Civil Laws at Dominican Republic

The Dominican Republic's civil law system is primarily influenced by the French Civil Code of 1804, with adaptations to suit the nation's legal and social context. The legal framework encompasses various codes and laws governing civil and commercial matters.

📜 Civil Code

The Civil Code of the Dominican Republic serves as the foundational legal document for private law, encompassing areas such as

-Personal Status* -Contracts -**Property -Family Law* -Inheritance* This code is modelled after the French Civil Code and has been subject to various amendments to address contemporary legal challenges

⚖️ Civil Procedure Code

The Code of Civil Procedure outlines the procedures for civil litigation, including the filing of lawsuits, evidence presentation, and judgments Notable features include

Adversarial System: Parties present their cases, and the judge ensures a fair process

Written Proceedings: The process is predominantly written, with mandatory evidence presentation occurring only under specific court orders

Appeals Process: Litigation is divided into ordinary jurisdiction (trial and appellate courts) and extraordinary jurisdiction (Supreme Court of Justice), which reviews legal application rather than facts 

🏛️ Judicial Structure

The judiciary comprise:

Peace Judges Handle minor civil disputes and preliminary matter.

First Instance Courts Address substantive civil and commercial case.

Courts of Appeal Review decisions from lower court.

Supreme Court of Justice The highest court, focusing on legal interpretation and application.

🔄 Recent Amendment

Recent legislative changes have modernized civil procedure:

**Law No. 845 (1978)*: Introduced reforms to enhance procedural efficiency.

**Law No. 834 (2004)*: Repealed and modified certain provisions to streamline processes 

**Law No. 489-08 (2008)*: Amended the Code to incorporate commercial arbitration provisions 

🌐 International Instruments

The Dominican Republic is a signatory to various international treaties affecting civil law, including:

Hague Convention on the Civil Aspects of International Child Abduction

*New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

These agreements influence the enforcement of foreign judgments and arbitration awards within the country.

 

 

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