About Us
What we offer
The world has been based on trade for the past centuries, whether it is international trade or local trade. People are trading with each other all day long, face to face or virtually. With trade comes agreements. Agreements are based on contract law. It is therefore paramount to be able to draft lawful contracts that are binding. A contract that is not lawful is null and void. We can help draft lawful contracts but also help create lawful terms and conditions, that are a must, in the current world of doing business and years to come.
Our vision
Our services are based on extensive factual knowledge, experience and continue research to keep up with the every day changing world of doing business. The old guard is gone and we are together creating a new free world with new rules and new payment systems.
Our services are for
We focus on people doing business and/or living in Curacao, Bonaire and the Netherlands who want to maintain or grow generational wealth in a lawful way.
Shulaika Beatrix Delsol, LL.M.
Delsol Law, Paassen Delsol Tax Lawyers, Delsol Tax Lawyers, Digital Nomads Tax Advisors are trade names under which Shulaika Beatrix Delsol, LL.M. has been practicing tax law, corporate law, civil law, contract law and international law in Curaçao, Bonaire, and the Netherlands for the past 24 years.
Shulaika is a woman and mother, born and raised in Curaçao,
Shulaika obtained a master’s degree in law with specialization in taxation in 1994 from the University of Groningen in the Netherlands.
Shulaika started her career in 1994 working as Tax Inspector for the Tax and Customs Administration in Groningen and later as a Policy Officer at the Directorate of International Tax Affairs of the Ministry of Finance in The Hague and the Directorate of Taxes of the Netherlands Antilles in Curaçao.
As of 1998 Shulaika started to work in the private sector, first as Tax Lawyer with the Citco Group in Curaçao and later as Senior Manager Tax with Deloitte.
As of 2006 Shulaika is working full-time building the law firm that she established in 2001 in Curaçao.
Shulaika spends a lot of time reading, researching, fact-checking and interacting with people on topics that are of interest to meet the demands of a continuingly changing world and to keep ahead of competitors.
If the case requires it, Shulaika collaborates with other specialists, to offer quick and out-of-the-box lawful solutions.
Besides Papiamentu Shulaika communicates in English, Spanish and Dutch.
Understanding Law and the different systems of Law
What is Law?
Law can be described as customs, practices, and unwritten rules of conduct of a community that are recognized as binding for the community in order to maintain peace, liberty and rights.
LAW stands for Land Air Water. Each jurisdiction has its own set of rules.
Law of the Land or Natural law
Natural law is a system of right to be common to all humans and derived from nature rather than from the rules of society and is based on moral principles regarded as a basis for all human conduct. Starting point is substance over form and do no harm. It is the law of one. Under natural law there is no statute of limitation.
Historically, law of the land, notably appearing in the Magna Carta of 1215, where it was used to denote the established laws of the kingdom, distinguishing them from other forms of law such as Roman or civil law.
In contemporary contexts, “law of the land” often signifies the highest authority within a nation. For instance, in the United States, the Constitution is regarded as the “supreme law of the land,” meaning that all other laws and legal interpretations must align with its provisions.
Understanding the “law of the land” is crucial, as it embodies the fundamental framework that dictates the rights, duties, and obligations of individuals and institutions within a given jurisdiction.
Law of the Sea or Maritime law or Admiralty law
Maritime law or admiralty law or Law of the Sea is a legal system based on written codes, statutes, conventions and treaties that govern vessels, commerce and other nautical matters, occurring on open water.
It encompasses both domestic legislation and international agreements, regulating activities such as shipping, navigation, waters, insurance, and the relationships between private entities operating ocean-going vessels.
Historically, maritime law developed to address the unique challenges of maritime commerce, with roots tracing back to ancient Mediterranean practices around 900 B.C. Today, it covers a wide range of topics, including the registration, licensing, and inspection of ships; shipping contracts; marine insurance; and the carriage of goods and passengers.
In the United States, federal courts have jurisdiction over maritime law, which is primarily governed by federal statutes such as the Admiralty and Maritime Claims Jurisdiction Act of 1980. This legal framework ensures consistent application of laws across navigable waters, addressing issues like the operation of ships, the rights and obligations of sailors and passengers, and the liability of shipowners for incidents occurring at sea.
Internationally, maritime law plays a crucial role in facilitating global trade and ensuring the safe and efficient use of the world’s oceans and waterways.
Canon law
Canon law is legal system based on ordinances and regulations made by ecclesiastical authority governing a Christian organization or church and its members. It encompasses the internal legal system of certain Christian denominations, particularly the Roman Catholic Church, Eastern Orthodox Church, and the Anglican Communion.
In the Roman Catholic Church, canon law governs various aspects of church life, including doctrine, administration, and the conduct of clergy and lay members. The current governing code for the Latin or Western Church is the 1983 Code of Canon Law, which is a revision of the 1917 Code. For the Eastern Catholic Churches, the Code of Canons of the Eastern Churches, issued in 1990, serves as the legal framework.
Canon law addresses issues similar to those in secular legal systems, such as rights, property matters, procedural norms, administrative functions, personnel issues, crimes, and trials. Additionally, it covers areas unique to ecclesiastical contexts, including sacraments, sacred places, and magisterial teachings.
The term “canon” originates from the Greek word “kanon,” meaning a straight measuring rod or ruler, indicating a standard or norm.
Overall, canon law serves as the legal framework within which church authorities operate, ensuring order and discipline among members and guiding the church’s mission and activities.
Common Law
Common law is a legal system where judicial decisions are based on custom and precedent, rather than through legislative statutes or executive branch action. In this system, courts interpret and apply the law by considering previous rulings on similar cases, a principle known as stare decisis, which means “to stand by things decided.”
Originating in England during the Middle Ages, common law has been adopted and adapted by many countries, including the United States, Canada, Australia, and India. It is characterized by its reliance on detailed records of past court decisions to guide future judgments.
This approach allows the law to evolve over time, as courts interpret statutes and apply legal principles to new and complex situations. Unlike civil law systems, which are based on comprehensive legal codes, common law systems give significant weight to judicial interpretations and past decisions, making case law a central component of legal reasoning and outcomes.
Civil law
Civil law is a legal system originating from Roman law, characterized by comprehensive, codified statutes and laws that serve as the primary source of legal authority. Unlike common law systems, which prioritize judicial decisions and precedent, civil law systems rely heavily on written codes that explicitly outline legal principles and rules.
Key Features of Civil Law Systems:
1. Codification: Civil law systems are built upon detailed legal codes that cover various areas such as contracts, property, and family law. These codes are designed to be clear and accessible, providing a comprehensive framework for legal matters.
2. Role of Judges: Judges in civil law systems have a more limited role compared to their counterparts in common law systems. They primarily apply the statutes from the legal codes to individual cases without relying extensively on past judicial decisions.
3. Legal Education and Practice: Legal education in civil law countries emphasizes mastering the codes and statutes. Legal professionals are trained to interpret and apply these written laws systematically.
Global Prevalence:
Civil law is the most widespread legal system globally, practiced in approximately 150 countries. It is prevalent across continental Europe, Latin America, parts of Asia, and Africa.
Comparison with Common Law:
In contrast to civil law’s reliance on codified statutes, common law systems—such as those in the United States and the United Kingdom—place significant emphasis on judicial decisions and the doctrine of precedent. This means that past court rulings can influence future cases, allowing the law to evolve through judicial interpretation.
Understanding the distinctions between civil and common law systems is crucial for grasping how legal principles are applied and interpreted in different jurisdictions worldwide.
Curacao and the Netherlands are both civil law countries as is Bonaire, St. Maarten, Saba, St. Eustatius and Aruba.
Requirements for a lawful contract in Curacao
1. Mutual Agreement (Offer and Acceptance):
All parties involved must clearly agree to the terms of the contract. This mutual consent forms the foundation of a valid agreement.
2. Legal Capacity:
The individuals or entities entering the contract must possess the legal capacity to do so. This generally means they must be of legal age and sound mind.
3. Lawful Purpose:
The contract’s objectives and terms must comply with the law and public policy. Agreements that involve illegal activities or violate public order are unenforceable.
4. Consideration:
There should be an exchange of value between the parties, whether in the form of goods, services, money, or a promise to perform or refrain from certain actions.
5. Clarity and Definiteness:
The contract terms must be specific and clear enough to be enforceable. Ambiguities can lead to disputes and potential invalidation of the contract.
6. Adherence to Good Faith (Redelijkheid en Billijkheid):
Curaçao’s legal system emphasizes the principles of reasonableness and fairness in contractual relationships. Even if all formal requirements are met, enforcing a contract in a manner that violates these principles may be deemed unacceptable.
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