Tort law at Bonaire (Netherlands)
Bonaire, as a special municipality of the Netherlands, adheres to a civil law system rooted in Dutch legal principles. The primary source of tort law is the Civil Code of the Netherlands Antilles, which remains applicable following the dissolution of the Netherlands Antilles in 2010. Over time, this code is being gradually replaced by Dutch legislation tailored for the BES islands (Bonaire, Sint Eustatius, and Saba) .
⚖️ Tort Law Framework in Bonaire
Under the Civil Code, tort law is primarily governed by Section 6:162, which outlines the conditions for liability arising from unlawful acts:
Unlawful Act: The defendant must have committed an act that is unlawful.
Attribution: The act must be attributable to the defendant, either due to fault, statutory duty, or generally accepted principles.
Damage: The plaintiff must have suffered actual damage.
Causation: There must be a direct link between the unlawful act and the damage suffered.
Additionally, Section 6:163 introduces the "requirement of relativity," stating that there is no obligation to repair damage if the violated norm does not aim to protect against the type of damage suffered by the victim .
🛡️ Specific Liability Provisions
Parental Liability: Section 6:169 holds parents liable for damage caused by their children under fourteen years of age.
Employer Liability: Section 6:170 stipulates that employers are liable for damage caused by their employees during the course of employment .
Strict Liability: Section 6:175 imposes strict liability for damages resulting from inherently dangerous activities or substances .
🏛️ Judicial System
The Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius, and Saba serves as the court of first instance and appeal for civil cases in Bonaire. Appeals can be made to the Supreme Court of the Netherlands in The Hague .
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