Guide to Legal Research in
the Dominican Republic
By
Marisol Florén-Romero[1]
Marisol Florén-Romero
earned her PhD in Library and Information Science from the University of
Illinois in Urbana – Champaign in 1994, and a Masters Degree in Library
Science with a minor in Latin American Librarianship from the University of
Texas, in Austin, Texas. She worked for ten years in the Dominican Republic in
judicial reform programs under the Supreme Court of Justice of the Dominican
Republic, and as legal information specialist for Pellerano & Herrera Law
Firm, developing Infojuris, the
electronic database of Dominican legal materials. Marisol Floren is co-author
with Frank Moya Pons of Bibliografia del
Derecho Dominicano an index to Dominican legal literature from 1844 to 1996.
She currently works as the International and Foreign Reference Librarian at
Florida International University (FIU), College of Law Library.
Published
April 2007
Table of Contents
Treaties and International Agreements
General Information
Historical
Background
The
Dominican Republic is located in the Caribbean between the islands of Cuba and
Puerto Rico. It shares with Haiti the island of Hispaniola, occupying two
thirds of the eastern side of the island. It occupies 48,730 square kilometers,
making it the second largest island of the Greater Antilles, and supports a
population of 8.9 million inhabitants.
Discovered
by Christopher Columbus in 1492, the Dominican Republic was colonized by Spain
until 1795 when, pursuant to the Treaty of Basle, which ended the war between
France and Spain sparked by the French Revolution, Spain ceded to France the eastern
side of the island, giving to France control over the entire island of
Hispaniola[2].
From 1607 forward France began to advance and colonize
the western side of Hispaniola by taking over large portions of land belonging
to Spain and converting them into agricultural developments, raising cattle,
and stimulating an economy of French commercial goods[3].
The French colony which flourished on the western one-third of the island was
officially recognized by Spain in 1697 under the Treaty of Ryswick. Soon after,
the French colony of Saint Domingue was established which divided the island into
two distinctive cultures -- The French on the western side of the island and
the Spanish on the eastern[4].
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)[5].
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)
Structure of the Government
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
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[6].
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 18 ministers, denominated Secretarios
de Estado (Secretaries of State), 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[7].
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
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 has the authority to review and approve the national
budget submitted by the Executive Power.[8]
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 Gaceta Oficial (Official Gazette). 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 177 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
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[9].
The Boletín Judicial (Judicial Bulletin) is the official reporter of the
Supreme Court of Justice decisions.
The Legal System
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, under the Ley Orgánica de los Tribunales of 1845 (Organic Law of the Tribunals)
a mixed judicial organization was applied by the Dominican Republic. The French
Codes of 1815 (Códigos Franceses de la Restauración) 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 - the Penal Code,
the Code of Criminal Procedure, the Civil Code, the Code of Civil Procedure,
and the Commercial Code - were published in the Judicial Bulletin of the
Supreme Court of Justice instead of the Official Gazette.
During
the United States’ military intervention (1916 - 1924), the legal system was
disrupted and the U.S. Military Government ruled the country by martial law through
legal instruments denominated as Ordenes Ejecutivas (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, enacted July 1, 1920, on Real Property by
which the Torrens system of land registration was adopted as the land title system
of the Dominican Republic. It was modeled after the Philippines and Australian
Torrens system, and remains in effect today[12].
Following
the U. S. occupation, during the Trujillo Era (1930 -1961), several important
laws were enacted: Labor Code (1951);
Health Code (1956); establishment of Courts for Minors (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.
Legal Reforms
Since
1991 the Dominican Republic has undergone major comprehensive judicial reforms.
Initiatives directed towards justice and law reform took place within the
context of government modernization efforts, 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[13].
Main
objectives of the 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.[14]
Comprehensive
judicial reforms were pursued so as to modernize court administration, judicial
budgets and court facilities, and to automate processes used for case and
record management. Legal education programs were developed for judges and
prosecutors through the Escuela Nacional de la Judicatura (National Judiciary
School) and the Escuela Nacional del Ministerio Publico (National School for
the Public Ministry).
ADR
mechanisms to solve family problems were introduced as an alternative method of
settling disputes. The Oficina Nacional de la Defensa Publica (Public Defenders
Office) was established to provide legal assistance to those who could not afford
to seek legal assistance.
Most
recent legislature reforms have 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[15].
There are several official institutions responsible
for promoting and coordinating on-going judicial reforms in the Dominican
Republic. Most active are the Comisionado de Apoyo a la Reforma y Modernizacion
de la Justicia, CARMJ (Commissioner for the Modernization and Reform of
Justice), the Comisión Nacional de Ejecución de la Reforma Procesal Penal,
CONAEJ (National Commission for the Enforcement of the Criminal
Procedure Reform), and the Comisión para la Ejecución de la Justicia de
Niños, Niñas y Adolescentes, CEJNNA (Commission for the Enforcement of the
Justice for the Minors). CARMJ publishes Novedades
de la Reforma a newsletter dedicated to judicial reform developments. 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.
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 Courts
for Minors, Labor Courts, and the Tax Court, better known as the Tribunal
Contencioso Tributario.
Supreme Court of Justice
The
Supreme Court of Justice is composed of 16 Magistrates elected by The National Council of the Magistrates, pursuant to Ley 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.[16]
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 Judicial Power, and sets
the salaries and remunerations for judges and administrative personnel.
The
official reporter of Supreme Court of Justice decisions is the Boletín Judicial
(Judicial Bulletin), which also is published electronically on the Supreme Court of Justice homepage under Boletines Judiciales.
Major
provisions which govern the Supreme Court of Justice include the following:
- La Constitución de la
Republica Dominicana (The Constitution of the Dominican Republic) Articles 63
to 77.
- Ley No.194-04
sobre autonomía presupuestaria y administrativa del Ministerio Público y
de la Cámara de Cuentas de la República Dominicana y establece el monto
presupuestario de estos y de los Poderes Legislativos y Judicial, que
disfrutan de dicha autonomía mediante la Ley No. 46-97, del 18 de febrero
de 1997. (Allocating a percent of the
National Budget to the Legislative and Judicial Powers)
- Ley No. 50-00,
que modifica los literales a) y b) del Párrafo I del Artículo 1 de la Ley
No. 248 del 1981 (Modifying Ley No. 248, 1981 On Judicial Organization)
- Ley No. 327-98
July 9, 1998 de Carrera Judicial (Establishing a Professional Career
Service for the Judiciary)
- Ley No. 156-97,
que modifica la Ley Orgánica de la Suprema Corte de Justicia Ley No. 25-91
(Modifying the Organic Law of the Supreme Court of Justice)
- Ley No. 169-97,
Ley Organica del Consejo Nacional de la Magistratura (Organic Law of the
National Judicial Council)
- Ley 46-97, que
consagra la autonomía presupuestaria y administrativa del Poder
Legislativo y Poder Judicial (On the Administrative and Budgetary Autonomy
of the Judicial and Legislative Powers)
- Ley No. 25-91,
que crea la Ley Orgánica de la Suprema Corte de Justicia (Organic Law of
the Supreme Court of Justice)
- Ley No. 821,
1927, de Organización Judicial
(on Judicial Organization) and modifications
Courts of Appeal
There
are ten 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, Government Attorneys (Procuradores Fiscales), and Provincial 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, on the Supreme Court of Justice homepage.
Courts of First Instance
The
Courts of First Instance are divided into Criminal, and Civil, or Commercial Chambers.
Depending on the size of the District, these courts may be subdivided into Salas
(Halls). The National District has five Civil and Commercial Halls, and twelve
Criminal Halls. The Chamber President distributes the cases among the different
halls through a random allocation system.
Justices of the Peace
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, empower 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.
Special Courts
Court of Minors
The
Court of Minors addresses both civil and criminal matters, particularly issues pertaining
to paternity, guardianship, visitation rights, alimony and adoption. There are seventeen
Courts of First Instance for Minors and five Courts of Appeal, which are
located in the cities of Santo Domingo, Santiago, San Pedro de Macorís, San Cristóbal
and La Vega.
Labor Courts
The
Labor Courts were created by the Labor Code to resolve conflicts between
workers and employers. There are thirty four Labor Courts of First Instance and
eleven Labor Courts of Appeal. For large Districts these courts can be
subdivided into Salas (Halls). The Labor Court of First Instance for the
National District has six halls.
Land Courts
The
Land Courts are concerned exclusively with procedures relating to clearing title
to property, registering real property, and resolving other questions relating
to real property. The Land Courts include two Tribunales Superiores de Tierras
(High Land Courts), one in Santo Domingo and another in the city of Santiago, and
twenty Land Courts of original jurisdictional. For each a sole judge decides
all matters relating to real property.
The
High Land Courts are primarily appellate courts and hear appeals from the Land
Courts of original jurisdiction. Each High Land Court sits at least five judges,
but Land Court proceedings are presided by a sole judge.
The
major laws regulating the Land Courts are: the Ley No.108-05 of 2005, de
Registro Inmobiliario (Registry of Real Property) and its Regulations, the Reglamento
General de Registros de Títulos (Rules for the Registry Offices), and the Reglamento
de los Tribunales Superiores de Tierras y de Jurisdicción Original de la
Jurisdicción Inmobiliaria (Rules for the Land Courts).
Tax Courts
The
Tribunal Contencioso Tributario (Tax Court) 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 Tribunal Contencioso
Tributario have been reported since August 1996 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 (Ley No. 1494 of 1947), the Police Court (Ley No. 285 of 1966, as
amended) and the Military Court (Ley No. 3489 of 1953).
Public
Ministry
The
Public Ministry 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 que
crea el Estatuto del Ministerio Publico (The Public Ministry Statute).
The
Public Ministry 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 (Abogado del Estado)
who are part of the Public Prosecutors Office, appear before the Higher Courts
of Land and its attachments.
Major legislation enacted which governs the Public
Ministry include the following:
- Ley No. 78-03 Estatuto
del Ministerio Publico (The Public Ministry Statute)
- Reglamento No. 4-06
de la Carrera del Ministerio Público. (Professional Career Service for the
Public Ministry) see under Procuraduria General de la Republica /
Dependencias / Escuela Nacional del Ministerio Publico
Primary Sources of Law
Constitution
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: a) it established the Consejo Nacional de
la Magistratura[17], 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.[18]
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 enacted
which addressed electoral matters.
The Constitution of
the Dominican Republic, enacted July 25, 2002 (as found on three sites, below):
- http://www.suprema.gov.do/codigos/WelcomeContC.htm
- http://funglode.org/cid/tratados_rd/marco_legal.htm
- http://www.cervantesvirtual.com/portal/constituciones/pais.formato?pais=Rep_Dominicana&indice=constituciones
Codes
Civil Code
The
dominant legal basis of the Civil Code of the Dominican Republic is the
Código Civil de la Republica Dominicana, 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.
Codigo Civil (Civil
Code) (see also here)
Code of Civil Procedure
The Código de Procedimiento Civil (Code of
Civil Procedure) 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.
Codigo de Procedimiento Civil
(Code of Civil Procedure) (see also here)
Commercial Code
The Código de Comercio (Comercial Code) was
enacted by the Decree of June 5, 1884. With modifications, this Code is still largely
in effect today. The fundamental reforms of the Commercial Code were authorized
by Decree No. 104 of 1997 and No. 556 of 1999, still pending before the
Dominican Congress.
Codigo de Comercio
(Commercial Code) (see also here)
Criminal Code
The Código Penal de la Republica Dominicana (Criminal
Code) was enacted by the Decree of August 20, 1884. The last major amendments
to the Criminal Code were: Ley No. 24 -97 of
January 27, 1997, on Family Violence; Ley No. 46-99, enacted in May 20, 1999, updating
the types of penalties in criminal matters; and Ley
No. 36-00, modifying articles 311 and 401 of the Criminal Code, expanding the
jurisdiction of the Justices of the Peace. The fundamental reforms of
the Criminal Code authorized by Decrees No. 104 of 1997 and No. 556 of 1999 are
still pending before the Dominican Congress.
- Código Penal (Criminal
Code) (see also here)
- Ley No. 24-97
que introduce modificaciones al Código Penal, al Código de Procedimiento
Criminal y al Código para la Protección de Niños, Niñas y Adolescentes
- Ley No. 36-00
que modifica los artículos 311 y 401 del Código Penal Dominicano
Code of
Criminal Procedure
The new
Código Procesal Penal de la Republica Dominicana (Code of Criminal
Procedure) was promulgated in July 19, 2002, by Ley No. 76-02, effective on September
27, 2004. It abrogates and replaces the 1894 Código de Procedimiento Criminal.
This
recent Code reform effectively ended the French judicial tradition, originally
adopted by Decree No. 58, July 4, 1845. This new Code constitutes a profound
transformation of the criminal procedure system in the Dominican Republic. 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; Judges of the First Instance; Trial Judges (Jueces de Instrucción); 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 Instruction) 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 Jueces de Ejecución de la Pena (Judges of Criminal Court) 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.
Código de Procedimiento Criminal (Code of Criminal
Procedure) and other Related Legislation:
- Ley No. 76-02
que crea el Código Procesal Penal de la República Dominicana (alternately here)
- Resolución No. 296-2005,
que establece el Reglamento Juez de la Ejecución de la pena aplicado al
Código Procesal Penal (Rules for the Criminal Court Judges)
- Ley No. 278-04 sobre la
Implementación del Proceso Penal instituido por la Ley No. 76-02. (On the Implementation of the Criminal Procedure Code)
- Ley No. 277-04,
sobre el Servicio Nacional de la Defensa Publica (on a National Service
for Public Defense)
- Resolución No. 1735-05 que establece el Reglamento sobre los Tribunales
Colegiados de 1ra. Instancia de la Jurisdicción Penal. (Rules for the
Collegiate Courts)
Tax Code
The Codigo
Tributario de la Republica Dominicana (Tax Code) enacted by Ley No. 11-92, in May 16, 1992,
que aprueba el Código Tributario de la Republica Dominicana.
The
Code covers matters regarding income tax, tax on the transfer of industrialized
goods and services (ITBIS), and selective consumption tax. The Dirección General
de Impuestos Internos (The Internal Tax Office) 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 were introduced in the years
2000, 2004, 2005 and 2006, modifying tax figures and institutions. The most
recent amendments to the Tax Code are:
·
Ley
No. 147-00 Reforma Tributaria, que modifica el
Código Tributario (on Tax Reform)
· Ley No. 12-01 modificando la Ley No 147-00
·
Ley No. 11-01 Ley
Sobre Amnistía Fiscal (on Fiscal Amnesty)
· Ley No. 3-04 que modifica el Impuesto Selectivo al Consumo (on Selective Consumption Tax)
· Ley No. 288-04 Reforma Fiscal (on Fiscal Reform)
· Ley No. 557-05 sobre Reforma Tributaria (on Tax
Reform)
· Ley No. 495-06 Rectificación Tributaria (on Tax Rectification)
· Ley No.
227-06 que otorga
personalidad jurídica y autonomía funcional, presupuestaria, administrativa,
técnica y patrimonio propio a la Dirección General de Impuestos Internos (DGII)
(on the autonomy of the Internal Tax Office) see also here.
Labor Code
The Codigo de Trabajo
de la Republica Dominicana (Labor Code) was enacted by Ley 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 completely modified the social security system of the Dominican
Republic. It abrogates Ley 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 (alternately on the ILO website)
· Ley No. 87-01 que
crea el Sistema Dominicano de Seguridad Social (Creating the Dominican Social
Security System) (alternately here)
Code of the
Minor
The Código para
el Sistema de Protección de los Derechos
Fundamentales de Niños, Niñas y Adolescentes (Code of the Minor) enacted by
Ley No. 136-03 of August 7, 2003. This Code abrogates the following laws: Ley
No. 14-94, 1994, Código para la Protección de Niños, Niñas y Adolescentes; Ley
No. 603-41 sobre Tribunales de Menores, and Ley 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.[19]
The
text of the Code is
available on the Supreme Court of Justice homepage along with several Resolutions
regulating the jurisdiction.
A major piece of legislation related
to minors and family matters is Ley No. 24-97, que
introduce modificaciones al Código Penal, al Código de Procedimiento Criminal y
al Código para la Protección de Niños, Niñas y Adolescentes, better known as
Ley de Violencia Intrafamiliar (Law on Family Violence), promulgated in January
27, 1997.
Monetary
and Financial Code
The Ley Monetaria y Financiera (Monetary
and Financial Code) enacted as the Ley No. 183-02, of November 21, 2002. This Code,
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 the Ley General de Bancos No. 708-65, of April 14, 1965 (General
Banking Law) and the Ley Organica del Banco Central No. 6,142 of December 29,
1962 (Organic Law of the Central Bank).
The
banking system also is subject to the provisions contained in the resolutions
dictated by the Junta Monetaria (Monetary Board). The Monetary Board, the
Central Bank and the Superintendence of Banking are the state agencies responsible
for regulating and supervising the financial and monetary sector of the
Dominican Republic.
- Ley No. 183-02
Ley Monetaria y Financiera (Monetary and Financial Code) (alternately here)
Other
major pieces of legislation regulating the banking and financial system of the
Dominican Republic are the following:
- Reglamento Monetario e
Instrumentos de Política Monetaria, Resolución de la Junta
Monetaria 2006/11/28
- Ley No. 92-04 Riesgo
Sistémico (Risk Prevention to Financial Entities)
- Ley No 19-00 de Mercado de Valores (on Stock Market)
promulgated in May 8, 2000 and its application regulations, Presidential
Decree No. 201-02, of March 19, 2002.
- Ley No. 72-02 contra el lavado de activos procedentes del tráfico
ilícito de drogas y sustancias controladas y otras infracciones graves (On
Laundering of Assets) and Presidencial
Decree No. 20-03, of January 14, 2003.
Other Laws
Real Property
The
prevalent registration system in the Dominican Republic is the Torrens system
of real property registration, established by Executive Order No. 511, July 1,
1920 followed by Ley No 1542, October 11, 1947, de Registro de Tierras (on Real Property).
This Law has been in effect for 75 years.
An
important reform took place in 2005 when Ley No. 108-05 de Registro
Immobiliario (Registry of Real Property), 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 different regulations governing the three main institutions
of the system: surveyors, judges and title registrars. The main pieces of
legislation regulating the land jurisdiction are the following:
- Ley No.108-05, de Registro Inmobiliario (Registry
of Real Property)
- Reglamento de los
Tribunales Superiores de Tierras y de Jurisdicción Original de la
Jurisdicción Inmobiliaria (Rules for the Land Courts)
- Reglamento General de los
Registros de Títulos (Rules for the Registry Offices)
- The Regulations for
the Dirección General de Mensuras Catastrales (The Surveyors Office) is
still pending in the Supreme Court of Justice.
Intellectual Property Laws
The Ley No. 20-00 de Propiedad Industrial, (on
Industrial Property) enacted on May 8, 2000, derogates and replaces Ley No.4994
of April 26, 1911 on Patents and Inventions, and Ley 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 Oficina
Nacional de Propiedad Industrial, ONAPI (National Industrial Property Office). Presidential
Decree No. 599-01 provides for the regulation of Ley No. 20-00.
The
Ley No. 65-00 de Derechos de Autor
(Copyright Law) protects ownership rights over scientific, artistic or literary
works. It replaces Ley No. 32-86 on Intellectual Property Rights. Decree No. 362-01,
enacted on March 14, 2001, contains the applicable regulations. The Oficina
Nacional de Derechos de Autor (ONDA) is the state agency charged with granting
and registering copyrights.
· Ley No. 20-00 de Propiedad Industrial (on Industrial
Property) (alternately here)
· Ley No. 65-00 de Derechos
de Autor (Copyright Law)
Telecommunications Laws
The
Ley General de Telecomunicaciones
(General Telecommunications Law) Ley 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 law derogates Ley No. 118 of 1996 on Telecommunications. The
regulatory body of the sector is the Instituto Dominicano de Telecomunicaciones,
INDOTEL, (Dominican Institute for Telecommunications)
- Ley No. 153-98,
Ley General de Telecomunicaciones (General Telecommunications Law) (English)
One
other recent related piece of legislation is:
· Ley No. 126-02, Ley
de Comercio Electrónico, Documentos y Firmas Digitales (E-Commerce, Electronic Documents
and Digital Signatures) (English and Spanish)
Foreign Investment
The Ley de inversion extranjera (Foreign
Investment Law) was enacted by Ley No. 16-95, November 20, 1995 and
its regulation, the Reglamento de Aplicacion No. 214-04, was enacted on March
11, 2004. These enactments abrogate Ley No. 861 of 1978, and Presidential Decree
No. 380-96. This legislation marked the beginning of significant reforms
eliminating restrictions to foreign investment and promoting the flow of
capital into the country. The State agency responsible for promoting a favorable
investment climate in the Dominican Republic is the Centro de Exportación e
Inversion de la Republica Dominicana, CEI-R (The Center for Exports and
Investment of the Dominican Republic)
· Ley No. 16-95 sobre
Inversión Extranjera y Reglamento 214-04 (alternately here)
Environmental Laws
The Ley General de Medio Ambiente y Recursos Naturales
(Environmental and Natural Resources Law), Ley No. 64-00, was promulgated on August
18, 2000. With Ley No. 202-04, Ley Sectorial de Areas Protegidas (Sectoral Law
of Protected Areas), 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 Secretaria de Estado de Medio Ambiente y Recursos Naturales
(Secretariat of State for Environment and Natural Resources) is the State
agency responsible for the protection of the environment and development of
natural resources.
Ley No. 64-00, (also
here) Ley General
de Medio Ambiente y Recursos Naturales, and Ley No. 202-04 (also
here) Sectorial de Áreas
Protegidas.
Public Health
The Ley General de Salud (General Health
Law), Ley No. 42, 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 Ley No. 4471, of June 3, 1956, known as the Código de
Salud (Health Code). A National Health Commission was created to promote
overall modernization of the health sector. The Secretariat
for Public Health and Social Welfare is the agency in charge of health services
and is responsible for overseeing compliance with the Law.
·
Ley No. 42-01, Ley General de Salud (General
Health Law) (alternately here)
· Ley No12-06, sobre
Salud Mental (on Mental Health)
Law Reports
The
Gaceta Oficial[20]
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. Published by the Consultoría Jurídica del Poder Ejecutivo, the entire
Gaceta Oficial is not accessible electronically, however, the Presidential Decrees
have been published electronically, since August 16, 2004, on the Presidency of
the Republic homepage.
Compilation of Laws
A major compilation of Dominican Republic laws was
undertaken by Emmanuel Esquea Guerrero and Raymundo Amaro Guzman in 1982, and
published under the title Coleccion de
Leyes, Decretos y Resoluciones Emanadas de los Poderes Legislativo y Ejecutivo
de la Republica Dominicana (Santo Domingo: Oficina Nacional de Administración y Personal, 1982 -1988). Fifty six volumes were
published, covering the laws, resolutions, decrees and regulations from 1844 to
1983, arranged in chronological order. Unfortunately, this effort was not
continued and the country still does not have a law reporting system separate from
the official Gaceta Oficial publication.
Another effort was undertaken by William C. Headrick, Compendio de Legislación y Jurisprudencia
Dominicana: Indice de la Legislacion Vigente en la Republica Dominicana en Fecha
31 de Diciembre de 1980 y Compilación de la Jurisprudencia Sentada por la
Suprema Corte de Justica Durante la Decada 1970-1979 (Santo Domingo: Amigo
del Hogar, 1981) covering law and case law. This first volume was followed by
two supplements: the First Supplement covered years 1980 to 1982 (Santo Domingo:
Amigo del Hogar, 1983, p. 91), and the Second Supplement covered years 1983
– 1986 (Amigo del Hogar, 1987, p. 157); These were followed in 2000 by the
Compendio Juridico 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). This latter publication is available electronically.
Case Law Reports and Digests
The
Boletín Judicial de la Suprema Corte de
Justicia[21],
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
The
most current case law digests were compiled by Manuel Berges Chupani and Almanzor
Gonzalez Canahuate. A list of the main titles are presented here.
- Manuel Berges Chupani, Diez Años de Jurisprudencia Dominicana, años
1947-1956 (Editora del Caribe, 1957).
- Manuel Berges Chupani, Jurisprudencia Dominicana, 1957 – 1961
(Editorial La Nacion, 1963).
- Manuel Berges Chupani, Jurisprudencia Dominicana, 1962 – 1966
(Secretaria de Educación, 1967).
- Manuel Berges Chupani, Jurisprudencia Dominicana, 1967-1972 (UNPHU, 1975).
- Manuel Berges Chupani, Jurisprudencia Dominicana, 1973-1975
(Imprenta Amigo del Hogar, 1976).
Starting February 18, 1997, Manuel Berges Chupani reports the decisions of the Supreme Court of Justice in every issue of the journal Gaceta Judicial. - Almanzor González Cacahuate, Recopilación Jurisprudencial Integrada
de las Decisiones de la Suprema Corte de Justicia de la Republica
Dominicana, 16 v (1975 to present). This publication is organized by
topics.
- Carlos Gaton Richiez, La Jurisprudencia en la Republica Dominicana:
Doctrina y Legislación, 1865-1938 (Editorial El Diario, 1943) p. 773.
- Pablo Antonio Machado, La Jurisprudencia Dominicana en la Era de
Trujillo. (Imprenta Dominicana, 1958) 2 v.
- Pablo Antonio Machado, Jurisprudencia Dominicana, 1938-1960 (1964)
2 v.
- Pablo Antonio Machado, Jurisprudencia Dominicana, 1960 – 1976
(Editora de la UASD, 1977) 2 v.
- Pablo Antonio Machado, Jurisprudencia Dominicana, 1977 -1979 (Editora
Taller, 1981) p. 243.
Treaties and International Agreements
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[22].
International treaties now in effect in the
Dominican Republic can be found at the following sites:
·
Suprema Corte de Justicia,
under Convenios Internacionales.
·
Secretaria de Estado de Relaciones Exteriores (SEREX)
– click under Tratados, Acuerdos.
SEREX maintains a database of International
Agreements effective in the Dominican Republic. It includes the name of the
legal instrument, type of document, and the date of signature and its entry
into force. It also includes, in electronic format, the most important compilations
of Agreements and Conventions ratified by the Dominican Republic.
Also see Centro de Exportación e Inversión de la
Republica Dominicana, CEI-RD – under Acuerdos y Programas / Acuerdos
Comerciales y Programas Preferenciales; and also under Acuerdos para Promocion y Proteccion de las Inversiones.
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.
Fundación Global Democracia y
Desarrollo (Funglode)[23] an NGO
– under Tratados.
Funglode
provides free access to the electronic text of the book, Tratados y Acuerdos Internacionales de la Republica 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.
The
Organization of American States (OAS) and the Inter American Development Bank
(IDB) maintain sites containing information on bilateral investment treaties
and trade agreements in effect in the Dominican Republic.
- Organization of American
States (OAS), under Sistema de Información sobre Comercio
Exterior (SICE)
- Interamerican Development
Bank (IDB) under Compartiendo Información con los Congresos
–Acuerdos de Inversion –Republica Dominicana (Investment
Agreements)
Secondary Sources
Reference
Sources
Following
are a selection of Dominican reference sources useful for legal research in the
Dominican Republic.
Frank Moya
Pons, Marisol Floren Romero, Bibliografía del Derecho Dominicano, 1844- 1998
(Imprenta Amigo del Hogar 1999) 2 v. This two volume set contains a comprehensive
bibliography of monographs and journal titles, and also an index of the
periodical legal literature of the Dominican Republic from 1844 to 1998. It has
not been updated since 1999.
Wenceslao Vega y Américo Moreta Castillo, Historia del
Poder Judicial Dominicano (Suprema Corte de Justicia, 2005) p. 624. A well documented historic
research of the Judiciary in the Dominican Republic from 1844 to 2004.
Wenceslao Vega, Historia del Derecho Dominicano (Nueva
Edición Actualizada hasta 2002, 2003). p. 471. This treatise is one of the most
complete recounts of the history of law in the Dominican Republic, since the
colonial times to present. It contains an extensive bibliography and references
to key documents for the history of Dominican law and legal institutions.
Wenceslao Vega, Los Documentos Básicos de la Historia
Dominicana (Editora Taller, 1994) p. 391. This book is an annotated
compilation of the major historic treaties of the Dominican Republic, starting
with the Capitulaciones of Santa Fe of 1492, to the Acta de Reconciliación Dominicana, and the Acta Institucional both of 1965, which ended
the Civil War of 1965.
Doing
Business in the Dominican Republic (Pellerano & Herrera 2006) p.144.
Legal Journals
Estudios Jurídicos, v.
1 no. 1 – (1967)- . Santo Domingo: Ediciones Capeldom, 1967- Latest
issue 12(1): January-December, 2003.
Gaceta Judicial, ano
1, no. 1 (Febrero 1997) - Santo
Domingo: Editora Judicial y Editorial AA, 1997 - Latest issue No. 241, December, 2006.
Revista de
Ciencias Jurídicas no. 1 (Octubre / Diciembre 1977-) Santiago, R.D. : Universidad Católica
Madre y Maestra, Departamento de Ciencias Jurídicas, 1977 to 2002. The last number
published was the September – December, 2002 issue. A Supplement to this
journal was published under the title, Teoría
y Practica del Derecho, v. 1. , no. 1- Septiembre – Diciembre,
2004. Santo Domingo: PUCMM, RSTA,
2004 – Only one issue of the supplement was published.
Revista de
Ciencias Jurídicas y Políticas, ano. 1 no. 1 (Agosto – diciembre, 1990. Santo
Domingo: Universidad Nacional Pedro Henríquez Ureña, 1990 – 1992.
Published irregularly.
Legal Databases
Several efforts have been made by private entities to
develop legal information databases in the Dominican Republic. The most
relevant are:
Info-Compu - This fee-based database indexes the law of the Dominican
Republic from 1844 to 2001. It provides for the full text of the laws passed
between 1990 to 2001; the digest of decisions of the Supreme Court of Justice
from 1908 to 2001; and the full text of the cases of the Supreme Court of
Justice published in the Judicial Bulletins from 1997 to 2001.
Infojuris - This database was developed
by the Centro de Información Juridica HHB, S.A. an institution affiliated with Pellerano
& Herrera Law Firm. It is the most comprehensive electronic database of
legal materials in the Dominican Republic. It covers all statutes, laws,
decrees, resolutions, regulations, decisions of the Supreme Court of Justice
published in the Judicial Bulletin in full text, from 1844 to present. It also indexes
the legal literature of monographs and journal articles published in the
Dominican Republic. This database is not open to the public.
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.
Legal Websites
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.
One strategy for pursuing legal research in
the Dominican Republic is to combine an understanding of the major reforms
occurring within a specific sector, contained in secondary sources such as legal
guides and newsletter published by major law firms in the country, and to identify
the State agency related to the specific sector for primary sources.
The Supreme Court of Justice (SCJ) and the Dirección General de Impuestos Internos (DGII) websites contain many more primary
sources than the strictly related to their functions or mission.
The following is a list of government offices
providing access to primary legal sources:
- Suprema Corte de Justicia (Laws and Judgments)
- The Senate (Bills)
- The Chamber of Deputies (Bills)
· Banco
Central de La República Dominicana (Banks and Banking)
· Centro de
Exportación e Inversión de la República Dominicana (Investment and Trade)
·
Comisionado de Apoyo a la Reforma
y Modernización de la Justicia (Judicial Reform)
· Consejo
Nacional de Seguridad Social (Social Security)
·
Dirección
General de Impuestos Internos (DGII) (Taxation)
·
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) (Intellectual
Property)
·
Presidencia de la Republica (Decrees
and Regulations)
·
Procuraduría General de La
República (Public
Ministry)
·
Secretaría de Estado de Medio
Ambiente y Recursos Naturales (Environment
and Natural Resources)
·
Secretaría
de Estado de Relaciones Exteriores (International
Agreements)
· Secretaría de Estado de Trabajo (Labor and
Employment)
·
Superintendencia de Bancos (Finance
and Banking)
·
Superintendencia de Electricidad (Energy)
· Superintendencia de Salud y
Riesgos Laborales (SISARIL) (Labor and Health)
Legal Bookstores
There are two main bookstores located in
Santo Domingo which specialize in Dominican legal materials. Librería Jurídica
Virtual and Librería y Papelería La Filantrópica. Although Libreria Juridica Virtual has a URL, this link does
not work regularly. Libreria Juridica Virtual has a printed catalogue. However,
the Libreria y Papeleria La Filantropica does not have a complete catalogue,
making it difficult to learn about new publications.
- 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
Law Schools
Universidad Autónoma de Santo
Domingo (UASD)
The Universidad Autónoma de Santo Domingo (UASD)
is a public university. It supports the Facultad de Ciencias Jurídicas y Políticas (Faculty of Juridical and Political
Sciences), which offers a first law degree (Licenciatura en Derecho) and postgraduate education in Law
and International Relations. It also has a joint Doctoral Program in Law in
with the Universidad del País Vasco (Spain). The
library has no online public access to its resources.
Pontificia Universidad Católica
Madre y Maestra (PUCMM)
The Pontificia Universidad Católica Madre y
Maestra (PUCMM) is a private Catholic university which offers a first degree in
law (Licenciatura en Derecho). The University has two
campuses, one in the city of Santo Domingo, Recinto Santo Tomas de Aquino, and another in the city of Santiago, Recinto Santiago. The University has two Law Schools, one on each of its campuses.
Public access to the library catalogs is
available
online.
The Universidad APEC is a private university
which offers a first degree in law (Licenciatura
en Derecho). The University provides access to
the library, but the online catalog can not be accessed off-site.
Universidad Católica de Santo
Domingo (UCSD)
The Universidad Católica de Santo Domingo
(UCSD), a private Catholic university has a Law School (Facultad de Ciencias Jurídicas
y Políticas) which offers first and second degrees in Law (Licenciatura and
Doctor en Derecho). The library has no webpage and no
online access to its resources.
Universidad Iberoamericana
(UNIBE)
The Universidad Iberoamericana (UNIBE), a
private university, has a Law School (Escuela de Derecho) which offers a first
degree in law (Licenciatura en Derecho). The library has no
online access to its catalog.
Universidad Nacional Pedro Henríquez
Ureña (UNPHU)
The Universidad Nacional Pedro Henríquez Ureña (UNPHU), a private university,
has a School of Law (Escuela de Derecho) which offers a first degree in law (Licenciatura en Derecho). The Revista de Ciencias Jurídicas y Políticas
was published by the School however it ceased publication in 1992. Although the library has a web base catalog, it could not be accessed
off-site.
Law Firms
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. Two major law firms 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. Some
of their publications are: Doing Business in the Dominican
Republic (2006), Tourism in the Dominican Republic - a
Legal Guide (2004); Intellectual Property Law Legal Guide
(1999), Legal Guide to Telecommunications in
the Dominican Republic
(2001). See more on the main homepage of the firm under publications.
Headrick - Rizik - Alvarez
& Fernandez, a law firm in Santo Domingo, publishes books,
articles and newsletters on legal reforms and the legal system of the Dominican
Republic, in English and Spanish. Some of their most recent publications are: New Industrial Property Law of The
Dominican Republic (2000); New Copyright Law of The
Dominican Republic (2000); Principales Aspectos de la
Nueva Ley Monetaria y Financiera (2003). See
the law firm website under publications.
[1] I am very much indebted to Prof. Matthew Downs for his invaluable comments, suggestions and revisions to this article.
[2] Wenceslao Vega B., Los Documentos
Basicos de la Historia Dominicana 138 (1994)
[3] Salvador V. Delgado, The Legal System of the Dominican Republic, in 7 Modern Legal Systems Cyclopedia, 140.8 (Kenneth Robert Redden ed., 1984). This work is a valuable source, in English, on the evolution of the Legal System of the Dominican Republic until 1985.
[4] Wenceslao Vega B., Los Documentos
Básicos supra note 2, at 110.
[5] Salvador V. Delgado, The Legal System supra note 3, at 140.11
[6] Constitución de la Republica Dominicana Art. 49.
[7] Id., Art 55 (6)
[8] Id., Art. 37 (10, 12, 14)
[9] Id., Art. 78 to 81
[10] 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).
[11] Wenceslao Vega B., Historia del
Derecho Dominicano supra note 10, at 302.
[12] Id., 351
[13] See, Justice Delayed: Judicial Reform in Latin America (Edmundo Jarquin & Fernando Carrillo ed., Inter American Development Bank 1998)
[14] See Maria Dakolias, The Judicial Sector in Latin America and the Caribbean: Elements of Reform (World Bank 1996).
[15] Doing Business in the Dominican Republic 11 (2006).
[16] Constitución de la Republica
Dominicana Art. 67 (1)
[17] Vega y Moreta, Historia del Poder
Judicial, supra note 10, at 458 “modeled after the French Conseil Superieur de la Magistrature.”
[18] Constitución de la Republica Dominicana
Art. 63, 64 and 67.
[19] Inter-American Commission on Human Rights, Report on the Situation of Human Rights in the Dominican Republic, 69 to 76 (1999) http://www.cidh.org/countryrep/DominicanRep99/Chapter2.htm#a.Code%20of%20the%20Minor
[20] Gaceta Oficial de la Republica Dominicana
(Imprenta de García Hermanos 1858).
[21] Boletín Judicial de la Suprema Corte de Justicia 1 (Editorial del Caribe
1910).
[22] Inter American Commission on Human Rights, supra note 19, at 77 to 80 http://www.cidh.org/countryrep/DominicanRep99/Table.htm.
[23] 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].