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The Dominican Legal
System, for the most part, is derived from laws or statues known as
Napoleonic code, which were introduced to the country during the period
from 1822 to 1844, when Haiti maintained political control over the
entire island of Hispanola (following the revolt and freedom from spain
in 1821). To be sure, the influence of French government and
ideals goes deeper than just this period. France actually controlled
the present day Dominican Republic during different periods of it's
history, so it is not so unusual to find this Spanish speaking country
with a legal system based upon the French model.
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The legal system then is
that of Civil Law and not Common Law. For a generalized
comparison, this means that judges hear and decide cases, not juries.
The courts are comprised of the following:
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The
Peace Courts ~ which really can be called a sort of generalized
civil court, designed to hear small cases and those cases of a minor
nature. The cases heard in a peace court are presented in front
of a judge, who has the responsibility of hearing the case and
rendering a verdict. For the most part, since each district has
it's own peace court, we can say that this is the first level court to
hear local matters and disputes.
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The
Courts of First Instance ~ Like the peace courts, there is only
one judge assigned to hear and decide a case. These courts are
more specialized than the peace courts and are broken down into
chambers according to the nature of the case being heard. As an
example, there may be separate chambers for civil matters, criminal
matters and commercial matters. To highlight the difference
between this and the peace courts; a dispute with your neighbor over
his dog tearing up your garden will be heard by a peace court. A
dispute over legal land title or a more serious criminal matter would
go to a court of first instance.
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The
Appeals Courts ~ Consisting of a five judge panel, the appeals
courts have the responsibility to hear cases or verdicts previously
rendered by a court of first instance. In simpler terms, if you
disagree with the judgement presented by a judge in the court of first
instance, you may appeal your case to the appeals courts. This
system is quite different than the American System, in that there is a
panel of five judges who must collectively render a decision on a case
and decide if the judge in the courts of first instance was correct or
not in his decision.
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The
Supreme Court of Justice ~ Consisting of a 16 judge panel, the
supreme court has the responsibility to hear cases decided upon in
other courts. The supreme court however can only review a case
whereby the interpretation of the law is in question.
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This Information has been prepared
and compiled by Mr. John Schroder. Mr. Schroder maintains an
office in Santo Domingo and in Panama. His firm provides
assistance with company incorporations in the Dominican Republic,
Offshore incorporations in other tax haven jurisdictions, Residency in
the Dominican Republic and Panama, Assistance with Banking and
Investments, Real Estate matters and company representation. To contact
his firm, please click below:
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