Essential Difference Between Surinamese And Dutch Property Law Dagblad Suriname

The article that follows is a modified version of the laudatio (eulogy) that I delivered on January 18, 2023, to mark the occasion of the AdekUS conferring an honorary doctorate upon Mr. AJ Saheblal. Mr. Dot Dr. is extremely knowledgeable.

Saheblal/Dear Uncle André, As the honorary promoter that the Anton de Kom University of Suriname has bestowed upon me, the time has come to speak to you and through you to all of the guests present here. Your speech, The Domestic Law and the Legal Restraint Thereof, serves as an illustration of a study on the intersection of public and private law.

One of the most significant fundamental human rights is the right to one's own home, which is protected by Article 17 of the Constitution. Every citizen should be able to feel secure and unencumbered in their own homes, which serve as fortresses where they should feel safe.

However, this time around, it is clear that the public interest may be used as justification for restricting this right. A formal definition of how privacy may be violated must be spelled out in law.

The right of the bankruptcy receiver, under certain conditions, to enter the bankrupt's home against the bankrupt's will is a surprising angle that you have also raised from private law (bankruptcy law). I won't delve any deeper into the duties of the bankruptcy trustee, but I'll take this chance to make a statement that will come as a surprise to many: Suriname doesn't see many bankruptcies.

For a democratic country, this is an odd phenomenon. In the majority of nations, e.

g. In the Netherlands, where our legal system has its origins, declaring bankruptcy is commonplace.

When I tell people how infrequently bankruptcies occur in Surinamese legal practice, they are often surprised. Why bankruptcy law has not developed in Suriname would be an interesting question to research.

I take note of the fact that, in my opinion, the area of property law, specifically the law pertaining to immovable property, is where you have made the most impact on Surinamese law. Mr. M., a legal scholar from the Netherlands and expert in Surinamese business law.

Verbruggen has noted that Dutch law and Surinamese business law are fundamentally dissimilar from one another. A number of different starting points were used, some of which date back to the colonial era before Dutch civil law was adopted.

The Land Reform Act of 1982 is the most significant of the individual laws that regulate Surinamese business law; these other laws are in addition to those found in the Civil Code. Full ownership has never been the cornerstone of Suriname's real estate law, in contrast to the Netherlands.

This is due to the fact that the colonizers' goal in settling in Suriname was to exploit its resources for economic gain, and as a result, Suriname's land laws were established based on cultural obligations. In addition, if this obligation was not carried out within a specific timeframe, the cancellation for the benefit of the government also applied.

With full ownership, there are no cultural responsibilities. In theory, the landowner is free to use his property however he pleases, including abandoning all agricultural and construction endeavors on it.

Because of this, Suriname needed to have a unique type of property right so that the cultural obligation could be made mandatory. Both allodial property and hereditary property are terms used to describe this property right.

Along with allodial and hereditary property, many lands have also been granted under lengthy leases that were codified in 1869, the year that Dutch Civil Law was introduced in our nation. The so-called BW leasehold has remained in place, but after the land reform legislation of 1982, leasehold as defined by the Agrarische Wet (1937) was no longer granted.

Existing (agricultural) leasehold rights will be upheld until they run out, at which point they can be replaced (converted) into land rent. Your book "De Settlement of Unmanaged Estates in Suriname," which was published by the University of Amsterdam in May 1999 and has the subtitle "The government taking back unmanaged and abandoned lands in the bosom of the domain," is in my opinion your most significant work.

You have provided a number of options for bringing unmanaged bequests and abandoned lands back into the domain's heart in this study. Your publication has been gratefully used by many people.

It's unfortunate to say that it doesn't seem like the Surinamese government has given it much thought. If that had been the case, the estate issue would have been at least partially resolved.

In this context, I quote profusely from the following praise of my honorary supervisor, Prof. On the occasion of bestowing upon me the honorary doctorate on October 4, 2019, AR Caram stated: "My greater than usual interest in land policy stems from my conviction that the ground and everything on it and beneath it, forms the most potent pillar on which Suriname's potential wealth rests.

This pillar must serve as the foundation for much of our prosperity and alleviation of poverty. This suggests that, contrary to what some have claimed, we should not concentrate primarily on the import substitution industry, but rather on the industry that generates exports (given the small size of the domestic market).

We won't be able to significantly boost production volume or create the crucial economies of scale until after that. For macroeconomic policy, land policy ought to serve as the engine.

"There is no doubt that the knowledge you have shared as a lecturer and publicist, not only at the university but also at various other educational institutions, is one of your special contributions. Furthermore, both in Suriname and the Netherlands, you have assisted a large number of students with the writing of theses and other academic papers.

In this regard, I would like to draw special attention to the fact that you are likely the only Surinamese attorney to have taught a course on Surinamese-Dutch law at what is now the University of Friendship of Nations in Moscow, formerly known as the Patrice Lumumba University. That you have been granted the honorary doctor title in this incarnation and that I have been able to serve as your honorary supervisor makes me happy.

Dr. Dotdr., most learned doctor honoris causa, once again, my congratulations. As a special contribution in this regard, I mention that you are probably the only Surinamese lawyer who has taught a course in Surinamese-Dutch law at the former Patrice Lumumba University in Moscow, now the University of the Friendship of Nations. André Jainundun Saheblal, and I hope you enjoy this honorary title for a long time to come.

That you have been granted the honorary doctor title in this incarnation and that I have been able to serve as your honorary supervisor makes me happy. Dr. Dotdr., most learned doctor honoris causa, once again, my congratulations.

As a special contribution in this regard, I mention that you are probably the only Surinamese lawyer who has taught a course in Surinamese-Dutch law at the former Patrice Lumumba University in Moscow, now the University of the Friendship of Nations. André Jainundun Saheblal, and I hope you enjoy this honorary title for a long time to come. That you have been granted the honorary doctor title in this incarnation and that I have been given the opportunity to serve as your honorary promoter makes me happy.

Dr. Dotdr., most learned doctor honoris causa, once again, my congratulations. I congratulate you once more, most learned doctor honoris causa, mr.dr. André Jainundun Saheblal, and I hope you will enjoy this honorary title for a very long time.

I congratulate you once more, most learned doctor honoris causa, mr.dr. André Jainundun Saheblal, and I hope you will enjoy this honorary title for a very long time. I hope you'll continue to take pleasure in this honorary title, André Jainundun Saheblal!.

In this regard, I would like to draw special attention to the fact that you are likely the only Surinamese attorney to have taught a course on Surinamese-Dutch law at what is now the University of Friendship of Nations in Moscow, formerly known as the Patrice Lumumba University.