In a globalized world, physical borders do not stop civil, commercial, or family relationships. This is increasingly the case. común a Tribunal extranjero dictate a sentences that must be supplied effects patrimonial or personal in the territorio Dominican. For that foreign decision to acquire force enforceable in our country, the right international private establishes a mechanism of homologation rigorous known as the exequatur.
The regulatory framework of the Act Law International Private
Historically, the proceedings de exequatur in the Republic The Dominican Republic was scattered and sujeto to analogical interpretations of nineteenth-century codes. Without embargo, The promulgation of the Act 544-14 envelope Law School International Private came to settle this debt legislative, providing the country of a modern, clear, and systematic regulatory framework. This law establishes the rules of competition, the right applicable and, specifically, the strict conditions that a foreign decision must meet to be recognized and enforced by our courts.
Essential requirements for the homologation
El proceedings de exequatur, which is aired before the Camera Civil law y Commercial of the Court de First Instance, is not a review of the fondo of the litigation originalThe Dominican judge is prohibited from reopening the debate about who had the reason at the country of origin. labor It is limited to a regularity check formal and systemic compatibility.
so that the homologation prosper, the sentences foreigner must comply with non-negotiable requirements. It must haber has been dictated by a Tribunal competent according to the standards of jurisdiction international In addition, it must have authority of the thing irrevocably judged in the State of origin, without resources earrings failureLikewise, it should be to guarantee through conclusive evidence that the part The defendant was duly notified, respecting her sacred right to the due proceedings and the protection effective judicial.
The insurmountable filter of order public
El requirement The most closely evaluated by Dominican courts is compatibility with the order public international Dominican. If a sentences foreign law contains provisions that clash head-on with the values fundamental, the derechos constitutional or mandatory laws of the Republic Dominican, the exequatur will be denied mapThis filter is the safety valve that protects the sovereignty legal of the State, ensuring that the opening to the Justice international does not translate into the import of decisions that subvert the basic principles of our coexistence legal e institutional.
