: 
UPDATE: Guide to Legal
Research in the Dominican Republic
By
Marisol Florén-Romero
Marisol Florén-Romero
currently works as the International and Foreign Reference Librarian at Florida
International University (FIU), College of Law Library.
Published July
2009
See the Archive Version!
Table of
Contents
Treaties and International Agreements
Legal Bookstores and Book dealers
Discovered
by Christopher Columbus in 1492, the island of Hispaniola was colonized by
Spain until 1795. In 1607 France
began to advance on the western side of Hispaniola by taking over large
portions of land and converting them into agricultural developments, raising
cattle, and stimulating an economy of French commercial goods [1].
The
French colony which flourished on the western side of the island was officially
recognized by Spain in 1697 under the Treaty of Ryswick dividing the island
into two distinctive cultures -- the French on the western side of the island
and the Spanish on the eastern[2]. In 1795 when,
pursuant to the Treaty of Basle, Spain ceded to France the eastern side of the
island, giving to France control over the entire island of Hispaniola[3].
From
1795 to 1844 the Dominican Republic was governed successively by France, Haiti,
Spain and then Haiti again, until it finally declared its independence on
February 27, 1844. The first National Constitution was signed, on October 22,
1844. Unable to control the
country effectively, the then governing authorities ceded the country back to
Spain in 1861. Two years later, on August 16, 1865, independence was restored
and a Second Republic proclaimed. Thereafter the new republic was subjected to
a long power struggle between those who wanted to remain independent (The
Blues) and those who supported the annexation of the country to France, Spain
or the United States (The Reds)[4]. The consequences of
these conflicts led alternately to dictatorship (Ulises Heureux, 1882 - 1899),
anarchy (1899 - 1916), occupation of the territory by the United States
military forces (1916 - 1924), dictatorship (Rafael L. Trujillo, 1930 -1961)
and finally democracy (1966 to present).
The Constitution defines the system of government
of the Dominican Republic as being civilian, republican, democratic and
representative. The powers of the government are divided into three independent
branches: executive, legislative, and judicial.
Executive power is exercised by the President of the Republic who
is elected with the Vice-President by direct vote for a four-year term. The
President and Vice-President may be re-elected for one additional period, as
provided by the last amendment made to the Constitution in 2002[5]. The
President of the Republic is the head of state, Head of the Public
Administrative agencies, and also the Commander in Chief of the Armed Forces.
He appoints the cabinet of 21 ministers, denominated Secretaries of State
(Secretarios de Estado), who assist him in his function.
The President promulgates and publishes laws and resolutions
passed by Congress, and he has the constitutional authority under Article 55,
section 2 of the Constitution, to issue decrees, regulations and instructions
which are binding, but subject to legislative modification. The President also
may enter into treaties with foreign nations, but unless it is ratified by both
houses of the Congress, the treaty will not be binding on the Dominican
Republic[6].
The various Secretaries of State and other government offices,
such as the Central Bank of the Dominican Republic, may issue resolutions and
norms which are also binding.
Legislative power is invested in the National
Congress, which is composed of two chambers: the upper body, the Senate and a
lower body, the Chamber of Deputies.
Members of both chambers are elected by direct majority vote. Once
elected Congressional Members serve for a four-year period and may be
re-elected without time limitations. Congressional and municipal elections are
held in even - numbered years not divisible by four. The Congress, in its
ordinary legislative functions, convenes two legislative sessions per year. The
first session begins on August the 16th, and the second begins on
February the 27th. Each regular session lasts for ninety days, but
can be extended up to sixty additional days.
In
addition to its powers to enact laws, the Congress of the Republic is empowered
to increase, reduce or abolish regular or exceptional courts, to approve or
reject international treaties and conventions concluded by the Executive Power,
and have the authority to review and approve the national budget submitted by
the Executive Power.[7]
The National Congress has
constitutional authority to legislate over any matter. Any senator or deputy
may introduce legislation in either house. The President of the Republic, the
Supreme Court of Justice, and the Central Electoral Board also may introduce
legislation in either house of the Congress.
Once a bill is approved, it is sent to
the President of the Republic for promulgation and subsequent publication in
the Official Gazette (Gaceta Oficial). Alternatively, Article 1 of the Civil
Code states that approved bills also can be published in one or more major
newspapers, in which case the publication must expressively indicate that it is
an official publication and it will have the same effect as the Official
Gazette.
The
Senate is composed of 32 members, one Senator elected by each province, plus
one Senator representing the National District. The Senate is empowered to
select the members of the Central Electoral Board and the members of the
Chamber of Accounts.
The
Chamber of Deputies is composed of members elected for each province, one for
every 50,000 inhabitants or fraction thereof greater than 25,000, but in no
case shall a province have less than two Deputies. There are 178 Deputies. An
exclusive function of the Chamber of Deputies is to refer impeachments of
public officials before the Senate in matters enunciated by Article 23, Section
4 of the Constitution.
Judicial Power is exercised by the
Supreme Court of Justice as well as by other courts created by the Constitution
or by enacted laws.
The highest judicial body is the Supreme Court of
Justice, followed by the Courts of Appeal, the Land Courts, the Courts of First
Instance, and the Justices of the Peace. The Constitution also mandates a Court
of Accounts, which examines the country's finances and reports to the Congress[8].
The Judicial Bulletin (Boletín Judicial) is the official reporter of the
Supreme Court of Justice decisions.
The
legal system reflects the influence of successive occupancy of the island by
foreign nations.
During
the 22 years of Haitian occupation (1822 - 1844) the French legal system was
imposed on the island, based on the Napoleonic Codes of 1804 -1810. After
declaring its independence in 1844, a mixed judicial organization was
applied by the Dominican Republic[9]. The French Codes of 1815 were
adopted as the codes of the Dominican Republic, in their original language,
with the modifications set forth by the Constitution, and the Spanish court
system established in the prior years[10].
The
French codification remained in effect until Spanish translations of the five
French codes were promulgated in 1884. These translated codes, with little
adjustment to local needs remained as the law of the Dominican Republic for
more than one hundred and fifty years[11]. The principal codes were - the Penal Code, the Code of
Criminal Procedure, the Civil Code, the Code of Civil Procedure, and the
Commercial Code [12].
During
the United States’ military intervention (1916 - 1924), the U.S. Military
Government ruled the country by martial law through Executive Orders. A total
of 821 Executive Orders were enacted, touching on virtually all aspects of
governmental administration. One of the most significant of the Executive
Orders was Executive Order No. 511 on Real Property, enacted July 1, 1920, by
which the Torrens system of land registration was adopted as the land titling
system of the Dominican Republic. It was modeled after the Philippines and
Australian Torrens system, and remains in effect today[13].
Following
the U. S. occupation, during the Trujillo Era (1930 -1961), several important
laws were enacted: Labor Code (1951);
Health Code (1956); establishment of Juvenile Courts (Ley No. 603 - 41
of 1941) along with family laws on child support, divorce and adoption; the
establishment of the Litigious Administrative Jurisdiction (Ley No. 1494 - 47
of 1947); the law that modified the Executive Order No. 511 on Real Property
(Ley No. 1542, October 11, 1947, de Registro de Tierras); the law establishing
the procedure for Cassation (Ley No. 3726-53); and legislation on the Civil
Rights of Women (Ley No. 390-40 sobre los Derechos Civiles de la Mujer). The
Official Gazette and the Judicial Bulletin were published without interruption
during these years, and for 30 years, the basic laws underwent only minor
modifications, despite the fact that the Dominican Republic was growing
threefold in size.
Since
1991 the Dominican Republic has undergone major legislative and judicial reforms, seeking to adapt the
legal and economic framework of the country for a gradual inclusion of the
Dominican Republic in a global and regional economy, and to strengthen the
democratic process[15].
Main
objectives of the judicial reform have been to expedite trials, improve the
efficiency and effectiveness of the judiciary, and protect constitutional
rights. This has meant a profound transformation of the criminal justice
system. Most notable are revisions of the Criminal Procedure Code, undertaken
to incorporate oral procedures reflecting a move away from an inquisitorial to
an accusatory or mixed system, and changes in the Penal Code, enacted to
improve access to those populations previously underserved, such as women, the
poor, and the minors.[16]
Legal
education programs were developed for judges and prosecutors through the
National Judiciary School (Escuela Nacional de la Judicatura) and the National
School for Public Prosecutors (Escuela
Nacional del Ministerio Publico).
ADR
mechanisms were introduced as an alternative method of settling disputes. The
Public Defender’s Office (Oficina Nacional de la Defensa Publica) was also established
to provide legal assistance to those who could not afford to seek legal counseling.
Other
legislature reforms included
updates of basic laws connected with sectors critical to economic and social
development focusing on finance, investment and trade, environment, tax and
customs, labor and social security[17].
General
Court System
The
judicial system consists of the Supreme Court of Justice, Court of Appeals,
Courts of First Instance, and the Justices of the Peace. At the time the
Torrens property system was created, a separate system of Land Courts as a
specialized jurisdiction within the legal framework was established. Other
special courts include: the Juvenile Courts, Labor Courts, and the Tax Court,
better known as the Tribunal Contencioso Tributario.
The
Supreme Court of Justice is composed of 16 Magistrates elected by The National Judiciary Council (Consejo Nacional de la Magistratura),
pursuant to Law No. 169 of August 2, 1997. The Council selects one Magistrate
to serve as President of the Court, and designates a first and second
substitute to replace the President of the Supreme Court of Justice in case of
absence or incapacity (First Vice-President and Second Vice-President).
The
Supreme Court has original jurisdiction over any cause of action brought
against the President, the Vice President, or other public officials, as
designated in the Constitution.[18]
One
of the most important functions of the Supreme Court of Justice is to hear
appeals of Cassation (Recurso de Casación). It also hears ordinary appeals from
matters arising in the Courts of Appeals, as well as questions on the
constitutionality of laws.
The
Supreme Court is the highest administrative authority of the Judicial Power. It
designates the judges and administrative personnel of all courts, exercises the
highest disciplinary authority over all members of the judiciary. The official
reporter of Supreme Court of Justice decisions is the Judicial Bulletin (Boletín
Judicial), which is also published electronically on the Supreme Court of Justice homepage under Boletines Judiciales.
Major provisions which govern the
Supreme Court of Justice include the following:
· The Constitution
of the Dominican Republic, Articles 63 to 77.
· Law No. 821, 1927,
on Judicial Organization (de Organización Judicial) and its modifications
specially laws: Law No. 156-97 and Law No. 50-00, (que modifica los literales a) y b) del Párrafo I
del Artículo 1 de la Ley No. 248 del 1981 on Judicial Organization) establishing
the administrative judge of the courts and random assignment of cases.
· Law No. 25-91,
Organic Law of the Supreme Court of Justice ( Ley Orgánica de la Suprema Corte de Justicia)
·
Law No. 327-98 July 9, 1998 establishing a Civil Service
Career Path for the Judiciary.
· Law No. 169-97,
Organic Law of the National Judicial Council (Ley Orgánica del Consejo Nacional
de la Magistratura)
· Law No 46-97, on the Administrative and
Budgetary Autonomy of the Judicial and Legislative Powers, complemented by Law No.194-04 allocating
a fix percent of the National Budget to the Legislative and Judicial Powers.
There
are eleven Courts of Appeals, one for each judicial district. Five judges sit
on each of the courts. The Court of Appeals functions primarily as an appellate
body and it hears appeals from decisions issued by Courts of First Instance.
The Courts of Appeals have original jurisdiction in accusations against lower
court judges, prosecutors (Procuradores Fiscales), and Governors. These courts
may be divided into Criminal and Civil Chambers. Judgments of the Courts
of Appeals from the National District have been published electronically since
January 2001 until December 2006, on the Supreme Court of Justice homepage.
The
Courts of First Instance are divided into Criminal, and Civil and/or Commercial
Chambers. Depending on the size of the District, these courts may be subdivided
into Halls (Salas). The National District has eight Civil and Commercial Halls, and twelve Criminal Halls. The administrative
judge or Chamber President distributes the cases among the different halls
through a random allocation system.
The Justices of the Peace are
courts authorized to hear small claim cases. They predominantly hear police and
labor matters, as well as any other matter which Congress, through legislation,
empowers them to hear. There is at least one small court in each municipality,
plus one located in the National District. Only one judge presides on each
Peace Court.
The Juvenile Courts addresses both civil and criminal
matters, particularly issues pertaining to paternity, guardianship, visitation
rights, child support and adoption. There are twenty four Juvenile Courts of First Instance and five Courts of Appeal, which are
located in the cities of Santo Domingo, Santiago, San Pedro de Macorís, San
Cristóbal and La Vega.
The Labor Courts were created by
the Labor Code to resolve conflicts between workers and employers. There are twenty
three Labor Courts of First Instance and five Labor Courts of Appeal. For large Districts these courts can
be subdivided into Halls (Salas). The Labor Court of First Instance for the
National District has six halls.
The Land Courts are concerned
exclusively with procedures relating to clearing title to property, registering
real property, and resolving disputes relating to real property. The Land
Courts include three High Courts (Tribunales Superiores de Tierras), one in
Santo Domingo and the others in the cities of Santiago, and San Francisco de Macorís, and thirty one Land
Courts of original jurisdictional. For each a sole judge decides all matters
relating to real property.
The High Courts are primarily
appellate courts and hear appeals from the Land Courts of original
jurisdiction. Each High Court sits
at least five judges, but Land Court proceedings are presided by a sole
judge.
The Tax Court (Tribunal
Contencioso Tributario) is formed of five judges and has jurisdiction over
appeals filed against decisions of the public administration regarding the
application of taxes. The decisions of the Tax Court have been reported since July 1996 to present on the Supreme Court of Justice homepage.
There are other specialized
administrative courts or quasi-judicial bodies with jurisdiction to hear
certain types of matters. These include the Central Electoral Board, which
solves conflicts arising from elections, the Higher Administrative Court (Law
No. 1494 of 1947), the Police Court (Law No. 285 of 1966, as amended) and the
Military Court (Law No. 3489 of 1953).
The Public Prosecutor is the
agency of the Executive Branch responsible for directing the investigation of
criminal acts, assisting with the prosecution of criminal actions and
protecting the interests of the State. It is functionally independent of the
Courts by means of Ley No. 78-03 regulating the Public
Prosecutor (que crea el Estatuto del Ministerio Publico).
The Public Prosecutors Office is
composed of the following officials: The Attorney General of the Republic which
represents the State before the Supreme Court of Justice; General Prosecutors
before the Courts of Appeal; Public Prosecutors who appear before the Courts of
First Instance; and Public Attorneys who appear before the ordinary Justice of
the Peace Courts. The Attorneys for the State (Abogados del Estado) who are
part of the Public Prosecutors Office, appear before the Land Courts.
Major legislation
enacted which governs the Public Prosecutors includes the following:
·
Law No. 78-03 the
Public Prosecutor Act (Estatuto del Ministerio Publico ) and its regulation Reglamento No. 4-06 on the Civil Service Career Path for the Public Prosecutors).
The
first Constitution of the Dominican Republic was promulgated in 1844,
immediately after the nation achieved independence from Haiti. By 1966 the Dominican Republic had
adopted thirty five constitutional amendments. The 1966 Constitution, enacted
at the conclusion of the civil war of April 1965, provided the necessary legal
basis to ensure democratic stabilization of the country.
In
August 14, 1994, the 1966 Constitution of the Dominican Republic was modified.
Among the most important amendments were: a) it established the National
Judiciary Council (Consejo Nacional de la Magistratura)[19], which designated the
judges of the Supreme Court of Justice ; b) provided for the administrative and
financial autonomy of the Legislative and Judicial Powers; and c) expanded the
competence of the Supreme Court of Justice to hear matters regarding the constitutionality
of the law, to include not only laws and resolutions emanated from Congress but
also decrees and regulations from the Executive Power and other governmental
offices.[20]
The
Supreme Court of Justice was given constitutional authority to designate the
judges at all levels of the Judiciary, and authorized to exert disciplinary
authority over all its members, putting an end to Executive and Legislative
control over judges and personnel of the judiciary.
Eight
years later, in 2002, the 1994 Constitution was again amended to provide mainly
for the presidential re-election (Article 49). Articles 89 and 90 were also
amended addressing electoral
matters.
· The
Constitution of the Dominican Republic enacted July 25, 2002:
http://www.suprema.gov.do/codigos/WelcomeContC.htm
· The Constitutions of
the Dominican Republic and the text of the different constitutional reforms
since 1844 can be found here.
The
Civil Code of the Dominican Republic (Código
Civil de la República Dominicana) was enacted by the Decree of April 16,
1884. With modifications, this original code is largely still in effect today.
The fundamental reforms of the Civil Code were authorized by Decrees No. 104 of
1997 and No. 556 of 1999, still pending before the Dominican Congress.
Civil Code (Código Civil) (see also here)
The Code of Civil Procedure (Código de Procedimiento Civil) was enacted
by the Decree of April 16, 1884. With modifications, this Code is still largely
in effect today. The fundamental reforms of the Code of Civil Procedure were
authorized by Decrees No. 104 of 1997 and No. 556 of 1999, still pending before
the Dominican Congress.
Code of Civil
Procedure (Código de
Procedimiento Civil) (see also here)
The Commercial Code (Código de Comercio) was enacted by the Decree of June 5, 1884.
With modifications is largely in effect today. In December 11, 2008, Law No.
479-88 was enacted regulating the formation of Companies. It abrogates and replaces Title III,
articles 18 to 64 of the Code.
Law
No. 479-08 on General Business Organizations and Limited Liability Companies
(Ley General de Sociedades Comerciales y Empresas Individuales de
Responsabilidad Limitada)
http://www.dgii.gov.do/legislacion/LeyesTributarias/Documents/LeyNo.479-08.pdf
(See also here) http://www.suprema.gov.do/pdf/leyes/2008/Ley_479-08.pdf
Law No. 3-02, January 18, 2002 on
Mercantile Registry (sobre Registro Mercantil)
http://www.drlawyer.com/es/publicaciones/ley-3-02-registro-mercantil.html
Commercial
Code (Código de
Comercio) (see also here)
The Criminal Code (Código Penal
de la República Dominicana)was enacted by the Decree of August 20, 1884. With
modifications, this Code is still largely in effect today.
Criminal
Code (Código Penal de la Republica Dominicana) updated to 2007
The new Code of Criminal
Procedure (Código Procesal Penal de la
República Dominicana) was promulgated in July 19, 2002, by Law No. 76-02,
effective on September 27, 2004. It abrogates and replaces the 1894 Code of
Criminal Procedure (Código de Procedimiento Criminal).
This new Code ended the French judicial tradition, originally
adopted by Decree No. 58, July 4, 1845. It adopts an accusatory model, based on
oral, public and contradictory proceedings and grants Public Prosecutors with
the appropriate means to investigate violations, and the capacity to propose
alternative methods for solving criminal proceedings.
Criminal jurisdiction is exercised
by the Supreme Court of Justice; the Courts of Appeal; Criminal Judges of the First
Instance; Trial Judges (Jueces de
Instrucción); Sentencing Judges of Criminal Courts (Jueces de la Ejecución de
la Pena); and by Justices of the Peace.
Depending on the case, the Courts
of First Instance are presided over by a sole judge who hears punishable acts
which are liable for monetary fines or punishment by incarceration for a
maximum of two years (or both penalties at the same time). The court expands to
a bench of three judges for cases involving crimes which are liable for
punishment by incarceration greater than two years. They also have jurisdiction
to hear habeas corpus actions.
Trial Judges (Jueces de
Instrucción) are competent to resolve all issues which arise during a
preparatory proceeding, to conduct the preliminary proceedings, and to dictate
relevant resolutions and sentences in accordance with abbreviated rules of
procedure. The Sentencing Judges (Jueces de Ejecución de la Pena) are
responsible for the enforcement of sentences, for rendering decisions related
to the conditional suspension of proceedings, and for hearing issues submitted
regarding implementation of the sentence.
Code of Criminal Procedure and other related legislation:
·
Code of Criminal Procedure (Código Procesal Penal de la República
Dominicana), updated to August 2007) http://www.suprema.gov.do/codigos/Codigo_Procesal_Penal.pdf
·
Resolution No.
296-2005, Sentencing Judges Regulations (que establece el Reglamento
Juez de la Ejecución de la Pena)
·
Law No. 277-04, establishing the Public
Defenders Office (sobre el Servicio Nacional de la Defensa Publica)
·
Resolution No. 1735-05 Criminal
Collegiate Tribunals Regulations (que
establece el Reglamento sobre los Tribunales Colegiados de 1ra. Instancia de la
Jurisdicción Penal).
The Tax Code (Código Tributario
de la República Dominicana), was enacted by law No. 11-92, of May 16, 1992.
The
Code covers matters regarding income tax, tax on the transfer of industrialized
goods and services (ITBIS), and selective consumption tax. The Internal Revenue
Office (Dirección General de Impuestos Internos), is the official government
office responsible for the collection of taxes and the enforcement of fiscal
laws.
To
assure an adequate level of income taxes, eliminate fiscal deficit, and reduce
tax evasion, important amendments to the Tax Code have been introduced since 2000, modifying tax figures and
institutions. The most recent amendment to the Tax Code was:
·
Law No. 172-07 on Income Tax
Reduction (que Reduce la
Tasa del Impuesto sobre la Renta)
·
Tax Code (Código Tributario de la
República Dominicana), updated to 2007
http://www.suprema.gov.do/codigos/Codigo_Tributario.pdf
The Labor Code (Código de Trabajo de la República
Dominicana), was enacted by Law No. 16-92, May 29, 1992. It abrogates the 1951
Labor Code and subsequent modifications.
The Labor Code is a comprehensive piece of legislation that establishes
policies and procedures for many aspects of employer/employee relationships.
The Secretariat of State for Labor is the state agency responsible for
overseeing the compliance of these regulations. The Labor Courts have
jurisdiction over labor and employment disputes.
Another major related reform was
the revised Social Security Law enacted by Law No. 87-01, May 9, 2001. It
abrogates Law No.1896 of 1944. This new law provides for mandatory and
universal coverage of all Dominican nationals and foreigners residing in the
Dominican Republic against risks of aging, disability, unemployment, sickness,
maternity and childbirth, and labor risks.
·
Labor Code
(Código de Trabajo de la República Dominicana),
updated to 2007 (alternately on the ILO website)
·
Law No. 87-01
establishing the Dominican Social Security System (que crea el Sistema
Dominicano de Seguridad Social) as amended by Laws No. 188-07 and No. 189-07. (alternately here)
The Code for the Protection of Child and Adolescents Rights (Código para el Sistema de Protección de los Derechos Fundamentales de Niños, Niñas
y Adolescentes) enacted by Law No. 136-03 of August 7, 2003. This
Code abrogates the following laws: Law No. 14-94, 1994, Código para la
Protección de Niños, Niñas y Adolescentes; Law No. 603-41 on Juvenile Courts (sobre
Tribunales de Menores), and Law No. 985-1945 sobre Filiación de Hijos
Naturales. This
new Code is a comprehensive law governing matters relating to the protection of
children and adolescents, their rights and obligations. The Code was drafted
based on the principles embedded in the United Nations Convention on the Rights
of the Child.[21]
Juvenile Code (Código para el Sistema de Protección de los Derechos Fundamentales de Niños, Niñas
y Adolescentes), updated to 2007 http://www.suprema.gov.do/codigos/Codigo_NNA.pdf
See also other Resolutions regulating the
jurisdiction.
The Monetary and Financial Act (Ley Monetaria y Financiera) enacted
as Law No. 183-02, of November 21,
2002. This Act, also known as the Código Monetario y Financiero, outlines the
principles of the monetary and financial system of the Dominican Republic, and
consolidates in a single statute all monetary, financial and banking norms, and
modernized the legal framework previously established by the financial reform
of 1947. The 2002 Law abrogates Law No. 708-65 General Banking Act (Ley General de Bancos), of
April 14, 1965 and the Organic Law of the Central Bank (Ley Orgánica del Banco
Central), No. 6,142 of December 29, 1962.
The
banking system is also subject to the provisions contained in the resolutions
dictated by the Monetary Board (Junta Monetaria). The Monetary Board, the
Central Bank and the Superintendence of Banking are the state agencies
responsible for regulating and supervising the financial sector of the
Dominican Republic.
· Monetary and Financial
Act Law No. 183-02 (Ley Monetaria y Financiera) (alternately here)
Other
major pieces of legislation regulating the banking and financial system of the
Dominican Republic are the following:
· Law No. 480-08
International Financial Zones (Zonas Financieras Internacionales en la
República Dominicana), December 11, 2008. http://www.suprema.gov.do/pdf/leyes/2008/Ley_480-08.pdf
·
Resolution of the Monetary Board 2006/11/28, Monetary Regulations
and Policy (Reglamento Monetario e
Instrumentos de Política Monetaria).
· Law No. 92-04 on
Risk Prevention of Financial Entities (Riesgo Sistémico).
· Law No 19-00 on
Stock Market (de Mercado de Valores) enacted May 8, 2000 and its regulation, Presidential Decree No.
729-04, of August 03, 2004. http://www.bolsard.com/app/do/nor_leyes_mv.aspx
· Law No. 72-02 on Money Laundering (Contra el Lavado de Activos Procedentes del Tráfico
Ilícito de Drogas y Sustancias Controladas y Otras Infracciones Graves)
and Presidential Decree No. 20-03, of January 14, 2003. http://www.suprema.gov.do/pdf/leyes/2002/ley_72-02.pdf
Real Property
The
prevalent land titling system in the Dominican Republic is the Torrens System,
established by Executive Order No. 511, July 1, 1920 followed by Law No
1542, October 11, 1947, on Registry
of Land (de Registro de Tierras).
In
2005 Law No. 108-05 on Registry of
Real Property (Ley de Registro Inmobiliario), was enacted, derogating Law No.
1542 of 1947 and substantially modifying Law No. 5038 on Condominiums, and Law
No. 344 on Property Expropriations. The 2005 reform entailed a profound
restructuring of institutions and procedures for adjudicating and registering
property rights in the Dominican Republic within the adopted titling system,
the Torrens System. The law is complemented by three different regulations
governing the main institutions of the Torrens system: surveyors, judges and
title registrars.
·
Law No.108-05, Registry
of Real Property (Ley de Registro Inmobiliario) modified by Law No. 51-07 http://www.suprema.gov.do/pdf/leyes/2005/ley%20108-05_mod.pdf
·
Regulations of the Land Courts (Reglamento de
los Tribunales Superiores de Tierras y de Jurisdicción Original de la
Jurisdicción Inmobiliaria) http://www.suprema.gov.do/novedades/reglamentos/suprema/Reglamento_Tribunales.pdf
·
Regulations of the Registry
Offices (Reglamento General de los Registros de Títulos), March 23,
2005. http://www.suprema.gov.do/novedades/reglamentos/suprema/Reglamento_Registros.pdf
·
Resolution No. 628-2009, Regulations for
Surveyors, (Reglamento General de Mensuras
Catastrales). http://www.suprema.gov.do/guiaji/PDF_Files/Resolucin_628-2009.pdf
Intellectual Property
The Law No. 20-00 on Trademarks and Patents (de Propiedad Industrial), enacted on May 8, 2000, derogates and
replaces Law No.4994 of April 26, 1911 on Patents and Inventions, and Law
No.1450 of December 30, 1937, on Trademarks and Trade Names. It conforms to the
TRIPS and other international agreements. The state agency charged with
reviewing and granting patents and registering industrial property in the
Dominican Republic is the National Industrial Property Office (Oficina Nacional
de Propiedad Industrial, ONAPI).
The Law Copyright Law No. 65-00 (Ley
de Derechos de Autor) protects ownership rights over scientific, artistic
or literary works. It replaces Law No. 32-86 on Intellectual Property Rights.
Decree No. 362-01, enacted on March 14, 2001, contains the applicable
regulations. The National Copyright Office (Oficina Nacional de Derechos de
Autor, ONDA) is the state agency charged with granting and registering
copyrights.
· Law No. 20-00 on Trademarks and Patents (de Propiedad Industrial) (see
also here) http://www.suprema.gov.do/pdf/leyes/2000/ley_20-00.pdf
· Law No. 20-00 http://onapi.gob.do/pdf/ley20-00.pdf (alternately
here)
· Law No. 20-00 (English)
http://onapi.gob.do/go/qui-nes-somos/legislaci-n/legislaci-n
· Trademarks and Patents
Regulations Presidential Decrees
No. 599-01; No. 180-03 and No. 205-03; Decree No. 326-06 http://onapi.gob.do/pdf/legal3.pdf
· Resolution No. 32-2009
on Trade Names (Resolución Nombres Comerciales) http://onapi.gob.do/go/qui-nes-somos/legislaci-n/legislaci-n
· Law No. 65-00 Copyright Law (Ley
de Derechos de Autor) and its regulation
Decree No. 362-01, March 14, 2001, http://portal.unesco.org/culture/en/files/30445/11425917413dm_reglamento_de_aplicaci%F3n_2001_es.pdf/dm_reglamento_de_aplicaci%F3n_2001_es.pdf
Telecommunications
The
General Telecommunications Act (Ley
General de Telecomunicaciones), Law No. 153-98, enacted on May 27, 1998,
regulates the installation, maintenance and operation of communications,
telecommunications and satellite transmissions, and also regulates the
provision of commercial services and equipment. This Act derogates Law No. 118
of 1996 on Telecommunications. The regulatory body of the sector is the
Dominican Institute for Telecommunications (Instituto Dominicano de
Telecomunicaciones, INDOTEL).
· Law No. 153-98, General
Telecommunications Law (Ley General de Telecomunicaciones) (see also here English
text)
Other
related laws are:
·
Law No. 53-07, April 23, 2007 on
Internet Crimes (Contra Crímenes y Delitos de Alta Tecnología) http://www.suprema.gov.do/pdf/leyes/2007/Ley_53-07.pdf
·
Resolution 055-05, Personal Data
Privacy Act (Protección de Datos de Carácter Personal)
· Law
No. 288-05, Personal Credit Information (sobre las Sociedades de Información
Crediticia y de Protección al Titular de la Información) available at http://www.suprema.gov.do/pdf/leyes/2005/Ley_288-05.pdf
·
Law No. 126-02,
E-Commerce, Electronic Documents and Digital Signatures (Ley de Comercio
Electrónico, Documentos y Firmas Digitales) (English and Spanish).
Foreign Investment
The Foreign Investment Act (Ley
de Inversión Extranjera), was enacted by
Law No. 16-95, November 20, 1995 and its regulation (Reglamento de Aplicación
No. 380-96), was enacted on August 28, 1996. These enactments abrogate Law No.
861 of 1978, and Presidential Decree No. 380-96. This legislation eliminates
restrictions to foreign investment and encourages the flow of capital into the
country. The State agency responsible for promoting a favorable investment
climate in the Dominican Republic is The Center for Exports and Investment of
the Dominican Republic (Centro de Exportación e Inversión de la República
Dominicana, CEI-R).
Law No. 16-95 Foreign Investment Act (sobre
Inversión Extranjera)and Regulations
Decree No. 380-96 modified by Decree No. 163-97)(See also here)
http://www.bancentral.gov.do/normativa/normas_vigentes/reglamento_ley_16-
· Regulation of Foreign
Investment Law, Decree No. 380 August 28, 1996
http://www.scribd.com/doc/976024/reglamentoley1695,
see also here
http://www.drlawyer.com/es/publicaciones/Reglamento-Ley-Inversion-Dominicana.html
Environment and Natural Resources
The Environment and Natural
Resources Act (Ley General de Medio
Ambiente y Recursos Naturales), Law No. 64-00, was promulgated on August
18, 2000. With Law No. 202-04, Sectoral Law of Protected Areas (Ley Sectorial
de Áreas Protegidas), these two omnibus legislations are the most significant
environmental laws of the Dominican Republic. They regulate the improvement and
preservation of the environment, and delimit regions within the country to be
protected. The Secretariat of State for Environment and Natural Resources (Secretaria
de Estado de Medio Ambiente y Recursos Naturales) is the State agency
responsible for the protection of the environment and development of natural
resources.
· Law No. 202-04 Protected Areas Act (Ley Sectorial
de Áreas Protegidas) (also here).
· Law No. 64-00, Environment and Natural Resources Act (Ley General de
Medio Ambiente y Recursos
Naturales), (see also here) http://www.suprema.gov.do/pdf/leyes/2000/ley_64-00.pdf
· Forest Regulations
http://www.medioambiente.gov.do/cms/archivos/legislacion/ReglamentoForestal.
Public Health
The General Health Act (Ley
General de Salud), Law No. 42-01, was promulgated on March 8, 2001. This
Law restructured the legal and institutional framework of the public health
sector in the Dominican Republic. It abrogates Law No. 4471, of June 3, 1956,
known as the Health Code (Código de Salud). A National Health Commission was
created to promote overall modernization of the health sector. The Secretariat
for Public Health and Social Welfare (Secretaria de Estado de Salud Pública y
Asistencia Social, SESPAS) is the agency in charge of health services and is
responsible for overseeing compliance with the Law.
· Law No. 42-01,
General Health Act (Ley General de Salud) ( (alternately here)
·
Law No12-06, on Mental Health (sobre
Salud Mental)
The Official Gazette (Gaceta Oficial)[22] is the official source of law-reporting,
and reports all statutes and laws passed by Congress, as well as decrees and
regulations enacted by the Executive Branch. The Official Gazette is published
by the Legal Counselor Office of the Presidency (Consultoría Jurídica del Poder
Ejecutivo) and available electronically on the website of this Office, under Consulta la Legislación see here.
The
Chamber of Deputies, under Leyes
Publicadas provides access to the Official Gazette from 1990 t0 2006 (G.O.
10390, October 31, 2006), see here http://www.camaradediputados.gov.do/portalsilcamara/
The Judicial Bulletin (Boletín Judicial de la Suprema Corte de
Justicia)[23], is the official
source of reported court opinions. This Bulletin is published by the Supreme
Court of Justice and is also accessible electronically starting with Bulletin
No. 1022, January 1996, at the Supreme Court of Justice homepage under Boletines Judiciales.
Case Law Digests
William C. Headrick, Compendio
Jurídico Dominicano: Jurisprudencia de la Suprema Corte de Justicia durante el
Periodo 1970-1998 e Indice de la Legislación Vigente en la Republica Dominicana (2
ed. ampliada, Taller, 2000), digest of case law and legislation.
Víctor José Castellanos
Estrella, Consultor de Jurisprudencia Constitucional Dominicana: Periodos
Contenidos: 1924-1930, 1995-2005 (Ediciones Jurídicas Trajano Potentini,
2005)
Víctor José Castellanos
Estrella, Evolución del Pensamiento de la Jurisprudencia Dominicana en
Materia de Habeas Corpus: [1914-2005] (Ediciones Jurídicas Trajano
Potentini, 2006)
Víctor José Castellanos
Estrella, Consultor de Jurisprudencia Penal Dominicana, Agosto 1997 –
Enero 2006 (Ediciones Jurídicas Trajano Potentini, 2006)
Washington D. Espino M, Guía
Comentada de Jurisprudencia Laboral, 1908-2003: la Completa Historia
Jurisprudencial de Derecho de Trabajo Dominicana (CEDET, 2004)
Juan Alfredo Biaggi Lama, 15 Años de
Jurisprudencia Civil Dominicana, 1988-2002 (Ediciones Jurídicas Trajano
Potentini, 2002)
Juan Alfredo Biaggi Lama, 15 Años de
Jurisprudencia Procedimental Civil Dominicana, 1988-2002 (Ediciones
Jurídicas Trajano Potentini, 2002)
The International
treaties for which the Dominican Republic is a signatory, are regulated by
Article 3 of the Constitution of the Dominican Republic, which provides that:
“The Dominican Republic recognizes and applies the norms of general and
American International Law to the extent that its government authorities have
adopted them.” International treaties which have been approved by the National
Congress, duly promulgated and adopted are accorded precedence over procedural
laws and have the same authority as the Constitution. The treatment of
violations of such treaties should be the same as the treatment for violations
of the Constitution[24].
The Dominican Republic has signed
several free trade agreements which are still in effect. The first free trade
agreement was signed with Central America (April 16, 1998). Others, include
agreements with the United States (DR-CAFTA) (signed August 5, 2004), CARICOM
(signed August, 1998), and a trade agreement with Panama (signed June 19,
2006). The CEI-RD homepage also has the texts of the different Bilateral
Investment Treaties (BIT) signed by the Dominican Republic with Argentina,
Chile, China, Cuba, Ecuador, Spain, and France.
International treaties
now in effect in the Dominican Republic can be found at the following sites:
·
Suprema Corte de Justicia,
under Consultas / Convenios / Convenios Internacionales.
http://www.suprema.gov.do/indexconsultas2.htm
·
Secretaria de Estado de Relaciones Exteriores
(SEREX), under Sede de la SEREX / Biblioteca Virtual / Acuerdos, Convenios y Tratados, and
also Temas.
http://www.serex.gov.do/serex/Lists/Biblioteca%20Virtual/AllItems.aspx
· Centro
de Exportación e Inversión de la República Dominicana, CEI-RD – under Acuerdos y Programas/ Acuerdos Comerciales y Programas Preferenciales; and also under Acuerdos para Promoción y Protección de las Inversiones
· Organization of American States (OAS),
Sistema de Información sobre Comercio Exterior (SICE) http://www.sice.oas.org/
under Countries / Dominican Republic
· Pellerano and Herrera,
Law Firm, under Publications / Trade Agreements
http://www.phlaw.com/tlcen/index.html
Tratados y Acuerdos
Internacionales de la República Dominicana, 1844
– 1998, edited by Aida Montero (Funglode, 2005) 14 v. It contains a
compilation of International Treaties and Agreements signed by the Dominican
Republic from 1844 to 1998, organized by topics, available at: Fundación Global Democracia y Desarrollo (Funglode)25
under Tratados.
Following
are a selection of Dominican legal sources useful for legal research in the
Dominican Republic.
Frank Moya Pons, Marisol Florén Romero, Bibliografía
del Derecho Dominicano, 1844-1998 (Ediciones Capeldom, 1999) 2v. This work is a
comprehensive bibliography and index to the periodical legal literature of the
Dominican Republic from 1844 to 1998.
Doing Business in the Dominican Republic (Pellerano &
Herrera, 2008) p.54 http://www.phlaw.com/en/publications/Doing_Business_Inthe_Dominican_Republic.pdf
(see
also here)
Estudios Jurídicos, v. 1 no. 1 –
(1967)- . Santo Domingo: Ediciones Capeldom, 1967- Latest issue 14(1):
January-December, 2008.
Gaceta Judicial, ano 1, no. 1 (Febrero
1997) - Santo Domingo: Editora
Judicial y Editorial AA, 1997 -
Latest issue No. 270 , May , 2009.
Several efforts have been made by private entities
to develop legal information databases in the Dominican Republic. The most
relevant are:
Legal Database - This free of charge
database is developed by the Ramos-Messina Law Firm. It indexes a selection of
the most significant laws of the Dominican Republic, but only provides for the
full text of the main codes: the Civil Code, Code of Civil Procedure, Criminal
Procedure Code, and Commercial Code.
LexLata- Fee based database
containing laws, decrees, judicial decisions, digest of cases, and journal
articles.
Most of the government offices responsible for the regulation and
supervision of specific social or economic sectors provide access on their
homepages to the legal framework of the sector. The websites make accessible
the full text of laws, decrees, resolutions, regulations and court decisions,
international treaties, agreements and conventions signed by the Dominican
Republic as well as the regulations set in force by the office.
The following are some of the most relevant websites providing access to legal
sources:
·
Suprema Corte de Justicia (Laws and judgments)
·
Cámara de Diputados de la República
Dominicana (Official Gazette)
·
Banco Central de La República
Dominicana (Banks and banking laws and regulations)
·
Centro de Exportación e Inversión de
la República Dominicana (Investment and trade)
·
Consejo Nacional de Seguridad
Social (security laws
and regulations)
·
Dirección
General de Impuestos Internos (DGII) (Tax laws and regulations)
·
Instituto
Dominicano de las Telecomunicaciones (INDOTEL) (Telecommunications)
·
Junta
Central Electoral (Electoral Laws)
·
Oficina
Nacional de Propiedad Industrial (ONAPI) (Industrial property)
·
Oficina
Nacional de Derechos de Autor (ONDA) (Copyright laws)
·
Consultoría Jurídica del Poder Ejecutivo Presidencia de la República
(Laws and Presidential
Decrees)
·
Procuraduría General de La República (on
Money Laundering, Human Trafficking and Migrant Smuggling)
·
Secretaría
de Estado de Medio Ambiente y Recursos Naturales (Natural resources)
·
Secretaría
de Estado de Relaciones Exteriores (Treaties and International
agreements)
·
Secretaría
de Estado de Trabajo (Labor
laws and regulations)
·
Superintendencia de Bancos (Financial and Banking
laws)
·
Superintendencia de Electricidad (Energy)
·
Superintendencia
de Salud y Riesgos Laborales (SISARIL) (Health and workplace laws and regulations)
·
Asociación
Dominicana de Zonas Francas (ADOZONA)
(Industrial Free Zones laws and regulations)
·
Colegio de Abogados de la República
Dominicana
There are two main
bookstores located in Santo Domingo which specialize in Dominican legal
materials. Librería Jurídica Virtual and Librería y Papelería La Filantrópica. Libros de Barlovento a book dealer with
offices in San Juan, Puerto Rico is the best way of learning about new
Dominican legal titles.
·
Librería Jurídica
Virtual, Avenida Máximo Gómez, esq. Jose Contreras, Plaza Royal, local no. 107,
Santo Domingo, Dominican Republic.
Tel.: (809) - 682-6343; Fax (809) - 686 -4890. Contact: Trajano V.
Potentini. Publishers of Ediciones
Jurídicas Trajano Potentini. www.lijuvi.com (website
is not running) e-mail: trajanopotentini@hotmail.com
·
Librería y Papelería La
Filantrópica, Calle Mercedes No. 151, esq. Hostos, Santo Domingo, Dominican
Republic. Tel (809) 687-1953 and (809) 285 – 0036, Fax (809) 687 –
5326. Contact: Daniel Díaz Liberato; e-mail daniel.diazliberato@gmail.com
· Libros de Barlovento, PO Box 364991, San Juan, Puerto Rico 00936-4991
Phone/FAX: 787-250-1868 Contact information: René Grullón rgrullon@prtc.net, and Darlene Hull, dhull@prtc.net, http://www.librosdebarlovento.com/
Some law firms in the
Dominican Republic serve as important sources for legal research; they provide
in-depth analysis and discussions on legal developments in the Dominican
Republic via printed or electronic publications accessible on their homepages,
often translated into different languages. The following are :
Pellerano & Herrera,
Attorneys at Law, located in Santo
Domingo, publishes legal guides and executive summaries on topics such as
foreign investment, intellectual property, tourism, and telecommunications in
English, French and Italian. A section on trade
agreements was created under publications
providing the text of trade agreements and bilateral investment treaties signed
by the Dominican Republic. Some of their publications are: Doing Business in the Dominican Republic (2008), Tourism in the Dominican Republic - a Legal Guide (2004);
Legal Guide to Telecommunications in the Dominican
Republic (2001), Intellectual Property Law Legal Guide (1999). See more on the main homepage of the
firm under publications.
Guzman Ariza, Attorneys
at Law, under Publications, one may
find English translations and summaries of the most important laws enacted on
property, business and corporate law, litigation and arbitration, immigration,
trademarks, taxation and divorce.
Salvador V. Delgado, The Legal System of the Dominican Republic, in 7 Modern
Legal Systems Cyclopedia, 140.8 (Kenneth Robert Redden ed., 1984).
Wenceslao Vega B., Los Documentos Básicos de la Historia Dominicana 138 (1994)
Id. at 110
Salvador V. Delgado, The Legal System supra note 3, at
140.11
Constitución de la
Republica Dominicana Art. 49.
Id. Art 55 (6)
Id. Art. 37 (10, 12, 14)
Id. Art. 78 to 81
See Ley Orgánica de
los Tribunales, June 11, 1845
Wenceslao
Vega y Américo Moreta Castillo, Historia del Poder Judicial Dominicano 196 (Suprema
Corte de Justicia 2005). See also Wenceslao Vega B., Historia del Derecho
Dominicano 298 (4 ed., Amigo del Hogar 2004).
Wenceslao Vega B., Historia del Derecho Dominicano supra note 12, at 302.
The codes were published in the Judicial Bulletin
instead of the Official Gazette
Wenceslao Vega B., Historia del
Derecho Dominicano supra note 12, at 351
There are several official institutions
responsible for promoting and coordinating on-going judicial reforms in the
Dominican Republic. Most active are the Commissioner for the Modernization and
Reform of Justice (Comisionado de Apoyo a la Reforma y Modernizacion de la
Justicia (CARMJ), the National Commission for the Enforcement of the Criminal
Procedure Reform (Comisión Nacional de Ejecución de la Reforma Procesal Penal,
CONAEJ), and the Commission for
the Enforcement of Juvenile Justice (Comisión para la Ejecución de la Justicia
de Niños, Niñas y Adolescentes, CEJNNA). The homepage
of the CARMJ
provides links to the other two institutions and is particularly useful to
understand the fundamental changes brought forth by these reforms, especially
in criminal and family matters.
See,
Justice Delayed: Judicial Reform in Latin America (Edmundo Jarquin
& Fernando Carrillo ed., Inter
American Development Bank 1998)
See
Maria Dakolias, The Judicial Sector in Latin America and the Caribbean:
Elements of Reform
(World Bank 1996).
Doing
Business in the Dominican
Republic 11 (2008).
Constitución de la República Dominicana Art. 67 (1).
Vega y Moreta, Historia del Poder Judicial,
supra note 12, at 458 “modeled after the French Conseil
Superieur de la Magistrature.”
Constitución de la Republica Dominicana Art. 63, 64 and 67.
Inter-American
Commission on Human Rights, Report on the Situation of Human Rights in the
Dominican Republic,
69 to 76 (1999), available at http://www.cidh.org/countryrep/DominicanRep99/Chapter2.htm#a.Code%20of%20the%20Minor
Gaceta Oficial de la Republica Dominicana (Imprenta de García Hermanos 1858).
Boletín
Judicial de la Suprema Corte de Justicia 1 (Editorial del Caribe 1910).
Inter American Commission on Human Rights, supra note 23, at 77 to 80
Fundación Global Democracia y Desarrollo (Funglode), the Global Foundation for Democracy and Development (GFDD) is a Non Profit Organization established to promote collaboration between organizations in the United States and the Dominican Republic, to study and foster research, in areas critical for economic, social and democratic development in the Dominican Republic and the Region http://www.globalfoundationdd.org/ [English].