Tort law at Aruba (Netherlands)
Tort law in Aruba, while influenced by Dutch law due to its constitutional relationship with the Kingdom of the Netherlands, has its own Civil Code (Burgerlijk Wetboek van Aruba) that governs private law matters, including torts (onrechtmatige daad).
Key Points About Tort Law in Aruba:
Civil Code Basis:
Aruba's tort law is primarily codified in Book 6 of the Aruban Civil Code, which closely mirrors the Dutch Civil Code but contains some local adaptations.
General Tort Provision:
Article 6:162 of the Dutch Civil Code (and its Aruban counterpart) is central. It provides that:
A person who commits an unlawful act that can be imputed to them and causes damage to another, must compensate that damage.
Elements of Tort:
To establish liability, the following elements must typically be proven:
Unlawful act (e.g., violation of a statutory duty or infringement of rights)
Attribution (fault or risk accountability) to the tortfeasor
Damage suffered by the claimant
Causal link between the act and the damage
Types of Unlawful Acts:
Violation of statutory rules
Violation of rights (e.g., property, personal rights)
Acts contrary to what is socially acceptable (maatschappelijke betamelijkheid)
Fault and Strict Liability:
Most torts require fault (intent or negligence).
In some cases, strict liability may apply (e.g., liability of parents for minors, employers for employees under certain conditions).
Damages:
Both pecuniary (financial) and non-pecuniary (e.g., pain and suffering) damages may be awarded.
Case Law and Doctrine:
While Aruba’s courts may consider Dutch case law as persuasive, they are not strictly bound by it. However, in practice, Dutch legal principles strongly influence judicial reasoning in tort cases.
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