THE ENFORCEMENT OF A JUDGEMENT BY THE COURTS IN CURACAO

Judgments are immediately enforceable most of the time

According to Article 55, par. 1 of the Curacao Code of Civil Procedure, opposition (in the case of a default judgment) or appeal (in the event of adversarial proceedings) prevent the enforcement (execution) of a judgment unless the decision is ‘enforceable notwithstanding opposition or appeal’ a.k.a. a judgment which is declared ‘immediately enforceable’ (‘uitvoerbaar bij voorraad is verklaard’).

The submission of an appeal results, therefore, in a stay of execution, unless the first-instance court, on a motion by one of the parties, has declared its judgment enforceable even if it is challenged in a manner which would otherwise result in a stay of execution.

As far as ordinary recourse is concerned, the Judgment will be final and binding if no ordinary legal remedy is available, i.e., (i) when the period for instituting appeal proceedings has expired without an appeal being filed, or (ii) in the case of appeal proceedings have been instituted properly and in time, when the Judgment is upheld by the Joint Court of Appeal and the period for instituting cassation proceedings with the Supreme Court has expired and no cassation has been filed, or (iii) if cassation proceedings have been instituted properly and in time, when the Judgment is upheld by the Supreme Court.

Karel Frielink
Attorney (Lawyer) / Partner

Karel's Legal Blog

1 October 2011

 

Curacao Immigration card goes fully digital

WILLEMSTAD – The Curaçao Tourist Board (CTB) is collaborating with the Government of Curaçao and Curaçao International Airport to switch fully to an online immigration card in a continuing effort to simplify travel to Curaçao.

Motion to transfer management law enforcement to The Hague

THE HAGUE–Separating management of and authority for of law enforcement in St. Maarten, and seeing if the Netherlands could take over this task for a period of five years to strengthen this sector, was the essence of a motion filed by Member of the Second Chamber of the Dutch Parliament Chris van Dam of the Christian Democratic Party CDA during the handling of the draft 2020 budget for Kingdom Relations in the Second Chamber last week Thursday.

Balie vestiging CuraƧao weer normaal geopend

WILLEMSTAD - De balie (Front Office) van de vestiging Curaçao van het Hof van Justitie is vandaag weer op de normale tijden bereikbaar. De administratie afdeling (Back Office) is vanaf 13:00 uur weer beschikbaar.