Friday, April 27, 2007
Guapa is ideally a website full of information, so you shouldn't need extra legal help. But we can't reproduce all information for each specific case. Each case need individual attention.
As such I try to answer direct questionson fora like the immensely useful expatica. I like expatica. It is a valuable resource for many expats in The Netherlands. In this fora - if not too personal - we are able to submit legal answers in individual cases.
Currently we have a new member on our team of Guapa Legal: ms. I. Trifunovska. She is Dutch, but as you can see from her name she has her roots in Macedonia. Her background is Dutch civil law, has experience in various fields such as civil law and international law. She will be occupied in answering as many questions as she can on the Expatica board. Treat her friendly and she will be willing to provide you useful information.
Hope you meet her soon.
David
As such I try to answer direct questionson fora like the immensely useful expatica. I like expatica. It is a valuable resource for many expats in The Netherlands. In this fora - if not too personal - we are able to submit legal answers in individual cases.
Currently we have a new member on our team of Guapa Legal: ms. I. Trifunovska. She is Dutch, but as you can see from her name she has her roots in Macedonia. Her background is Dutch civil law, has experience in various fields such as civil law and international law. She will be occupied in answering as many questions as she can on the Expatica board. Treat her friendly and she will be willing to provide you useful information.
Hope you meet her soon.
David
Sunday, February 18, 2007
First of all Happy New Year 2007! I celebrated New Year this year in Bangkok Thailand. I wished a few years ago to celebrate New Year every year somewhere else in the world, and my wish is working out very well.
It wasn't that easy however this year. The plan was to catch a plane from Dusseldorf to Teheran and then to Bangkok. It was the cheapest flight with Mahan Air: an airline company which personally I've never heard of, but received good criticism in several forums on the internet.
I've had some cases being a legal adviser for clients whose flight delayed or cancelled, but I've never thought this could happen to me as well. This time no airplane could take-off from Teheran because of a snow-storm. As this airliner isn't that big, the flight was cancelled. In two days there might be a new possibility for me to fly.
As I didn't want to lose two days (and maybe more) I asked what other opportunities their were. The Mahan Aircrew told me as the whole issue wasn't their fault (force majeur) they didn't want to book a hotel, nor arrange any other solution. I've managed to book a new flight for the following day and to get my money back from the Mahan Airliner. However an Airline company has to offer hotel accomodation and more according to new EU regulations. Fortunately I didn't get into any more problems but my fellow passengers (sometimes coming from more than 500 kilometres from the airfield) had to travel back. I don't know if they have found a new flight as I did... For damage claims, I'd be more than happy to assist.
David
It wasn't that easy however this year. The plan was to catch a plane from Dusseldorf to Teheran and then to Bangkok. It was the cheapest flight with Mahan Air: an airline company which personally I've never heard of, but received good criticism in several forums on the internet.
I've had some cases being a legal adviser for clients whose flight delayed or cancelled, but I've never thought this could happen to me as well. This time no airplane could take-off from Teheran because of a snow-storm. As this airliner isn't that big, the flight was cancelled. In two days there might be a new possibility for me to fly.
As I didn't want to lose two days (and maybe more) I asked what other opportunities their were. The Mahan Aircrew told me as the whole issue wasn't their fault (force majeur) they didn't want to book a hotel, nor arrange any other solution. I've managed to book a new flight for the following day and to get my money back from the Mahan Airliner. However an Airline company has to offer hotel accomodation and more according to new EU regulations. Fortunately I didn't get into any more problems but my fellow passengers (sometimes coming from more than 500 kilometres from the airfield) had to travel back. I don't know if they have found a new flight as I did... For damage claims, I'd be more than happy to assist.
David
Friday, September 15, 2006
Married!
I'm married! On the second of September me and my wife (I have to get used with that word, I find myself still saying girlfriend) got married in Certaldo Italy. Apart from registering in the Netherlands (and proving it wasn't a "fake" marriage by the Aliens Act) I am married by Dutch law.
My marriage was quite smoothly going, but - as I read today in a magazine - not for everybody: here are two short cases about marriages.
The happiest day can have for some an unhappy ending. So as the bride whose top of her bridal dress fell apart after wearing it just 1,5 hours on the wedding day. The costs were 1400 euro. The complaint commission of textile awarded 725 euro of damage compensation.
An even more unhappier ending was for a different bride. The supposed groom went on a day before the wedding day with another girl and left the bride all alone by herself. As it takes two to tango, she found herself with a bridal dress which was never worn. She decided not to pay for the 1239 euro dress! Alas the producer of the dress won this case and she had to pay 1239 plus trial costs (538 euro).
So watch out... marriage is not easy apparantly. Till next time!
David
I'm married! On the second of September me and my wife (I have to get used with that word, I find myself still saying girlfriend) got married in Certaldo Italy. Apart from registering in the Netherlands (and proving it wasn't a "fake" marriage by the Aliens Act) I am married by Dutch law.
My marriage was quite smoothly going, but - as I read today in a magazine - not for everybody: here are two short cases about marriages.
The happiest day can have for some an unhappy ending. So as the bride whose top of her bridal dress fell apart after wearing it just 1,5 hours on the wedding day. The costs were 1400 euro. The complaint commission of textile awarded 725 euro of damage compensation.
An even more unhappier ending was for a different bride. The supposed groom went on a day before the wedding day with another girl and left the bride all alone by herself. As it takes two to tango, she found herself with a bridal dress which was never worn. She decided not to pay for the 1239 euro dress! Alas the producer of the dress won this case and she had to pay 1239 plus trial costs (538 euro).
So watch out... marriage is not easy apparantly. Till next time!
David
Monday, July 03, 2006
Probably everybody heard of it: the Dutch government is at its breakdown. The matter regarding Ayaan Hirshi Ali was the argument for D66 party to quit the coalition. What happened is astonishing.
Hirshi Ali is a member of the parliament for some time. Before her political career, she lived in Somalia and -due to the circumstances in that country- she sought asylum in The Netherlands. For a couple of reasons she lied about her name. The real name wasn't Hirschi Ali. Apparently she used her grandfathers name. After 5 years she requested for Dutch nationality. Again she used her "newly" adopted name in her application for naturalisation. Hirschi Ali afterwards became Dutch.
It was commonly known that Hirschi Ali lied about her name. In various interviews and in her book she mentioned this. Her last interview at "Nova", triggered Minister Verdonk of the IND to review the citizenship of Hirschi Ali. Verdonk revoked the Dutch citizenship suddenly due to the fact that she lied about her name.
Because Verdonk reacted this suddenly, the other parties stated that Verdonk should revoke her decision. Verdonk did give her back the Dutch nationality, but requested Hirschi Ali to make a apologetic statement.
All immigrants who - for some reason or another - lie about their name or any other circumstances should get the same treatment. They should be granted Dutch nationality even if they lied: as this would be equal treatment. But, Verdonk is not the most fair player and I don't expect this kind of a favorable ruling in the future.
Hirshi Ali is a member of the parliament for some time. Before her political career, she lived in Somalia and -due to the circumstances in that country- she sought asylum in The Netherlands. For a couple of reasons she lied about her name. The real name wasn't Hirschi Ali. Apparently she used her grandfathers name. After 5 years she requested for Dutch nationality. Again she used her "newly" adopted name in her application for naturalisation. Hirschi Ali afterwards became Dutch.
It was commonly known that Hirschi Ali lied about her name. In various interviews and in her book she mentioned this. Her last interview at "Nova", triggered Minister Verdonk of the IND to review the citizenship of Hirschi Ali. Verdonk revoked the Dutch citizenship suddenly due to the fact that she lied about her name.
Because Verdonk reacted this suddenly, the other parties stated that Verdonk should revoke her decision. Verdonk did give her back the Dutch nationality, but requested Hirschi Ali to make a apologetic statement.
All immigrants who - for some reason or another - lie about their name or any other circumstances should get the same treatment. They should be granted Dutch nationality even if they lied: as this would be equal treatment. But, Verdonk is not the most fair player and I don't expect this kind of a favorable ruling in the future.
Tuesday, June 20, 2006
Today I delivered all my papers for my marriage to the municipal authorities in Italy. I am going to marry in Italy with my Japanese wife. I have some Italian family who offered to use their wine-yard to have the wedding party there.
I could have expected that there was a lot of paperwork involved. I am a legal adviser, but to actually advice yourself is much harder than to advice somebody else I noticed. I tell my clients to obtain a birth certificate in their country of origin for their application for their residence permit. But I barely realise how frustrating that can be. You actually have to go to e.g. India, to that small town where you were born, get a copy, get the necessary stamps and translations, travel back and then hopefully everything will be smoothly accepted.
This time I was on the client´s side. I needed a birth certificate and an extract which shows my civil status. So I wrote a request to Apeldoorn (where I am born) and requested Rotterdam (where I live) to proof my unmarried status. Then I need my Japanese girlfriend to travel to Tokyo to get the same documents.
All this stuff has to be send to the Dutch Ministry of Foreign Affairs who will send it to the Italian Embassy in The Hague who on its turn send it to Italy to the municipality. It was a long way to get it done.
Now I really know how it feels to be on the other side, my client´s side. To go through the bureacracy, the waiting and hoping for a positive result. I know now it can cause a lot of stress. I hope though that my advice for Guapa´s clients is practical and can calm my client´s stress.
Well, I am off to see my stressed out Japanese girlfriend. She needs to choose a wedding dress… still. I have to give my opinion, but I shouldn´t see the actual dress.. quite difficult.
Warm regards,
David
I could have expected that there was a lot of paperwork involved. I am a legal adviser, but to actually advice yourself is much harder than to advice somebody else I noticed. I tell my clients to obtain a birth certificate in their country of origin for their application for their residence permit. But I barely realise how frustrating that can be. You actually have to go to e.g. India, to that small town where you were born, get a copy, get the necessary stamps and translations, travel back and then hopefully everything will be smoothly accepted.
This time I was on the client´s side. I needed a birth certificate and an extract which shows my civil status. So I wrote a request to Apeldoorn (where I am born) and requested Rotterdam (where I live) to proof my unmarried status. Then I need my Japanese girlfriend to travel to Tokyo to get the same documents.
All this stuff has to be send to the Dutch Ministry of Foreign Affairs who will send it to the Italian Embassy in The Hague who on its turn send it to Italy to the municipality. It was a long way to get it done.
Now I really know how it feels to be on the other side, my client´s side. To go through the bureacracy, the waiting and hoping for a positive result. I know now it can cause a lot of stress. I hope though that my advice for Guapa´s clients is practical and can calm my client´s stress.
Well, I am off to see my stressed out Japanese girlfriend. She needs to choose a wedding dress… still. I have to give my opinion, but I shouldn´t see the actual dress.. quite difficult.
Warm regards,
David
Wednesday, March 15, 2006
It has been a long time since my last post. Mostly due to the fact that I am planning my wedding. We will be marrying in September this year. I will be marrying with my Japanese girlfriend in Italy. The mix of different legislative regimes – wedding by Italian law, with a Japanese residing in The Netherlands - provides me enough work for the rest of the year. Though last week the wedding preparations in the beautiful Tuscany (Florence) is going quite well. The Tuscan wine and food making me appreciate the country of Italy and its residents.
Thursday, November 10, 2005
Several days ago a case came by at the office. It wasn't our case, but it was an interesting case from a friend. What happened was the following.
My friend got a fine from the police after he parked on a place where it was illegal to park. The yellow line on the curbstone showed that it wasn't allowed to park your car there. Though my friend didn't agree with the fine he got from the police.
My friend lives in a appartment and always parks his car very close to the flat. The owner of the apartment doesn't want him parking next to the building. He prefers that he parks in the garage which is underneath the apartment. But, as my friend is quite stubborn, he takes no notice to the request of the owner of the building.
Tuesday morning my friend sees the owner of the apartment drawing a yellow line on the curbstones, exactly at the place where my friend normally parks the car. Aware that the traffic signs (the yellow line) has been created by the owner of the flat, my friend decides to park anyhow on his usual parking spot. In the evening he sees that the police has fined him for parking illegally.
Reading the traffic regulations, one should obey the traffic signs. But what if the traffic sign has been created by a appartment owner instead by government officials. The court ruled that traffic signs - albeit - illegally made, should be obeyed! This might be seen as unfair, but there is some logic in this: if one can not trust the traffic signs whether they are made by the government or somebody else, complete chaos will start.
My point is: law is not aimed to be fair or just: it is only regulating behaviours between people. No more, no less.
My friend got a fine from the police after he parked on a place where it was illegal to park. The yellow line on the curbstone showed that it wasn't allowed to park your car there. Though my friend didn't agree with the fine he got from the police.
My friend lives in a appartment and always parks his car very close to the flat. The owner of the apartment doesn't want him parking next to the building. He prefers that he parks in the garage which is underneath the apartment. But, as my friend is quite stubborn, he takes no notice to the request of the owner of the building.
Tuesday morning my friend sees the owner of the apartment drawing a yellow line on the curbstones, exactly at the place where my friend normally parks the car. Aware that the traffic signs (the yellow line) has been created by the owner of the flat, my friend decides to park anyhow on his usual parking spot. In the evening he sees that the police has fined him for parking illegally.
Reading the traffic regulations, one should obey the traffic signs. But what if the traffic sign has been created by a appartment owner instead by government officials. The court ruled that traffic signs - albeit - illegally made, should be obeyed! This might be seen as unfair, but there is some logic in this: if one can not trust the traffic signs whether they are made by the government or somebody else, complete chaos will start.
My point is: law is not aimed to be fair or just: it is only regulating behaviours between people. No more, no less.
