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Thread: couple in legal battle to keep dog they say was rescued in Aruba

  1. #81
    CK1
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    I'm passionate about this case as well and have many thoughts. Some of them I posted already in this thread, weeks ago.

    At the end, it all comes down for me to one thing: What is best for the dog!

    I hope and pray that Coco is allowed to stay with Dan and Lisa O'Connell.

  2. #82
    Senior Member rob o's Avatar
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    So....here's a question for those who think they know Aruban law......what constitutes ownership? Has proof of ownership been presented and confirmed? What constitutes abandonment? Is ownership in perpetuity, or does abandonment terminate ownership?

    From my perspective, the dog was abandoned and, thus, there was no owner at the time Lisa cared for it.
    Please contact via e-mail at arubarennowner@gmail.com



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    Senior Member WaltVB's Avatar
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    Here's a link to some basics concerning ownership from Aruba Daily a couple of years ago:

    http://aruba-daily.com/newspaper/new...mal-advocates/

    From what I read, the owner was in violation of several laws...

  4. #84
    Senior Member rob o's Avatar
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    Quote Originally Posted by WaltVB View Post
    Here's a link to some basics concerning ownership from Aruba Daily a couple of years ago:

    http://aruba-daily.com/newspaper/new...mal-advocates/

    From what I read, the owner was in violation of several laws...
    Walt.....this information is a "slam dunk" favoring the adopter. From what I read in this article the so-called "owner" was in violation of numerous criteria, first by letting her dog roam around...then many other violations.

    No wonder why she appealed to the US court....under Aruba law (presuming this article is correct) she had no claim to ownership....the dog was abandoned.

    The so-called "owner" must be shameless. Otherwise she never would "exposed" herself publicly to attract attention.
    Last edited by rob o; 08-02-2015 at 10:49 AM.
    Please contact via e-mail at arubarennowner@gmail.com



  5. #85
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    Quote Originally Posted by WaltVB View Post
    Here's a link to some basics concerning ownership from Aruba Daily a couple of years ago:

    http://aruba-daily.com/newspaper/new...mal-advocates/

    From what I read, the owner was in violation of several laws...
    This is an excellent article! I didn't know about those laws which were in place since December 2012!

    Thanks for sharing!

    Excerpt:

    Best of all, the Minister responsible for matters of public health, has the power to implement the law. And the law specifically says that dogs cannot have free access to public highways or other people’s property, and that dogs must be fenced in, in their owner’s yard. Owners cannot allow their dogs to roam the street, they have to be kept in, so they do not become a nuisance to neighbors.

    The law implies that the practice of having an owned-stray in now a legal offense: A dog is either owned and taken good care of, or he is a stray, and available for adoption by other people.

    - See more at: http://aruba-daily.com/newspaper/new....KKfZv5g7.dpuf
    Last edited by CK1; 08-02-2015 at 12:54 PM.

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    Senior Member Pegmeister's Avatar
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    I'm sure if they brought the dog into court and let her choose she would run to her adoptive family!

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    Senior Member WaltVB's Avatar
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    Quote Originally Posted by rob o View Post
    Walt.....this information is a "slam dunk" favoring the adopter. From what I read in this article the so-called "owner" was in violation of numerous criteria, first by letting her dog roam around...then many other violations.

    No wonder why she appealed to the US court....under Aruba law (presuming this article is correct) she had no claim to ownership....the dog was abandoned.

    The so-called "owner" must be shameless. Otherwise she never would "exposed" herself publicly to attract attention.
    I agree, IMO the owner has "over-exposed" herself to the public.

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    Well, I hope the couple's lawyer brought that to the attention of the judge. Because if according to Aruba law she abandoned the dog, and she is the plaintiff who has the burden of proving her case. The couple has no burden. So if according to the law she abandoned the dog, then it's not her dog. End of story.

  9. #89
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    well................the new dog law was voted on and passed unanimously in Dec 2012
    but, from my understanding did not go into effect til Jan 1, 2015

    there was a discussion on a FB page and this link was provided
    http://www.plataformaleydicacho.org

  10. #90
    CK1
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    There is another article dated March 5, 2013:

    NEW DOG LAW IS WELCOME BY ANIMAL ADVOCATES

    Posted by Aruba Daily on March 5th, 2013



    Oranjestad -
    A recent official bulletin announced to the public that a National Ordinance passed on December 27th, 2012 in the local parliament which laid down rules of dog ownership on the island. The Dog Regulations as set by the Minister of Justice and Education, A. L. Dowers, in the name of the Queen states that pet owners have to care for their dog, by providing food, water, shelter, protection and medical care.

    - See more at: http://aruba-daily.com/newspaper/new-dog-law-is-welcome-by-animal-advocates/#sthash.qcHvCS6m.dpuf


    National ordinances (laws)

    A law is called a national ordinance in Aruba. A national ordinance is a decree that contains generally binding regulations, taken jointly by the government and Parliament, by a procedure as described in the Constitution of Aruba. National ordinances are sources of law, yet they are not the only system where rules of law are found. National decrees, encompassing general measures and ministerial regulations contain generally binding regulations as well. In addition, there are international treaties or decrees of international organizations (e.g. the European Union), which generally may include binding regulations. Traditions and verdicts of legal entities (jurisprudence) are also sources of law. Furthermore, issues such as principles of equality and general principles of good governance also play a key role.

    http://www.overheid.aw/governance-ad...ces-laws_3901/
    Last edited by CK1; 08-03-2015 at 12:37 AM.

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