Summary The law has a peace keeping role in the society. The law keeps a balance between the general interest of the community and the individual rights of the citizens. The most important law in a democracy is the Constitution.
Sources of law are:
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Statute law: the Constitutions, Civil Code, Criminal Code, Ordinances and various Governmental regulations
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International law: treaties and protocols
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Case law (or judge-made- law)
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Customs
Program 2: Marriage
Summary
Marriage in the Netherlands Antilles is only allowed between one man and one woman. A marriage within the Netherlands Antilles is considered legal only if performed by an Officer of the Census Office.
The required age to marry in the
Netherlands Antilles is 18 years (exceptions are possible with parental consent, or permission from the judge or the Minister of Justice). Marriage is not permitted between immediate family members.
People wishing to get married are required to check with the Census Office for documents required to marry within the Netherlands Antilles.
Parties are obligated to live together and share in the costs of the household, unless agreed differently by mutual consent. If one of the parties do not cooperate, alimony and child support can be requested through the courts during the marriage.
The responsibility for agreements made pertaining to household goods by one spouse can under certain circumstances be excluded by the court upon the request of the other spouse.
Program 3: Marital Community, Prenuptial agreements and co-habitation.
Summary
Parties married in the Netherlands Antilles are automatically married in community of goods, if no notarized written agreement is made prior to the date of marriage. Goods owned by parties married in community of goods are mutually owned by the parties, and managed by the spouse that brought the item into the marriage. It is important to register goods, in particular real estate and shares in the name of both parties.
Spouses are each fully responsible for debts incurred by the other party. Prenuptial agreements are made before the marriage by notarial deed or during the marriage by judicial decree. A co-habitation agreement can be made informally between parties or by notarial deed and registered.
Couples living together over a period of time acquire certain rights towards the pension of the partner, as well as alimony in the event of a break up, similar to spouses after divorce.
Program 4: Characteristics of a Democracy
Summary
The Netherlands Antilles is a democracy. Characteristics of the democracy applied within our country are:
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a Parliament chosen by the people
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the country is governed by a Constitution to which government is also bound
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the Parliament elected by the people appoints the Executive branch of government.
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the citizens are protected by Human Rights.
A parliamentarian cannot be a Minister at the same time. On the local level, a member of the Island Council may also be a Commissioner in the Executive Council.
Human Rights are the most fundamental rights of the citizens in a community, they are laid down in our Constitution and in International Treaties. Knowing your rights is the main protection in a democracy against abuse and infringement on your fundamental rights.
