Modernization Aruba Civil Code

October 06, 2009 5:58 AM

On September 21, 2008 the Government appointed a Commission that advises on modernization of the Aruba Civil Code presented its findings to the minister of Justice of Aruba.

The Commission proposes a.o. the following:

a) Parents get the opportunity at the birth of their first child to opt for the name of the father, the name of the mother, the name of the father followed by the name of the mother, or the name of the mother followed by the name of the father. A dispute on this point can be brought before the Court of First Instance at the request of both or either of them;

b) Inheritances and donations no longer fall under the marital community;

c) The judicial establishment of paternity is regulated. On July 16, 2009, for that matter, the Common Court of Justice already pronounced a judicial establishment of paternity in an Aruban case based on the Human Rights Conventions. In that case of judicial establishment of paternity the father was alive; if the father has already died, the Court of Justice refuses the judicial establishment of paternity because the legislator has to solve the then arising issues under inheritance law, as in most cases the inheritance has already been settled (a long time ago);

d) The statutory share in the estate of the children (the statutory share) is cancelled, but this is accompanied by claims for care of the surviving spouse and the children up to 25 years of age;

e) As a starting point the parental authority existing during the marriage is also maintained after dissolution of the marriage;

f) A regulation is proposed to see to it that estates that have remained undivided for a long time can be divided as yet;

g) In case of purchase of a house, a reconsideration period of three days applies, in which the buyer has the right to dissolve the purchase agreement after concluding the purchase agreement without consequences;

h) There will be a regulation for creating a trust based on which it will be possible to separate capital to safeguard it for a certain purpose, for instance the study expenses of a child;

i) In case of lease of a dwelling for which the rent assessment committee can fix a maximum price, the value of the dwelling is no longer determined in accordance with historic cost price, but market value;

j) A provision has been made that an employment contract can be terminated by operation of law on account of reaching a reasonable retirement age.

Jeannot de Cuba, Aruba partner of VanEps Kunneman VanDoorne, was a member of the Commission on behalf of the Aruba Bar Association.

(Source: www.ekvandoorne.com)

October, 2009