do business in the Dominican Republic - Pellerano & Herrera

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LITIGATION1LEGALAND JUDICIALSYSTEM136LEGAL SYSTEMThe Dominican Republic is a civil law jurisdiction belonging to the family ofRoman-Germanic Law. The Dominican legal system is based on the NapoleonCodes adopted in France at the beginning of the 19th century, which were formallyincorporated into the Dominican legal system in the year 1884.There is a Civil Code, a Civil Procedure Code, a Commercial Code, a CriminalCode and a Criminal Procedure Code. Dominican judges are greatly influencedby French judicial precedents when interpreting the provisions of such codes.Although these codes have been greatly modified through the years, many oftheir provisions are already obsolete, and the National Commission for Reformand Modernization of Justice has been working for several years in the elaborationof new drafts that have been subject to public consultation with differentsectors of society and that should be subject to Congress in the near future.JUDICIAL ORGANIZATIONThe Dominican judicial system is also largely based on the French judicial organizationsystem. Its basic structure results from the Constitution (Articles 63-77),and the Judicial Power Organic Law (Law 821 of 21 November 1927 as amended).Its functioning is regulated under the Civil Procedure Code, the CriminalProcedure Code, the Law on Appeals Procedure, Law 327-98 on Judicial Career,and Law 46-97 on Budget Autonomy of the Legislative and Judicial PowerThe Dominican judicial system is composed as follows:Peace Courts, which are formed by one judge and may be considered as the competentcourts for small cases.There is a Peace Court in each Judicial District.Courts of First Instance, which are formed by one judge and have jurisdiction
Pellerano & HerreraAttorneys at lawover all matters non-expressly attributed by law to another court.There is a Courtof First Instance in each Judicial District.These courts are divided into a CriminalChamber and a Civil and Commercial Chamber.Appeals Courts, which are formed by five judges and review the judgments renderedby the Courts of First Instance. There is an Appeals Court in everyDepartment, each Department comprising five Judicial Districts. These courtsmay be divided into a Criminal Chamber and a Civil and Commercial Chamber.Supreme Court of Justice, which is formed by sixteen judges and may review thejudgments rendered by all other courts,but only in questions of law,without goinginto the facts of the case.The National Council of Magistrates appoints the judgesof the Supreme Court of Justice pursuant to Law 169 of 2 August 1997.This institutionhas its roots in the French judicial system and seeks to increase the independenceof the judicial power from the executive and legislative branches.There are also specialized courts with jurisdiction over specific areas.These arethe following:Labor Tribunals and Courts. Created by the Labor Code to solve conflictsbetween workers and employers.Litigious-Administrative Tax Court. It is formed of five judges and hasjurisdiction over appeals filed against decisions of the public administrationregarding the application of taxes.Land Courts. Created by the Land Registration Law with jurisdiction overland demarcation procedures.These are Original Land Courts (one judge) andSuperior Land Courts (several judges).Tribunal and Appeals Court of Minors. Created by Law 14-94 on MinorsProtection Code.In addition, there are other non-judicial courts with jurisdiction to solve certaintypes of conflict. These are: the Central Electoral Board, which solves conflictsarising from elections, the Higher Administrative Court (Law 1494 of 1947), thePolice Court (Law 285 of 1966, as amended) and the Military Court (Law 3489 of1953).2JURISDICTIONOF DOMINICANCOURTS137FOREIGN ELEMENTS IN DOMINICAN COURTSCivil and procedure laws regulate the participation of foreign elements in theprocedures followed before Dominican courts.Choice of Foreign LawsAs a result of the principle of contractual freedom, foreign laws may be chosenas the applicable legislation to an agreement signed in the country, as long assuch laws do not contradict public order provisions, which cannot be disregardedby private agreements.Foreign laws may thus be accepted and considered valid by Dominican courts,and the interested party must then present the proof of its contents. If such a
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FOREWORDA place to invest ...The Do
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MAININVESTMENTSECTORSThe Dominican
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