties has agreed otherwise.
Article 1557t
If upon dissolution of the agreement due to the buyer's failure to fulfill his obligations, the
seller would end up in a better financial position than if the agreement was maintained, finds complete
settlement takes place.
Article 1557u
If, upon dissolution of the agreement, the buyer should be entitled to any reimbursement, he may be taken to court
be authorized to keep the thing which he must return, until it becomes due to him
paid or the seller has provided sufficient security for this.
Article 1557v
1.

If due to non-payment of installments that have appeared, the good delivered in hire purchase is taken back without
prior judicial intervention, the buyer may for fourteen days after the repossession of the item
to redeem, by payment of the installments that have appeared and the interest, penalties and costs owed.

2.

Should the agreement be dissolved, this will be undone by the redemption.

3.

If the case referred to in the first paragraph is repeated, the buyer has the right of redemption only under
complete payment.

4.

The seller does not have to comply with the claim for redemption, other than under full payment, if
circumstances exist that would give rise to the application of article 1557r.

5.

The parties may deviate from the provisions of this article in favor of the buyer.

Article 1557w
1.

In the judgment, in which the obligation to return an item delivered under hire-purchase is established or the
contract is dissolved, a return order may be included.

Article 1557x
In the judgment, which includes an order for restitution by virtue of hire-purchase, the monetary value of the
case be established.
2.

In that case, enforcement can also be effected by means of enforcement.

SIXTH TITLE
[Articles 1558 to 1563]
[cancelled]

SEVENTH TITLE Of Rent and Letting
FIRST SECTION General provision
Article 1564
[cancelled]
Article 1565
1.

Renting and letting is an agreement in which one party undertakes to give the other the enjoyment of a thing
for a certain period of time and at a certain price, which the latter assumes
Pay.

2.

One can rent all kinds of things, whether immovable or movable.

Article 1566
The provisions of this and the following section also apply to the lease of property rights, for
insofar as the purport of those provisions or the nature of the right does not dictate otherwise.

SECOND SECTION Of the rules common to the letting of houses and
of countries
Article 1567
By the nature of the agreement, and without any special clause being required, the lessor is
obligated:
1 °.

to make the rented available to the tenant;

2 °.

to maintain it in such a condition that it can be used for the use for which it is rented out;

3 °.

to give the tenant the quiet enjoyment of it, as long as the rent lasts.

Article 1568
1.

The lessor is obliged to make the rented property available in a good state of repair in all respects
set.

2.

He must have all repairs done to it during the rental period, which may become necessary, with
exception of the person to which the tenant is obliged.

Article 1569
1.

The landlord must vouch to the tenant for all defects in the rented property, including the use thereof
prevent this, even if the lessor may not have known this during the lease.

2.

If these defects cause any disadvantage for the tenant, the lessor is obliged to do so
indemnify.

Article 1570
If, during the rental period, the rented good has completely disappeared by any coincidence, the
lease by operation of law. If the matter has only partially decayed, the tenant has the choice to, to
depending on the circumstances, to demand a reduction of the rental price or to dissolve the rental agreement;
but he can claim compensation in both cases.
Article 1571
The landlord may not change the appearance or layout of the rented property during the rental period.
Article 1572
1.

If, during the rental period, the rented property requires urgent repairs, which will not be done until after the
termination of the tenancy may be postponed, the tenant must tolerate it, whatever inconvenience to him
caused by this, and although he also, during the making of those repairs, of part of the
they hired business.

2.

However, if these repairs take longer than forty days, the rent will be reduced to
proportionality of the time, and of the part of the leased thing, from which the tenant will be deprived
been.

3.

If the repairs are of such a nature, that thereby the rented property, which the tenant and his household at
habitation is necessary, becomes uninhabitable, the same can cause the rent to be canceled.

Article 1573
The lessor is not obliged to guarantee the lessee against hindrances which third parties, through
facts, to his enjoyment, without otherwise claiming any right to the rented property; barring it
right of the tenant to prosecute on his own account.
Article 1574
If, on the other hand, the tenant has been disturbed in his enjoyment as a result of a legal claim, which leads to the
ownership of the thing, he has the right to obtain a proportional reduction of the rent
claim, provided the owner is duly notified of that disturbance or impediment.
Article 1575
If those who have committed the facts claim to have any right with regard to the rented property
or if the tenant himself has been summoned to evacuate all or part of it
the matter to be referred, or to exercise any easement or other right in respect of the
to tolerate the matter, he must notify the lessor thereof, and he may summon the same for indemnification.
Article 1576
1.

If the tenant is not allowed this capacity, the tenant may not rent the property again, nor rent it
relinquish another.

2.

If the rented property exists in a house or in a dwelling, which the tenant occupies himself, he can take part
rent it out, under his responsibility, to another person, if he does not have that capital with the
agreement has been denied.

Article 1577
The tenant is bound by two main obligations:
1 °.

to use the rented as a good tenant, and in accordance with the destination, which is attached to the
rental agreement is given, or according to that which, in the absence of an agreement in this regard, depending on the
circumstances are presumed;

2 °.

to pay the rent on the specified terms.

Article 1578
[cancelled]
Article 1579
If a description of the rented property has been drawn up between the lessor and the tenant, the latter is
obliged to return the item in that state in which he has accepted it, according to that description; with
the exception of that which has perished or diminished in value due to old age or unavoidable accidents.
Article 1580
If no description has been drawn up, the tenant will be charged with regard to the maintenance
tenants, unless proof to the contrary, is assumed to have accepted the rented property in good condition, and he must
return it in that state.
Article 1581
1.

The lessee is liable for damage to the leased property that is caused by a fault attributable to him
failure to fulfill an obligation under the lease.

2.

All damage except fire damage is presumed to have arisen as a result.

Article 1582
[cancelled]
Article 1583
The tenant is liable towards the landlord in the same way as for his own behavior for the behavior of
those who use the rented property with his consent or who are on it with his consent.
Article 1584
The tenant may, upon eviction of the leased property, break down and take for himself all that he has on it
costs, provided this is done without damaging the item.
Article 1585
[cancelled]
Article 1586
If a dispute arises about the price of a lease, entered into by mouth, the execution of which has started,
and there is no discharge, the landlord must be taken on his oath, unless the tenant may elect
the rent to be estimated by experts.
Article 1587
If the lease has been entered into in writing, it will cease by operation of law when the specified time has expired,
without requiring notice of termination.
Article 1588
If the lease is entered into without writing, it does not end at the specified time, then insofar as one party
to the other has terminated the lease, with due observance of the terms set by general ordinance or
local ordinance, or which, in the absence of such ordinance or ordinance, local custom
entails.
Article 1589
When one party has served notice of termination to the other, the tenant may, although in the enjoyment
permanent, do not rely on tacit re-hiring.
Article 1590
If, after the termination of a lease entered into in writing, the tenant has remained in the enjoyment and has been left,
This creates a new lease, the consequences of which are regulated in the articles to oral
rentals relatively.
Article 1591
In the case of the two preceding articles, the security provided for the rent does not extend to the
obligations arising from the extension of the lease. Article 1592. The lease is by no means null and void
the death of the landlord, nor that of the tenant.
Article 1593
1.

The sale of the rented property does not terminate a previously entered lease, unless this is done at the time of the lease
could be reserved.

2.

Subject to such reservation, the tenant cannot, without express stipulation, claim compensation, but
with the latter stipulation, he is not obliged to evict the leased property, as long as the payment due
has not been forgiven.

Article 1594
[cancelled]
Article 1595
1.

A buyer, who wishes to make use of the authority, reserved in the rental agreement, to, in the event of
sale, to force the tenant to evict the rented property, is obliged to inform the tenant in advance
to warn, if it is regulated by general ordinance or local inspection for denunciations, or,
in the absence of such a regulation or approval, the local use entails.

2.

When land is rented, the warning must precede the eviction by at least one year.

Article 1596
The lessor cannot terminate the lease by declaring that he wishes to occupy the leased property himself,
unless the contrary may have been stipulated.
Article 1597
If it has been agreed in the rental agreement that the rented property would have the authority to
to move into the rented house or land himself, he is obliged to give notice in advance, so much time
in advance as provided for in Article 1595.

THIRD SECTION Of the rules, which are particularly related to the rental of
houses and household goods
Article 1598
[cancelled]
Article 1599
[cancelled]
Article 1600
1.

Minor and daily repairs are at the expense of the tenant.

2.

In the absence of an agreement, repairs to shop cabinets and the closing of the shutters are considered as such
or the blind, the inside locks, the window glasses as inside as outside, and everything else through the local
use is included.

3.

Nevertheless, those repairs will be borne by the lessor if they are due to the dilapidated condition of the
rented out or have become necessary due to force majeure.

Article 1601
1.

Keeping wells, cisterns and sections clean is at the expense of the landlord, if the contrary
is not stipulated.

2.

The cleaning of the chimneys is, in the absence of a stipulation, at the expense of the tenant.

Article 1602
The rental of furniture for a whole house, a whole house, a shop, or any other room therewith
upholstery is held to be entered into for as long as the houses, homes, shops or quarters, according to
local use, usually rented out.
Article 1603
1.

The rent of upholstered rooms is held to have been entered into for the year when this was entered into
for a certain sum in the year; by the month when it is contracted against a certain sum in the
month; by the day, when it is incurred against a certain sum for each day.

2.

If it does not appear that the rent has been entered into for a certain amount by the year, by the month or for each day,
shall be deemed to have been closed in accordance with local custom.

Article 1604
If the tenant of a house or leaves, after the end of the rental period, determined by written agreement, in
possession of the rented property remains, without the lessor opposing this, he is deemed to be on the rented property
to continue to maintain the same conditions for the time, which is regulated by general regulation or local approval,
or, failing that, entails local custom, and he cannot leave the rented property, nor expel it
be done, after a timely termination, in accordance with the regulation, the label or local custom.

FOURTH SECTION Of the rules which are particularly related to the rental of
lands
Article 1605
If in a lease of lands a smaller or larger area is specified, then that same
actually have, this does not give grounds to increase or decrease the rent, except only in the
cases and determined in accordance with the provisions of the fifth title of this book.
Article 1606
If the tenant of lands not of the animals necessary for grazing or cultivation, and
provides construction tools; if he ceases grazing or development, or not as a
good tenant acts; if he uses the rented item to another end than that for which it is intended; or
if he, in general, does not comply with the stipulations made in the lease, and therefore any disadvantage
before the lessor arises, he is authorized, depending on the circumstances, to set aside the lease, with
to claim compensation for damage.
Article 1607
All tenants of lands are obliged to store the fruits in the designated storage areas.
Article 1608
1.

The tenant of land is, under penalty of compensation for damage, the owner of all facts
knowledge that could be committed on the rented heirs.

2.

This notification must be given within the same period as between the time of the summons
court hearing and the day of appearance, according to the distance of the places, is determined.

Article 1609
The rent of lands, entered into without writing, is counted as having been entered into for one year.
Article 1610
If, after the termination of a rental entered into in writing, the tenant remains in the enjoyment of the property, and in it
is left, the consequences of the new lease are regulated by the agreement entered into earlier.
Article 1611
The tenant whose lease ends, and he who succeeds him in the lease, are obliged to each other over and over again in all
to comfort what is required to make it easy to leave and move into the business, whatever
concerns the development for the following year, the harvesting of the fruits still standing in the field, as otherwise; everything
according to local custom.
Article 1612
The tenant must likewise, upon departure, leave behind the straw and manure of the past year, if he
has received at the start of his rental; and if he had not even received it, the owner can, according to
a budget to be made, stick to oneself.

SEVENTH TITLE A Of the contracts for the performance of work
FIRST SECTION General provisions
Article 1613
[cancelled]
Article 1613a
The employment contract is the agreement whereby one party, the worker, commits himself, in the service of the other
party, the employer, against wages,
to perform work for a certain period of time.
Article 1613b
The contracting of work of a material nature is the agreement in which one party, the contractor, undertakes,
to realize a certain work for the other party, the contracting party, at a certain price.
Article 1613c
1.

If an agreement contains the characteristics of an employment agreement, and of any other kind
agreement, the provisions concerning the employment contract as well as those concerning the other
type of agreement, the characteristics of which it also contains, apply; in case of conflict between these
provisions will be those of the employment contract.

2.

If a contract of work by several similar agreements, albeit each time with some
in the meantime, has been followed, or if, upon entering into employment, apparently in the intention of
the parties are to enter into several such agreements, in such a way that the various assumptions
can be considered together as an employment contract, the provisions relating to the
employment contract on these contracts jointly and on each of them separately, to the exclusion of the
provisions of Section Six of this Title shall apply. In such a case, however, is the first
agreement entered into on a trial basis, it will be deemed to be its nature of contracting work
and the provisions of Section Six of this Title shall apply to it.

Article 1613 ca
He who acts on behalf of another for remuneration by that other weekly for three consecutive months
this is presumed to have been worked for at least eight hours or for at least thirty-five hours per month
to perform work pursuant to an employment contract.
Article 1613c
If an employment contract has lasted at least three months, the stipulated work will be paid in any month
presumed to be equal to the average amount of labor per month in the three preceding ones
months.

SECTION 2 Of employment contracts in general
Article 1613d
When an employment contract is entered into in writing, the costs of the deed and others are ancillary
expenses borne by the employer.
Article 1613e
[Cancelled]
Article 1613f
1.

A minor is capable of entering into employment contracts as a worker if he is allowed to do so
legal representative, either orally or in writing, is authorized.

2.

A verbal authorization can only serve to enter into a specific employment contract. She
is granted in the presence of the employer or the person acting on his behalf. She can't
be granted conditionally.

3.

If the authorization has been granted in writing, the minor is obliged to hand it over to the
employer, who gives the minor a copy thereof and the authorization at the end of the employment to the
minors or their successors in title.

4.

Insofar as this is not expressly excluded by setting certain conditions in the authorization,
the minor is responsible for everything that pertains to the employment contract, by him pursuant to the granted
entered into an authorization, with an adult equal, subject to the provisions of the third paragraph of article 1614f.
However, he cannot appear in court without the assistance of his legal representative, except when
the court has found that the legal representative is not in a position to make a statement.

Article 1613g
If a minor who is not qualified to do so has entered into an employment contract and as a result
has been employed by the employer for four weeks, without opposition from his legal representative
he is deemed by that representative verbally to enter into such an employment contract
authorized.
Article 1613h
An employment contract entered into between spouses is null and void.
Article 1613i
1.

Regulations established by the employer are only binding on the worker if the
following requirements:
1 °.

that a complete copy of the regulations has been provided to the worker free of charge by or on behalf of the employer;

2 °.

that a complete copy of the regulations signed by or on behalf of the employer is available for inspection
each person is deposited with the registry of the court of first instance in whose jurisdiction the enterprise, in
which the regulations apply, is established;

3 °.

that a complete copy of the regulations in the Dutch language and on the Leeward and the Windward
islands, moreover, respectively in Papiamento and in the English language set to one for the worker
easily accessible place, if possible in the work room, is and remains suspended in such a way that it is clear
legible. The deposit and inspection of the regulations at the clerk's office are free of charge.

2.

The regulations are also only binding insofar as the content does not conflict with the instructions by the worker
employment contract entered into.

3.

Any stipulation contrary to any provision of this article is null and void.

Article 1613j
1.

If during the employment a regulation is established or the existing is changed, this is
new or amended regulations binding on the worker only if a complete copy of it
design thereof or of the designed modifications has been made generally known in advance so that it becomes aware of
has been able to properly deliberate on the content.

2.

If, after adoption of the new or amended regulations, the worker announces that he is doing so
does not unite, this communication will be considered as a termination of employment by the day,
on which the new or amended regulations will enter into force. Is the time between the days when it
new or amended regulations have been issued to the worker by or on behalf of the employer, and those on which
it will come into effect shorter than the period during which the employment had been terminated regularly
should continue, the employer is liable for damages.

3.

Any stipulation contrary to any provision of this article is null and void.

Article 1613k
A statement by the worker committing himself to any future regulations or to any
future amendment of an existing regulation is null and void.
Article 1613l
It is only possible to deviate from the provisions of the regulations by special agreement if this is the case
entered into in writing.
Article 1613m
For the purposes of this title, the day is set at
ten hours, the week on six days, the month on twenty-five days, and the year on three hundred days. Is the pay,
either for the whole or in part, otherwise than by time-space, then it is considered in money
fixed wage per day, assuming the average wage of the labourer, calculated over the last preceding
thirty working days: in the absence of this criterion, the usual wage for the, what nature,
place and time, nearest labor.
Article 1613n
The wages of blue-collar workers who do not reside with the employer may not be determined otherwise than in:
1 °.

money;

2 °.

to consume food and to use illuminants where they are provided;

3 °.

clothing to be worn by the worker when taking up employment;

4 °.

a certain quantity of the products of the company, in which the wages are earned, or of the land or
auxiliary materials used in that company, all this insofar as those products or raw materials or auxiliary materials, what nature and
quantity are part of the basic necessities of life for the worker and his family, or as raw or auxiliary materials,
tools or tools are used in the company of the workers, and in any case to the exclusion of
alcoholic beverage;

5 °.

the use of a designated home or room, of a specific piece of land or shed for a specific number
animals, designated by type, belonging to the worker or to one of the members of his family; the use of
implements or tools, as well as maintenance thereof;

6 °.

to perform certain activities or services for the worker by or at the expense of the employer;

7°.

to provide instruction by or on behalf of the employer to the worker.

Article 1613o
1.

If no specific wage has been set by agreement or regulation, the worker is entitled to
such wages as at the time of the conclusion of the agreement for work as the stipulated, at the place where this
had to be performed, was customary.

2.

If such use does not exist, the wages will be fair, with due observance of the circumstances
determined.

Article 1613p
1.

Insofar as the wage has been determined other than as permitted under Article 1613n, it will be deducted from an amount
money valued and deemed to be five times this amount.

2.

The entire wages that will be due as a result, however, will be in accordance with the provisions of the
the wages calculated in the previous article may not be exceeded by more than one third.

3.

Any stipulation contrary to any provision of this article is null and void.

Article 1613q
1.

Any stipulation between the employer or his representative and a worker, whereby
he undertakes to pay the wages or his other income or part thereof in a specific manner
to spend, or to purchase his supplies at a specific place or from a specific person.

2.

The following are excluded from these provisions:
1 °.

the clause whereby the worker participates in any fund, which in the opinion of the Governor is sufficient safeguard
of solidity, or whereby the worker agrees, that on his behalf an deposit in the Curaçaosche Postspaarbank
is deposited;

2 °.

with regard to underage workers the clause, that part of it, during the minority
wages earned by the employer in the name of the worker will be placed in the Curaçaosche Postspaarbank
or in a fund as referred to in sub 1° with the stipulation that it can first be claimed by the blue collar worker,
when he will have reached a certain age, not to be set higher than twenty-one years, or for any other reason
has reached the age of majority or when the court of first instance at the request of the legal representative and
after questioning or duly summoning the minor and the employer has authorization to make the payment
granted.

Article 1613r
1.

If the worker pursuant to an unauthorized and void clause, as referred to in the previous article, with the
employer has entered into any agreement, no obligation whatsoever arises therefrom. The worker is entitled
to repay from the employer that already in this matter on his wages invoiced or paid by him
claim, without being obliged to return what he has to fulfill the agreement
provided.

2.

Nevertheless, the court is authorized, if the workers' claim is allowed, to limit the conviction to
such amount as will appear fair to him in view of the circumstances of the case, but no later than
the sum by which the damage suffered by the worker is valued by him.

3.

As the aforementioned, the worker has, as a result of an unauthorized and void clause, with someone other than the employer
entered into any agreement, he is entitled to the amount of what he has paid on that account
or is still due from the employer. The provision of the second paragraph also applies to this
application.

4.

Any right of action of the workers by virtue of this article will lapse after six months.

Article 1613s
1.

The employer can only impose a fine for the violation of the provisions of a regulation, if this is the case
regulations are specifically indicated and the fine is indicated in the regulations.

2.

The agreement in which a penalty is stipulated is entered into in writing.

3.

The agreement or the regulations in which a penalty has been stipulated must accurately specify the destination of the fines
mention. They may not be used directly or indirectly for the personal benefit of the employer himself
or of the person who has given him the authority to impose a fine on the workers.

4.

Every fine, stipulated in regulations or in an agreement, must be set at a specific amount,
expressed in the currency in which the wages are fixed.

5.

Within a week, no higher amount of collective fines may be imposed on a worker than his
money fixed wages for one day. No individual fine may be set higher than this amount.

6.

Any stipulation contrary to any provision of this article is null and void.

7.

The provisions of this and the following article also apply to a fine stipulated by the employer if:
referred to in Articles 91 to 94 of Book 6.

Article 1613t
1.

The possibility to impose a fine does not affect the right to compensation under the law. However
the employer may not impose a fine for the same fact and also claim compensation.

2.

Any stipulation contrary to the second sentence of the previous paragraph is null and void.

Article 1613u
[cancelled]
Article 1613v
Any clause whereby the worker is restricted for a certain period of time or not after the end of the
employment in any way is null and void.
Article 1613w
All deeds and writings concerning the conclusion, amendment or termination of employment contracts, as well as all
documents, which the employer and the worker or their legal representatives together or each separately,
either in private form, or in the presence of a public official, without the cooperation of third parties, ter
execution of the employment contract are drawn up, are free of seal and of the formality of registration or
are registered free of charge if this formality is desired.
Article 1613x
1.

The provisions of this title do not apply to the employment contract between the shipping company and the skipper
and on that between the skipper and the ship's officers and ratings.

2.

Furthermore, they do not apply to persons employed by the government, unless they are either for or
are applicable at the start of the employment by or on behalf of the parties or by general regulation
declared.
If they are declared applicable, the government will be regarded as an employer with regard to these provisions.

SECTION THREE Of the obligations of the employers
Article 1614
The employer is obliged to pay the worker his wages at the specified time.
Article 1614a
The wages, determined according to time, are due from the time at which the worker entered the service until that date
of the end of the employment.
Article 1614b
No wages are due for the time during which the worker has not performed the stipulated work.
Article 1614c
1.

However, the worker retains his claim to the wages determined by space for a relatively short period of time
time, when he has been prevented from performing his work as a result of illness or accident, unless the illness
whether the accident was caused by intent or immorality or is the result of a physical defect,
about which he intentionally provided false information to the employer when entering into the agreement.

2.

In such a case he comes under the sickness or accident scheme or under any insurance or under any
fund in which participation is stipulated by or results from the employment contract, a monetary compensation
or benefit, the wages will be reduced by the amount of such compensation or benefit.

3.

Likewise, the worker retains his entitlement to the wage determined by time space for a short time, to
to calculate equity, when he, whether as a result of the fulfillment of a general ordinance or
obligation imposed by the government, without monetary compensation, which could not be done in his spare time, either
due to very special circumstances that arose through no fault of his own, his work was prevented
to perform.

4.

For the purposes of this article, very special circumstances include: the delivery of the
wife of the workman, as well as the death and burial of one of his housemates or of one of his
relatives by blood or marriage in the direct line indefinitely and in the second degree of the collateral line. Likewise, under the
fulfillment of an obligation imposed by a general regulation or government, including the exercise of
electoral authority.

5.

If the wages are determined in money in a manner other than by time, then the provisions of this article
also applicable, on the understanding that the wage is taken as the average wage, which is the
worker, if he had not been prevented, could have earned during that time.

6.

The wages, however, are reduced by the amount of the expenses incurred by the worker through non-compliance
of labor.

7.

The provisions of this article may only be used by agreement entered into in writing or by regulations
deviated.

Article 1614 ca
1.

Without prejudice to the provisions of Article 1614c, the female worker has, in the event of failure to perform
work due to pregnancy and childbirth, the right to continued payment of the full salary for at least
four weeks before and no more than six weeks before the expected due date as being maternity leave and
for at least six weeks after or at most eight weeks after the actual due date as being
maternity leave.

2.

The female worker determines on the basis of the information provided by a general practitioner, obstetrician or medical specialist:
established probable due date and with due observance of the provisions of the first paragraph, the commencement date
of maternity leave.

3.

The maternity leave and maternity leave referred to in the first paragraph together last a maximum of twelve weeks,
on the understanding that the maternity leave, notwithstanding the actual duration of the
maternity leave, lasts at least six weeks.

4.

The provisions of this article cannot be deviated from to the detriment of the female worker.

Article 1614d
Nor does the worker lose his claim to the wages determined by time, if he was willing to pay the wages
stipulated work, but the employer has not made use of it, either through his own fault or
even as a result of accidental foreclosure, which pertains to him personally. The provisions of the second, fifth,
sixth and seventh paragraphs of the preceding article apply.
Article 1614da
1.

If working hours of less than 15 hours per week have been agreed and the times at which the work
must be performed, not recorded, or if the duration of the work is unclear or unclear
the worker is entitled for any period of less than three hours during which he has performed work
to the wages to which he would be entitled if he had worked three hours.

2.

This article cannot be deviated from to the disadvantage of the employee.

Article 1614e
1.

Does the wages consist for the whole or in part in an amount that is made dependent on any information,
that must be evident from the employer's records, the worker has the employer's right
to require communication of such evidence as are necessary for him to become aware of that information
get.

2.

By agreement entered into in writing or by regulations, it may be stipulated that notification of the said
supporting documents, instead of to each worker individually, will be given to a certain number of workers in
the employer's service or to one or more accounting experts, all provided by the workers
designate written choice.

3.

If required, the evidence is communicated by or on behalf of the employer under express
obligation of confidentiality on the part of the worker and the person who, in accordance with the preceding paragraph
replaces; however, he can never be obliged to observe secrecy towards the worker.

4.

Insofar as necessary, the obligation to observe secrecy has been lifted if the statement is disputed in law.

5.

Insofar as the data referred to in the first paragraph concerns the profit in the employer's company or a part
achieved thereof, can be achieved by means of the provisions of the first paragraph by means of a written agreement or by
regulations, also in another way than described in the second paragraph, are deviated from.

Section 1614f
1.

A power of attorney to claim wages must be given in writing.

2.

If the written authorization referred to in Article 1613f includes the condition that it is in cash
fixed wages, in whole or in part, instead of to the minor, to the legal representative
must be paid itself, this is calculated in relation to the payment of the wages, or of the part which
he must be paid, as the laborer.

3.

Even if no such condition is included in the authorization, it will be given to the minor
payable wages determined in money to the legal representative, if he opposes the
satisfaction of the minor in writing.

4.

In cases other than those referred to in the second and third paragraphs of this article, the employer is due to pay
the minor quite offended.

5.

Payment to third parties, in violation of the provisions of this or the following article, is null and void.

Article 1614g
1.

Attachment by the employer on the wages owed by him to the worker is valid no further than one
third part of the wage determined in money. There is no restriction whatsoever if the attachment serves as redress
of maintenance, to which he, on whose behalf the attachment is imposed, is entitled according to the law.

2.

Assignment, pledge or any other act giving the worker any right to his wages to a third party
is valid only insofar as an attachment of his wages would be valid.

3.

Power of attorney to collect the wages, in whatever form or whatever description, has been granted by the worker
always revocable.

4.

Any stipulation contrary to any provision of this article is null and void.

Article 1614h

Page 2
1.

Payment of the wages determined in money takes place in legal tender of the Netherlands Antilles or
pursuant to Article 114, paragraph 1, of Book 6, on the understanding that fixed in foreign currency
wages shall be calculated according to the exchange rate on the day and place of payment, or, if there is no exchange rate there,
to that of the nearest trading-place, where there is a price.

2.

When with the calculation of the wage determined in money from a foreign Kingdom a few days before the payment
commenced, the exchange rate of the day on which the calculation is made may apply.

Article 1614i
The payment of the wages, insofar as it is determined in elements other than money, will be made in accordance with
that which is stipulated by agreement or regulations, or in the case referred to in Article 1613p, according to the stipulations therein
arrange for.
Article 1614j
1.

Payment of the wages, insofar as it took place differently from the previous two articles
determined is null and void. The worker retains the right to claim the wages owed from the employer, without
to be obliged to return it to him at the void satisfaction.

2.

Nevertheless, the court is authorized, if the workers' claim is allowed, to limit the conviction to
such amount as will appear fair to him in view of the circumstances of the case, but no later than
the sum by which the damage suffered by the worker is valued by him.

3.

Any right of action of the workers by virtue of this article will lapse after six months.

Article 1614k
If the place where the wages are paid is not determined by agreement or regulations, or by custom, or
the wages are paid in accordance with Article 114, first paragraph, of Book 6, payment is made either ter
the place where the work is usually performed, or at the offices of the employer if this is located on the same site
island where the worker resides, or at the workers' residence, at the employer's choice.
Article 1614l
1.

Payment of the wages determined in money according to time space will take place as follows:
-

if the wage is determined by the week or by a shorter period of time, each time after one week;

-

if the wage is determined for a period of time, longer than a week, but less than a month, each time after expiry
of the time for which the wage is determined;

-

if the wage is determined by the month, each time after one month;

-

if the wage has been determined for a longer period of time than a month, each time after a quarter.

2.

The payment terms, determined in this article, will always be allowed by the parties with mutual consent
be shortened.

3.

The payment terms may only be extended with the written consent of the Governor,
while this consent can be withdrawn at any time.

Article 1614m
The payment of the wages determined in money but not according to time space will take place with due observance of the
provisions of the preceding article, on the understanding that this wage will be deemed to have been determined by the
space of time, in which the wages are usually fixed for the labor, which in terms of nature, place and time
closest to the work for which wages are due.
Article 1614n
1.

Insofar as the wage determined in money consists of an amount that is dependent on any given fact, that
must be evident from the employer's records, payment will be made whenever the
The amount of that wage can be determined, provided that the payment will be at least once a year
occur.

2.

Insofar as the information referred to in the first paragraph concerns the profit in the employer's company or a part
obtained from it and the nature of the business or use entails that this profit only after longer
period of time beyond one year is determined by written agreement or by regulations
stipulated that the payment will always take place after that provision.

Article 1614o
If the wages in money are partly by time space and partly by other means, or if it is
wages have been fixed in parts according to several different periods of time, for each animal the
regulations of articles 1614l to 1614n are applicable.
Article 1614p
1.

The entire amount of the wages owed will be paid with each payment.

2.

However, with regard to the money, but depending on the results of the work to be performed,
fixed wages are stipulated in a written agreement or by regulations, which each time,
subject to final settlement on the first payment day on which this will be possible
paid out a certain portion of the wages, amounting to at least three quarters of the customary wages for the,
in nature, place and time, closest work.

Article 1614pa
1.

The employer is obliged to send the worker a written document for each payment of the wage determined in money
to provide a statement of the wage amount, of the amounts from which it is composed, of the amounts that are paid on
the wage amount, of the amounts of which this is composed, of the amounts that are on the wage amount
withheld, as well as from the amount of wages to which a person of the age of the employee on the
period during which the wages are calculated in accordance with the provisions of or pursuant to the National Ordinance Minimum Wages
has a claim.

2.

The statement also states the name of the employer and of the employee, the date of commencement of employment, the
period over which the wages are calculated, as well as the agreed working hours.

Article 1614q
Insofar as the wages determined in money, or the part thereof, that remains after deduction of the amount paid by the
employer does not have to be paid, and after deduction of what, to which third parties in accordance with the provisions
of this Title, is not paid not later than the eighth working day after that on which pursuant to the
articles 1614l, 1614m and 1614o, the payment should have been made, the worker, if this non-payment
due to the employer is entitled to an increase due to the delay, which for the ninth to
and on the twelfth working day is five hundred per day and for each subsequent working day one hundred, with
provided that the increase due to delay will in no case exceed half of the amount due
to go. Nevertheless, the court is authorized to limit the increase to such an amount as it has with a view to the
circumstances of the case will appear equitable.
Article 1614r
1.

Unless the employment relationship ends, the employer will set off his debt as payment
of the wages only allowed with the following claims against the worker:
1 °.

the compensation owed by him to the employer;

2 °.

the fines owed by him to the employer in accordance with Article 1613s, provided that the latter provides written proof
be issued, stating the amount of each fine, the time when and the reason why it was
imposed, stating the violated provision of the regulations or of the agreement entered into in writing;

3 °.

the contribution to a fund or the deposit in the Curaçaosche Post Savings Bank, by the employer in accordance with Article
1613q, 1 ° and 2 °, deposited on behalf of the worker;

4 °.

the rent of a house, a room, a piece of land or equipment or tools, by the worker
own company, which the employer gives to the worker in a written agreement
rented out;

5 °.

the purchase price of ordinary and daily household necessities, not including alcoholic
drinks, as well as raw materials or auxiliary materials used by the worker in his own company; all this by the employer
delivered to the worker, provided that the delivery is evidenced in writing by the employer to the worker
issued, statement, stating the cause and the amount of the debt, and provided that the employer no longer calculates
than the cost-price, and that price may not be higher than that for which the laborer derives those necessities
purchase household, raw or auxiliary materials elsewhere;

6 °.

the advances on wages provided by the employer to the worker in cash, provided this is evidenced by a
statement as stated in the previous number;

7°.

the amount of that which has been overpaid on the wages;

8 °.

the taxes paid / payable by the employer for the employee under statutory regulations.

2.

With regard to that which the employer could claim under numbers 2 °, 3 ° and 5 °, except
written consent of the Governor by him with each payment of wages no longer be
then a fifth of the wages set in money, which should then be
paid; in respect of all that he could claim in full under the provisions of this article,
Setoff may not exceed two fifths, subject to written permission from the Governor
portions of the same amount.

3.

Any clause granting the employer a wider right to set-off is null and void.

Article 1614s
1.

Clauses which purport to not pay a certain amount of the wages on the payday are
only valid if they have been made by agreement entered into in writing or by regulations for the purpose of
to be able to recover this amount, which the blue-collar worker at the end of the employment by virtue of Article 1615o,
third paragraph, and if they furthermore comply with the further provisions of this article.

2.

The employer is obliged to pay the unpaid amount in the name of the worker at the Curaçaosche
Post savings bank investing. This amount will be deposited within three days after that of the wage payment
at the time of payment of wages, the worker is deemed to be the owner of the amount to be deposited.

3.

This amount may not be more with each salary payment, unless the Governor's written consent is given
than a tenth of the money set in money, and then payable.
In its entirety, it may not equal more than the amount of the compensation referred to in article 1615r.

4.

Once the employment has ended in a way that prevents the worker from paying another
is obliged to pay compensation as referred to in the first paragraph, he, or his successors in title, shall obtain the free
disposal over the amount thus deposited in his name and over the interest accrued from it.

5.

Anything to do with regard to deposits and refunds under this article shall be further determined by the
Governor to be arranged.

Article 1614t
1.

If the wages of the laborer are wholly or partly for lodging, board, or other necessities of life
established, the employer is obliged to do so, provided that in accordance with the requirements of health and morality,
according to local custom.

2.

Any clause which would exclude or limit this obligation of the employer is null and void.

Article 1614u
The employer, who is temporarily prevented from paying the wage, insofar as this is in lodging, board or other necessities
determined, without this impediment being the result of the worker's own actions, it is one
shall owe compensation, the amount of which shall be determined by agreement or, failing that, by local custom
determined.
Article 1614v
The employer is obliged to give workers living at home, without discount of wages, the opportunity to do so
to fulfill religious duties, as well as to enjoy recreation from work, in both cases in the manner
agreement or, failing that, determined by local custom.
Article 1614w
The employer is obliged to arrange the work in such a way that the worker has no work to do on Sundays
and those days, which according to ordinance are equated with Sundays with regard to the stipulated work,
except insofar as the contrary has been stipulated or arises from the nature of the work.
Article 1614x
1.

The employer is obliged to provide the premises, equipment and tools in or with which he does the work
to set up and maintain in such a way, as well as with regard to the performance of the work
to make such arrangements and to provide instructions that the worker be honorable against danger to his life
and is well protected as can reasonably be demanded in connection with the nature of the work.

2.

If those obligations have not been fulfilled, the employer is obliged to pay compensation for the damage to the worker
consequently happen in the course of his employment, unless proof is provided by him,
that non-compliance with force majeure, or that damage, is largely due to gross negligence on the part of the worker
is due, all except for the relative provisions of the 1936 Accident Regulations.

3.

If the worker, as a result of the employer's failure to fulfill these obligations, in the performance of his duties
employment has been injured in such a way as to result in death, is the employer
in accordance with Article 108 of Book 6 to the persons referred to there, unless by him
evidence is provided that this non-compliance with force majeure, or death to a large extent partly due to gross
the worker's fault is due. The reservation made on the preceding paragraph is also on this
application.

4.

Any clause which would exclude or limit these obligations of the employer is null and void.

Article 1614y
In general, the employer is obliged to do and refrain from doing all that a good employer would do in equal measure
circumstances should and should not.
Article 1614z
1.

Upon termination of the employment, the employer is obliged to provide the worker with a certificate at his request
to reach out.

2.

The certificate contains a correct statement of the nature of the work performed and the duration of the work
employment relationship, as well as, but only at the special request of the person to whom the certificate must be issued
issued, regarding the manner in which the worker has fulfilled his obligations and the manner in which the
employment has ended; however, the employer has the employment without stating reasons
he is only obliged to state this, without being obliged to state the reasons himself
share. If the worker has terminated the employment and has become liable for damages as a result, then the
the employer is entitled to state this in the certificate.

3.

The employer, who refuses to issue the requested certificate, is not aware of that in the certificate
includes incorrect statements, or which provides the certificate with a reference, intended to
to make any statement to the worker, which is not contained in the wording of the certificate, is both towards
the worker as liable to third parties for the damage caused thereby.

4.

Any clause which would exclude or limit these obligations of the employer is null and void.

Fourth Section Of the obligations of the workers
Article 1615
The worker is obliged to perform the stipulated work to the best of his ability.
Insofar as the nature and scope of the work to be performed are not described in an agreement or regulation, a decision is taken
about it used.
Article 1615a
The worker is obliged to perform the work himself; he cannot do this except with the consent of the employers
replaced by a third party.
Article 1615b
The worker is obliged to comply with the regulations regarding the performance of the work as well as those,
which serve to promote good order in the company of the employer, by or on behalf of the
employer within the bounds of the existing legal regulations, agreement or regulations.
Article 1615c
The worker who lives with the employer is obliged to behave in accordance with the order of the house.
Article 1615d
The worker is generally bound to do and refrain from doing all that what a good worker is in equal measure
circumstances should and should not.
Article 1615da
1.

The worker who causes damage to the employer or a third party in the performance of the agreement
To whom the employer is obliged to pay compensation for that damage, is not in this matter with regard to the employer
liable, unless the damage is the result of intent or deliberate recklessness. From the circumstances of
the case may, partly in view of the nature of the agreement concerned, arise differently from the previous one
sentence is determined.

2.

Deviation from the previous paragraph and from Article 170 paragraph 3 of Book 6 to the disadvantage of the blue-collar worker is only possible at
written agreement and only insofar as the worker is insured in this respect.

SECTION FOUR Of the various ways of employment, by
employment contract arises, ends
Article 1615e
1.

The employment relationship ends by operation of law, when the time has expired, by agreement or regulation, at
national ordinance or indicated by custom.

2.

In that case, prior notice is required:
1.

if this has been determined by agreement entered into in writing or by regulations;

2.

if, according to national ordinance or custom, termination should take place and not, where such
permitted, by agreement entered into in writing or deviated from by regulations.

3.

An employment relationship as referred to in the first paragraph can only be terminated prematurely if for each of the
parties that right has been agreed in writing.

4.

Prior notice is required for the termination of an employment contract entered into for an indefinite period.

5.

Any clause under which the employment relationship ends by operation of law due to pregnancy or childbirth
the worker is null and void.

6.

Any clause under which the employment relationship ends by operation of law due to pregnancy or childbirth
the worker is null and void.

7.

If an employment contract entered into for an indefinite period of time, which is otherwise than through valid termination or
dissolution by the court has been terminated once or several times by an employment relationship for
a fixed period of time at intervals of no more than three months is, by way of derogation from the first paragraph, for the
termination of the last employment requires prior notice. The term for cancellation is
calculated from the time of establishment of the employment for an indefinite period of time.

8.

Continued employment as referred to in the seventh paragraph also applies if the same
worker has successively been employed by different employers that should reasonably be considered
become one another's successors with regard to the work performed.

Section 1615f
1.

If the employment after the expiry of the time, in the first paragraph of the preceding article
is continued without objection by the parties, it is deemed to be for the same time, but each time
to be re-entered into again for no more than one year on the previous terms and conditions.

2.

The same applies if, in cases where notice is required, timely notice is not given and the
the consequences of the continuation of the employment relationship have not been deliberately arranged.

Section 1615fa
1.

From the day that between the same parties:
a.

Fixed-term employment contracts have succeeded each other at intervals of not more than three months and
have exceeded a period of 36 months, including these intervals; then yes

b.

more than three fixed-term employment contracts have succeeded each other at intervals of
less than three months;

the most recent employment is considered to have been entered into for an indefinite period of time.
2.

The first paragraph applies mutatis mutandis to successive employment relationships between a worker
and various employers, who must be reasonably regarded with regard to the work performed
to be one another's successor.

3.

The first paragraph, under a and last sentence, does not apply to an employment contract entered into before
no more than three months immediately following employment entered into between the same parties
for 36 months or longer.

4.

The term of notice is calculated from the time of the establishment of the first employment relationship
as referred to under a or b of the first paragraph.

5.

The first, second, third and fourth paragraph is only allowed by collective labor agreement to the detriment of the
worker are deviated.

Article 1615g
[cancelled]
Article 1615h
1.

Termination can be effected on any day, unless otherwise specified by written agreement or regulations
day is designated.

2.

Under penalty of nullity, the employer may not give notice during the time that the worker is unfit to
performing his work as a result of illness or accident, unless the incapacity for work is at least one year
has lasted. Nor may the employer, on pain of nullity, give notice of termination during the pregnancy
and maternity leave, as referred to in Article 1614 ca.

3.

Under penalty of nullity, the employer may not terminate during the time that an adult worker
is prevented from performing the stipulated work because, other than for the purpose of military service or
to perform another public service by way of profession, comply with an obligation imposed on him by law, or
arising from an obligation entered into by him towards the government with regard to the defense of the country
or to protect public order. The same applies to the minor worker, if the
employment has lasted at least six months at the time when the impediment commences.

4.

The provisions of the second and third paragraphs can only be deviated from in the case of collective
labor contract.

5.

Under penalty of nullity, the employer cannot terminate the employment contract due to the marriage of the
worker.

6.

Under penalty of nullity, the employer cannot terminate the employment contract due to membership of the
employee of an association of employees which, by virtue of its articles of association, seeks the interests of those
association, unless those activities are performed during the working hours of the employee and the employer insists on them
has withheld his consent for reasonable grounds.

Article 1615i
1.

The term of notice to be observed by the employer in the case of an employment relationship is that on the day
of cancellation:
a.

has lasted less than five years: one month;

b.

has lasted five years or more, but less than ten years: two months;

c.

ten years or more, but less than fifteen years: three months;

d.

has lasted fifteen years or more: four months;

2.

The term of notice to be observed by the worker is one month.

3.

If the permission as referred to in Article 4 of the National Ordinance Termination of Employment Agreements,
respectively the assessment as referred to in Article 5 of the aforementioned national ordinance has been given, the
The term of notice to be observed by the employer will be shortened by the term of notice referred to in Articles 4 and 5 respectively
National ordinance termination of employment contracts specified term, on the understanding that the remaining
term of notice is at least one month. By collective agreement can be
agreed that the remaining termination period as referred to in the first sentence, is less than one month
amounts.

4.

The term referred to in the first paragraph can only be shortened by collective labor agreement. The term
can be extended by written agreement.

5.

The term referred to in the second paragraph may be deviated from by written agreement. The term of
termination by the worker may not be longer than six months in the event of an extension and not shorter for the employer
than double that of the worker. It can be agreed in a collective labor agreement that
the term of notice for the employer as referred to in the second sentence is shortened, provided that that term is not
shorter than that for the worker.

6.

For the purposes of the first paragraph, employment relationships are deemed to be uninterrupted
to form employment in the event of restoration of employment pursuant to Article 1615t.

Article 1615j
[cancelled]
Article 1615k
[cancelled]
Article 1615l
Employment ends with the death of the worker.
Article 1615m
The employment relationship does not end due to the death of the employer, unless the contrary results from the agreement.
However, both the heirs of the employer and the worker are authorized the employment relationship, for a specific one
time entered into, by terminating notice with due observance of the provisions of articles 1615h and 1615i,
as if they had been entered into for an indefinite period of time.
Article 1615n
1.

A probationary period, during which each party is authorized to terminate employment without notice or without
to terminate compliance with the provisions applicable to termination may, under penalty of nullity,
only be agreed by written agreement. Any clause where the probationary period is not applicable to both
parties are equal or longer than two months, as well as any stipulation whereby
a new trial period the joint trial periods become longer than two months is null and void.

2.

In the event of such termination, the provisions of Articles 1615s and 1615t shall not apply.

Article 1615o
1.

Either party may terminate the employment without notice or without observing the prior notice
applicable provisions, but the party that does so without the consent of the other party is
liable for damages, unless it terminates the employment in this way for an urgent reason, to the other party
immediately communicated reason.

2.

The party is also liable for damages who have an urgent reason due to intent or negligence on the part of the other party
given about the employment without notice or without observing the conditions applicable to the notice of termination
provisions to end, if the other party has made use of that power or the court has decided
who has declared the employment contract dissolved pursuant to Article 1615w. 3. In case one of
parties is liable for damages, the other party has the choice of the indemnification referred to in article 1615r or a
claim full compensation.

Article 1615p
1.

For the employer, urgent reasons within the meaning of the first paragraph of the preceding article:
considered such acts, attributes or conduct of the worker which result in that of the
the employer cannot reasonably be expected to continue the employment.

2.

Urgent reasons can be considered to be present, among other things:

3.

1 °.

when the worker has misled the employer at the conclusion of the contract by displaying false or
falsified certificates, or has intentionally given false information about the manner in which his previous
employment has ended;

2 °.

when he appears, to a serious degree, to lack the ability or suitability for the work for which he is engaged
connected;

3 °.

when he indulges in drunkenness or other debauched behavior despite warning;

4 °.

when he is guilty of theft, embezzlement, deceit or other crimes, giving him confidence
becomes unworthy of the employer;

5 °.

if he mistreats, grossly insults or . the employer, his family members or housemates, or his co-workers
seriously threatened;

6 °.

when he tempts or tries to tempt the employer, his family members or housemates, or his fellow workers to
acts contrary to the law or morality;

7°.

when he deliberately or despite warning recklessly damages the employer's property, or seriously
exposes danger;

8 °.

when he intentionally or despite warning recklessly exposes himself or others to serious danger;

9 °.

when he discloses details of the employer's household or business, which he should have kept secret
keep, announce;

10 °.

when he stubbornly refuses to comply with reasonable orders or instructions, given him by or on behalf of the employer
provided;

11 °.

when he grossly neglects in any other way the obligations imposed on him by the agreement;

12 °.

when he becomes or continues to perform the stipulated work due to intent or recklessness.

Clauses, whereby the decision is left to the employer or there is an urgent reason within the meaning of
Article 1615o, first paragraph, is present, are null and void.

Article 1615q
1.

For the blue-collar worker, urgent reasons within the meaning of article 1615o, first paragraph, are considered to be such
circumstances which have the consequence that the worker cannot reasonably be expected to do
to continue employment.

2.

Urgent reasons can be considered to be present, among other things:

3.

1 °.

when the employer mistreats, grossly insults or seriously insults the worker, his family members or housemates
threats, or tolerates such acts by any of his housemates or subordinates
committed;

2 °.

when he seduces or tries to seduce the worker, his family members or housemates to act contrary to
the laws or morals, or tolerate such seduction or attempted seduction by any of his household members
whether subordinates are committed;

3 °.

if he does not pay the wages at the specified time;

4 °.

if, where room and board are stipulated, he does not provide this in a proper manner;

5 °.

if he is the worker whose wages are determined according to the results of the work to be performed, no
provides sufficient work;

6 °.

when the worker, whose wage is determined depending on the results of the work to be performed,
does not provide stipulated assistance or does not provide it to a considerable extent;

7°.

when he grossly neglects in any other way the obligations imposed on him by the agreement;

8 °.

if he, without the nature of the employment implying this, the worker, notwithstanding his refusal,
ordered to perform work in the company of another employer;

9 °.

if the continuation of the employment for the worker were associated with serious danger to life,
health, morality or good name, which were not apparent at the time of the conclusion of the agreement;

10 °.

when the worker is unable to perform the stipulated work due to illness or other causes without his involvement
perform.

Clauses, which leave the decision to the worker, or there is an urgent reason in the sense of it
Article 1615o, first paragraph, is present, are null and void.

Article 1615r
1.

The compensation referred to in Article 1615o, third paragraph, is equal to the amount determined in money
wage for the time that the employment should have continued in the event of regular termination.

2.

If the wages of the worker, either for the whole or in part, are not fixed according to time space, then applies
the criterion of article 1613m, second sentence.

3.

Any stipulation whereby compensation for a lower amount is stipulated for the benefit of the worker is
void. In case of an agreement entered into in writing or by regulation, compensation may be up to a higher amount
be determined. The court has jurisdiction over the compensation, if this is to him in view of the
circumstances of the case is excessive, to be determined on a smaller sum, but not less than
the wages determined in money for the duration of the notice period pursuant to Articles 1615h, 1615i and
1615j, nor on less than the monetary wage for three months.

4.

If the compensation owed by the worker exceeds the monetary wages for
one month or the compensation owed by the employer exceeds the monetary amount
wages for three months, the court may allow the compensation in a manner to be determined by him
installments are paid.

5.

The statutory interest is due on the amount of compensation due, calculated from the day,
on which the employment ended.

Article 1615s
1.

If one of the parties terminates the employment, whether or not with due observance of the
provisions, manifestly unreasonably terminated, the court can always give a fairness to the other party
award damages.

2.

Termination of employment by the employer may, among other things, be deemed manifestly unreasonable
turn into:

3.

4.

1 °.

when this occurs without stating reasons or stating a pretended or false reason;

2 °.

when, also taking into account the provisions made for the worker and the existing for him
opportunities to find other suitable work, the consequences of termination are too serious for him in comparison
with the employer's interest in the termination;

3 °.

when this occurs in connection with an impediment of the worker to perform the stipulated work, if
referred to in Article 1615h, third paragraph;

4 °.

when this takes place in derogation from an industry or company regulation pursuant to statutory regulations or
use applicable numerical ratio or seniority rules, unless there are compelling reasons for this.

Termination of the employment by the worker may, among other things, be deemed manifestly unreasonable
turn into:
1 °.

when this occurs without stating reasons or stating a pretended or false reason;

2 °.

when the consequences of termination for the employer are too serious in comparison with the interests of the worker
upon termination.

Clauses, whereby it is left to one of the parties to decide whether the employment relationship is or not
terminated in a manifestly unreasonable manner are void.

Article 1615t
1.

The court can judge the party who has become liable for damages according to Article 1615o or who manifests the employment relationship
unreasonable termination, also condemning the employment to be reinstated.

2.

If the judge pronounces such a conviction, he can determine before or at what time the
employment relationship must be restored and he can make provisions regarding the legal consequences of the
interruption.

3.

The court may stipulate that the obligation is in the judgment condemning the reinstatement of employment
until recovery lapses by payment of a lump sum determined in the judgment. Is there no lump sum in the judgment?
determined, the judge will determine this if one of the parties submits a request to that effect.

4.

Such a request submitted by the party sentenced to reinstate shall suspend the execution of the
judgment, insofar as it concerns the conviction for reinstatement of employment, until a decision has been made on the request, with
on the understanding that if the request has been submitted by the employer, it will in any case remain mandatory
pay the wages during the suspension.

5.

The court will determine the amount of the lump sum payment in fairness with a view to the circumstances of the case;
he can allow the lump sum payment to be paid in installments in a manner to be determined by him. If a
lump sum payment due to non-compliance with an obligation to restore employment is otherwise
has been determined, the court may determine the amount of the lump sum owed at the request of the most diligent party
change to such an amount as it would and is reasonable in view of the circumstances of the case
he allows the lump sum payment to be paid in installments in a manner to be determined by him.

Article 1615u
Any right of action under article 1615o, third paragraph, 1615s, first paragraph and 1615t, first paragraph, expires after expiry
of six months.
Article 1615v
1.

If the employment is entered into for more than five years or for the duration of the life of one
particular person, the worker is nevertheless authorized from the moment that five years have passed since her commencement
expire, to terminate it with due observance of a period of six months.

2.

Any clause by which this right to terminate is excluded or limited is null and void.

Article 1615w
1.

Each of the parties is at all times entitled to take legal action for serious reasons with the
written request to declare the employment contract dissolved. Any clause, giving this jurisdiction
excluded or limited is null and void.

2.

Compelling reasons are considered to be circumstances which have an urgent reason, as referred to in Article
1615o, first paragraph, would have resulted if the employment had been terminated without delay,
as well as changes in circumstances, which are of such a nature that the employment relationship is equitable
should end immediately or after a short time.

3.

The court will not grant the request until after hearing or proper summoning of the other party.

4.

If the court grants the request, it will determine the time at which the employment relationship ends.

5.

If the judge grants the request because of changes in circumstances, he can, if he does so with it
in view of the circumstances of the case, it appears fair to one of the parties at the expense of the other party
award compensation; he can allow the compensation to be paid in installments in a manner to be determined by him
paid.

6.

Before pronouncing a dissolution, to which compensation is attached, the court will notify the parties
notify his intention and set a time limit within which the applicant has the power to lodge his claim
to pull.

7.

If the petitioner does so, the judge will only decide on the costs of the proceedings.

8.

No provision of any kind is permitted against a decision under this article.

Article 1615x
The provisions of this section do not exclude the possibility of dissolution for either party by reason of a
shortcoming in the fulfillment of the agreement and of compensation. The dissolution can only be done by the
judge to be pronounced

SIXTH SECTION Of Acceptance Of Work
Article 1616
When accepting work, it can be agreed that the contractor only performs work, or that he also carries out the material
will deliver.
Article 1617
In the event that the contractor has to deliver the material, and the work, in whatever way, goes before it is delivered,
the loss for his account, unless the procurer was negligent to receive the work.
Article 1618
If the contractor has to perform work alone, and the work ends, he is only liable for his fault.
Article 1619
If, in the case stated in the previous article, the work is outside any breach of duty of the contractor
lost before delivery has taken place, and without the contracting party being negligent in completing the work
accept and approve, the contractor is not entitled to the stipulated price, unless the matter is by one
flaw in matter itself would have been lost.
Article 1620
If a work is worked with the piece or with the measure, it can be included in parts; That
inspection is deemed to have taken place for all the paid parts, when the contracting party informs the contractor each time
pays in proportion to what has been completed.
Article 1621
If a building, accepted and completed for a certain price, is wholly or partially destroyed by a
defect in the composition, or even due to the unsuitability of the soil, are the builders and
contractors are liable for this for ten years.
Article 1622
If a master builder or contractor has undertaken to complete a building upon contracting, according to a
specifications, drawn up and established with the owner of the land, he cannot claim an increase in the price,
neither under the pretext of an increase in wages or building materials, nor under that of made
changes or additions not included in the specifications, if those changes or enlargements are not
have been agreed in writing, and no agreement has been reached with the owner about the same price.
Article 1623
The contracting authority may, if it approves, cancel the contract, although the work has already begun, provided that he
contractor, for all its costs, labor and loss of profit, fully indemnified.
Article 1624
1.

Contractors cease to work due to the death of the contractor.

2.

But the contracting party is bound by the heirs, in proportion to what was stipulated in the agreement
price, to be paid the value of the work done and that of the ready-made building materials, provided that work
whether those building materials can provide him for any use.

Article 1625
[Cancelled]
Article 1626
Masons, carpenters, blacksmiths and other craftsmen who convert a building or make
any other contracted work are used, have no legal claim against the person on whose behalf the works
made, then up to the amount of what he owes the contractor, at the time when they receive them
institute legal claims.
Article 1627
1.

Masons, carpenters, blacksmiths and other craftsmen, who own one immediately and for a specified price
undertake work are bound by the rules prescribed in this section.

2.

They are contractors in the trade in which they work.

Article 1628
1.

The contractor who exercises a right of retention on an immovable property can do this against a mortgagee with
only invoke an earlier right insofar as his performance leads to a higher proceeds from the property for the benefit of the
mortgagee has led.

2.

The first paragraph applies mutatis mutandis if a
right of retention is exercised on immovable property.

Article 1629
The rights and obligations of drivers and skippers are in the Commercial Code of the Dutch
Antilles established.

EIGHTH TITLE Of partnership
FIRST SECTION General provisions
Article 1630
Partnership is an agreement, in which two or more persons commit themselves to bring something into community,
with a view to sharing the resulting benefit with each other.
Article 1631
[cancelled]
Article 1632
Partnerships are either general or special.
Article 1633
The law only knows the general partnership of profit. It forbids all partnerships, whether of all goods,
or of a certain part of them under a universal title; without prejudice to the provisions laid down in the
sixth and seventh title of the first book.
Article 1634
The overall partnership of profit contains only that which parties, under whatever name, during the course of the course
will obtain partnership through her diligence.
Article 1635
The special partnership is such which relates only to certain specific goods, or to
the use thereof, or the fruits which shall be borne thereof, or to a particular enterprise, or to the
exercising any business or profession.

SECTION 2 Of the partnerships' obligations among themselves
Article 1636
The partnership commences from the moment of the agreement, if no other time has been determined.
Article 1637
1.

The contribution of the partner can consist of money, goods, enjoyment of goods and labor.

2.

On the contribution of a good are the provisions regarding purchase, on the contribution of enjoyment of a good the articles
1564 to 1612 shall apply mutatis mutandis, insofar as the nature of the legal relationship is
do not oppose this.

Article 1638
[cancelled]
Article 1639
[cancelled]
Article 1640
When one of the partners, for his own account, has a claimable sum to be claimed from someone who is also
sum payable by the same amount to the partnership, the payment which he receives must be
partnership and his own, in proportion to both those claims, if it were
also that, at the time of discharge, he might have deducted or settled everything from his own debt; but
if he has determined in the discharge that the entire payment would go towards the debt of the partnership, will
this provision is complied with.
Article 1641
If one of the partners has received his entire share in a common debt of the partnership, and the
debtor has subsequently become insolvent, that partner is obliged to deposit the receipts in the common treasury
even if he had also given discharge for his share.
Article 1642
[cancelled]
Article 1643
[cancelled]
Article 1644
[cancelled]
Article 1645
1.

If in the partnership agreement the share of each partner in the profits and losses is not
determined, each share is proportional to what he has contributed to the partnership.

2.

With regard to the person who only contributed his industry, the share in the profits and the
losses calculated to be equal to the share of the one of the partners who contributed the least.

Article 1646
1.

The partners cannot stipulate that they arrange the budget of their share to one of them or to one
third will leave.

2.

Such a stipulation is presumed not to have been written, and so the ordinances of the
previous article are taken into account.

Article 1647
1.

The stipulation whereby one of the partners may have been promised all the benefits is null and void.

2.

But it is permissible to stipulate that all losses shall be made exclusively by one or more of the partners
being carried.

Article 1648
1.

The partner, who is entrusted with the management by a special clause of the partnership agreement, can even
notwithstanding the other partners, perform all deeds relating to its management.

2.

As long as the partnership lasts, this power cannot be revoked without serious reason; but if
it is not given by the agreement of the partnership, but by a later deed, it is, as is one
simple mandate, revocable.

Article 1649
If several partners are entrusted with the management, without their specific activities being determined, or
without stipulation that one outside the other should not do anything, each of them is separate to all
acts concerning management, empowered.
Article 1650
If it is stipulated that one of the trustees should not be allowed to do anything outside of the other, one can,
without a new agreement, not to act without the co-operation of the other, even if it might occur
the moment in the impossibility to participate in the actions of the management.
Article 1651
In the absence of special stipulations regarding the management method, the following rules must be observed
taken:
1 °.

the partners are deemed to have given themselves the power to manage one for the other.
What each of them does is also binding for the share of the other partners, without
have obtained permission; without prejudice to the right of the latter, or of one of them, to oppose the
to oppose an act as long as it has not yet been concluded;

2 °.

each of the partners may make use of the goods belonging to the partnership, provided he or she does so
use such ends as for which they are usually intended, and provided that he does not make use of them against the
interest of the partnership, or in such a way that the other partners are thereby prevented from doing so
to share in the use of goods, according to their right;

3 °.

each partner has the power to oblige the other partners to bear the costs, which up to
retention of the property belonging to the partnership is necessary;

4 °.

none of the partners can, without the permission of the others, establish any novelties with regard to the real estate
matters pertaining to the partnership, though he also claimed to be beneficial to the partnership.

Article 1652
[cancelled]
Article 1653
Each of the partners may, even without the consent of the others, hire a third person as a partner in the partnership
share which he has in the partnership; but he cannot, without such permission, be a fellow member of the
allow partnership, even if he may also be charged with the management of the affairs of the partnership.

THIRD SECTION Of the partners' obligations towards third parties
Article 1654
The partners are not all bound together for the debts of the partnership, and one of the partners can pay the
others, if they have not given him power of attorney to do so.
Article 1655
The partners can be held liable by the creditor with whom they have dealt, each for equal
sum and equal share, even if the share in the partnership of the one less than that of the other
amounted, unless, at the time of entering into the debt, the obligation thereof, to be in proportion to the share in the
partnership of each partner, it is expressly provided.
Article 1656
The clause that an act is entered into on behalf of the partnership only binds the partner who takes it
entered into, but not the others, unless the latter had given him power of attorney to do so, or the matter
in favor of the partnership.
Article 1657
If one of the partners has entered into an agreement in the name of the partnership, the partnership may execute
claim it.

SECTION FOUR Of the various ways in which the partnership ends
Article 1658
A partnership is dissolved:
1 °.

through the time for which it is entered into;

2 °.

by the destruction of a good or the completion of the act which is the subject of the partnership;

3 °.

by cancellation of a partner to the other partners;

4 °.

by the death or receivership of one of them, or if he has been declared bankrupt.

Article 1659
1.

At the request of any of the partners, the court may dissolve the partnership for serious reasons.

2.

Such dissolution has no retroactive effect. The court can grant the claim under by
conditions to be imposed on him and a party that has failed to comply with its obligations, with
order to pay compensation by analogy with Article 277 of Book 6.

3.

Articles 265 to 279 of Book 6 do not apply to a partnership.

Article 1660
[cancelled]
Article 1661
1.

A cancellation is voidable if it is made contrary to reasonableness and fairness.

2.

A company entered into for a definite period of time or for a specific work cannot be terminated, unless this
is stipulated.

Article 1662
[Cancelled]
Article 1663
1.

If it is stipulated that, in the event of the death of one of the partners, the partnership with that heir, or
only between the remaining partners, should it continue, that clause must be fulfilled.

2.

In the second case, the heir of the deceased has no further right than to the division of the partnership,
according to the condition in which she was at the time of that death; but he shares in the
benefits and bears in the losses, which are the necessary consequences of operations, which before it
death of the partner, whose heir he is, took place.

TITLE NINTH
[articles 1664 to 1684]
[cancelled]

TITLE TITLE From donations
FIRST SECTION General provisions
Article 1685
1.

Donations is an agreement in which the donor, during his lifetime, is free of charge and irrevocably any good
for the benefit of the gifted one who receives it.

2.

The law does not recognize donations other than donations among the living.

Article 1686
1.

Donations may contain only the present goods of the donor.

2.

If it contains future goods, it is null and void in that respect.

Article 1687
The donor may not reserve the right to claim over an object included in the gift
dispose of; such a donation is considered null and void as far as that object is concerned.
Article 1688
The giver is permitted to use the enjoyment or usufruct of the donated goods for his own benefit
to reserve, or to dispose of it for the benefit of another person; in which cases the provisions of Title 8
of Book 3 will have to be observed.
Article 1689
A donation is null and void if it is made on condition to pay other debts or charges than those,
which are expressed in the deed of donation itself, or in a state which must be attached thereto.
Article 1690
1.

The donor may reserve the right to dispose of a certain sum of money from the donated goods.

2.

If he dies without having the sum of money at his disposal, the whole gift will remain with the
endowed.

Article 1691
The donor may reserve the right to have the goods given back to him, either
in the event that the donee alone, or he and his descendants died before the donor, but this is not possible
stipulated otherwise than for the benefit of the donor alone.
Article 1692
The consequence of the right of return will be that all alienations of the donated goods
are destroyed, and those goods return to the giver free and released from all charges and mortgages, whichever
may have been placed on it since the time of the donation.
Article 1693
The donor is not obliged to indemnify in the event of foreclosure.
Article 1694
The provisions of Articles 906, 907, 908, 908, 909 and 911, those of Article 921, and finally the seventh and
eighth section of the twelfth title of Book 4, are applicable to donations.

SECOND SECTION Of the ability to dispose of by gift,
and benefit
Article 1695
All persons may dispose of and enjoy by way of donation, with the exception of such persons as are permitted by law
declares incapable of doing so.
Article 1696

Page 3

Minors may not dispose of by way of donation, except for the seventh title of the first
book has been established.
Article 1697
1.

Gifts between husbands and wives while married are prohibited.

2.

However, this provision does not apply to gifts or gifts of movable property or sums of money,
whose value or amount is not excessive in consideration of the wealth of the donor.

Article 1698
In order to be able to benefit by way of bestowal, the donee must, at the time
on which the donation was made.
Article 1699
[cancelled]
Article 1700
The provisions of the second and last paragraphs of article 931, together with articles 933, 934, 935 and 937,
apply to donations.

Third Section Of the form of donations
Article 1701
No donation, with the exception of those for which action is taken under article 1706, can be done otherwise under penalty of nullity
are then done by a notarial deed, of which the minute has remained under the notary.
Article 1702
1.

No donation is binding on the giver, or has any effect whatsoever, except for the day,
upon which it shall be adopted in express terms, either by the donee himself or by a
person who has been granted power of attorney to accept donations by means of an authentic deed,
which have been made to the donee, or which may be done hereafter.

2.

If the acceptance was not made by the deed of donation itself, this may be done by a later one
authentic deed, of which one minute will be kept, provided this takes place during the life of the
donor; in which case the donation, in respect of the latter, shall be effective only from the
day on which the adoption will have been notified.

Article 1703
1.

A donor can by no deed of confirmation remedy the defects of a gift that is void in form;
to be valid, that donation must be re-legalized.

2.

The confirmation, ratification or voluntary fulfillment of a gift, by the heirs or assigns
of the donor, made after his death, the latter relinquishes the authority to
form to invoke.

Article 1704
1.

Gifts to minors who are under the parental authority of both parents may be accepted by the
parents or - if a parent exercises custody alone - by that parent.

2.

Donation, made to minors under guardianship or under guardianship, is accepted
by the guardian or trustee.

3.

If the authorization referred to in section 345, subsection 1 (c) of Book 1 is required and is granted,
the donation remains in effect even if the donor has died before the authorization is granted.

Article 1705
[cancelled]
Article 1706
The hand-to-hand donations of movable property, sums of money or bearer debts require no deed,
and are effective by the mere surrender to the gifted one, or to a third party, who has the given for him
assumes.

SECTION FOUR Of Revocation and Forfeiture of Donations
Article 1707
A donation, regardless of whether it has already been made, is voidable:
1°

on account of non-fulfillment of the conditions under which it was done;

2°

if the donee has been convicted of intentionally committing or complicity in a crime against the
donor;

3°

if the donee is legally obliged to contribute to the maintenance of the giver and he is in default
obligation to fulfill.

Article 1708
[cancelled]
Article 1709
[cancelled]
Article 1710
[cancelled]
Article 1711
1.

The right to invoke a ground for setting aside, stated in Article 1707, will lapse after
one year after the day on which that land was created and could have been known to the donor.

2.

The appeal cannot be made by the donor against the heirs of the donee, nor by the
heirs of the donor had commenced, or he was allowed to do so within the year of the charged act
passed away.

Article 1712
No hindrance shall be caused by the provisions of this title to that which pertains to the seventh title of the first book
established.

ELEVENTH TITLE
[articles 1713 to 1758]
[canceled] €€€€

TWELVETH TITLE Of Loan
FIRST SECTION General provisions
Article 1759
Loan is an agreement, in which one party gives the other a thing for use free of charge, under
provided that the person who receives this item, after having made use of it, or after a certain
time, will return.
Article 1760
The lender remains the owner of the loaned good.
Article 1761
[cancelled]
Article 1762
1.

The obligations arising from the loan are transferred to the heirs of the lender
and from him who borrows.

2.

But if the loan is made only at the expense of the one who receives the loan, and to
the person in particular, his heirs cannot enjoy the further enjoyment of the borrowed thing
are retained.

SECTION 2 Of the obligations of the person who is on loan
receives
Article 1763
1.

He that receives something in loan is obliged, with due diligence, for the safekeeping and preservation of the borrowed
matter to worry.

2.

He may not make any other use of it than that which is implied by the nature of the matter, or with the agreement
is determined.

Article 1764
If the borrowed thing is lost by chance, which the one who has received it on loan, by
to use his own business, or if he, if he could keep only one of them, to the
has given his priority, he is liable for the loss of the other thing.
Article 1765
If the thing is estimated at the time of lending, the loss of the same, even if it arose by chance, will be
at the expense of the person who has received the thing on loan, unless the contrary should be stipulated.
Article 1766
If the item solely as a result of the use for which it was borrowed and through no fault of the user,
value, it is not liable because of that reduction.
Article 1767
If the user has incurred any expenses in order to be able to use the borrowed good, he can
not reclaim it.
Article 1768
If an item is lent to two or more persons jointly, they are jointly and severally liable for:
restitution thereof and compensation for the damage resulting from a failure to comply with that
obligation, unless the shortcoming cannot be attributed to any of them.

SECTION THREE Of the obligations of the lender
Article 1769
The lender cannot reclaim the borrowed good until after the specified time has elapsed, or, in the absence of another
such a provision, after it has served, or has been able to serve, for the use for which it was lent.
Article 1770
If, however, the lender, during that period of time, or before the user's need has ceased, the
borrowed case, for urgent and unexpectedly emerging reasons, the court may, depending on the
Under the circumstances, require the user to return the loaned item to the lender.
Article 1771
If, during the loan, the user incurs any extraordinarily necessary expenses for the preservation of the good
which were so urgent that he was unable to give prior notice to the lender
the latter obliges him to reimburse them.
Article 1772
If the item on loan has such defects that the person who uses it,
damage could be caused, the lender, if he is aware of these defects, and the user thereof
has not given notice, responsible for the consequences.

TITLE THIRTEENTH From consumption loan
FIRST SECTION General provisions
Article 1773
Lending is an agreement whereby one party grants to the other a certain amount of consumables
hands over goods, on condition that the latter gives it the same amount, of the same kind and quality,
return.
Article 1774
By virtue of this consumer loan, the person who receives on loan becomes entitled to the loaned good, and if
it, in whatever way, perishes, that loss is for his account.
Article 1775
The debt resulting from the loan of money consists only in the sum of money, which is expressed in the agreement.
Article 1776
[cancelled]
Article 1777
[cancelled]

SECTION 2 Of the obligations of the lender
Article 1778
The owler cannot reclaim the loan before the time stipulated in the agreement has expired.
Article 1779
When no time limit has been set, the court can, when the lender claims the return, depending on the
circumstances, allow the person who has received the good on loan some postponement.
Article 1780
If it is agreed that he who has received a loan will return it when he
will be able to do so, the judge will determine the time of restitution, depending on the circumstances.
Article 1781
The provision of article 1772 is applicable to a consumer loan.

SECTION THREE Of the obligations of the borrower
Article 1782
He who receives something on loan is obliged to return it in equal quantity and quality, and at the appointed time.
to give.
Article 1783
1.

If he finds himself unable to comply, he is bound by the value of the loan
to pay, taking into account the time and place at which the good,
should have been returned as a result of the agreement.

2.

If this time and place are not determined, the satisfaction must be according to the value which it is
borrowed good, at the time and at the place where the loan was made.

SECTION FOUR Of lending on interest
Article 1784
[cancelled]
Article 1785
[cancelled]
Article 1786
The amount of interest stipulated by agreement must be determined in writing.
Article 1787
If the lender has stipulated interest, without the amount thereof being determined, the person receiving the loan is
is obliged to pay the statutory interest rate.
Article 1788
Proof of the payment of the principal sum, being given without reservation of interest, pays the interest
presuppose, and the debtor is released from it.

FOURTEENTH TITLE Of Established or Perpetual Interest
Article 1789
Establishing a perpetual interest is an agreement in which the lender negotiates interest against payment
principal, which he assumes not to reclaim.
Article 1790
1.

This interest is by its nature redeemable.

2.

The parties can only agree that the repayment will not take place after a certain period of time,
which may not be held for more than ten years, or without prior notification to the creditor
have a certain term determined by them, which, however, may not be one year
exceed.

Article 1791
The debtor of a perpetual interest may be forced to repay:
1 °.

if he has paid nothing on the interest due for two consecutive years;

2 °.

if he fails to provide the lender with the security promised in the agreement;

3 °.

if he has been declared bankrupt.

Article 1792
In the first two cases, mentioned in the previous article, the debtor may withdraw from the obligation to repay
relieve, if he is within twenty days from the judicial reminder, all the time limits that have appeared
pays or provides the promised security.

FIFTEENTH TITLE Of Chance Agreements
FIRST SECTION General provision
Article 1793
1.

A match of chance is an act, the outcomes of which, with regard to benefit and harm, either
depend on an uncertain event for all parties, whether for any of them.

2.

Such are:
-

the insurance contract;

-

annuities;

-

game and bet;

agreements to settle a exchange rate or price difference.
3.

The first agreement is regulated by the Commercial Code of the Netherlands Antilles.

SECTION 2 Of the contract of annuities and its consequences
Article 1794
[cancelled]
Article 1795
Annuity may be established either on the body of the moneylender, or on the one who enjoys it,
whether on that of a third person, though he or she may not enjoy it.
Article 1796
This can be established on the body of one or more persons.
Article 1797
[cancelled]
Article 1798
[cancelled]
Article 1799
Annuity can be set up to such an amount as the parties agree to determine.
Article 1800
[cancelled]
Article 1801
If the debtor is in default with payment of the accrued annuity, the interest collector may demand that security
is stated about the interest to be paid.
Article 1802
[cancelled]
Article 1803
[cancelled]
Article 1804
1.

The person entitled to an annuity only has an acquired right to the annuity, in proportion to it
number of days, which the one has lived on whose body the interest is established.

2.

If, however, the agreement requires the interest to be paid in advance, the right to the
term that should have been paid, obtained from the day on which payment should have been made.

Article 1805
[cancelled]
Article 1806
The interest collector cannot claim the interest that has arisen except by showing the life of the person on whom the
annuity is established.

SECTION THREE Game and bets
Article 1807
The law does not allow any legal action in respect of a gambling or betting debt.
Article 1808
1.

However, the above provision does not include those games which are suitable for
exercise, such as fencing, foot racing and the like.

2.

Nevertheless, the judge can deny or reduce the claim if the sum appears to him to be excessive.

Article 1809
It is not possible to deviate in any way from the previous two articles.
Article 1810
Under no circumstances can he who voluntarily pay for what was lost can claim it back, except on the part of the one who
who has won, cheated, deceived or cheated.

SIXTEENTH TITLE to EIGHTEENTH TITLE
[articles 1811 to 1883]
[cancelled]

FOURTH BOOK [old]
[articles 1884 to 2012]
[cancelled]

GENERAL FINAL PROVISION
Article 2031
1.

The General terms of the national ordinance does not apply to the terms set in articles 253p,
first paragraph, 280, under b, 281, second paragraph, 377d, first paragraph, 383, fourth paragraph, 434, second paragraph, 435, seventh paragraph, 451,
fifth paragraph, and 452, seventh paragraph, of Books 1 and 252 of Book 3, as well as in Title 7, Section 4, of Book 7 and the
seventh title A of Book 7A.

2.

In this Code, generally recognized public holidays are understood to mean those referred to in Article 3 of the General
term national ordinance referred to as such and the terms equivalent thereto by or pursuant to that article
days.

