(Gazette Official 5034, the when and where 05/21/1937) Art. 1.- (Mod. by Act No. 3932, of 20 Sept. 1954, GO 7749), to be in force as follows: way: CHAPTER I Art. 1.- The wedding It dissolves by the death of one of the spouses or by the community property or separate property.. Paragraph I.- Without embargo, in harmony with the essential properties of wedding Católico is understood that by the own done to celebrate wedding Catholic, the spouses renounce the faculty civil de ask el community property or separate property., which for this reason cannot be applied by the Civil Courts to canonical marriages. Paragraph II.- The provisions contained in the preceding paragraph shall apply to Catholic marriages celebrated from the date of the to date August 6, 1954, when and where of the exchange of ratifications of the Concordat intervened between the Republic Dominican Republic and the Holy See in Date June 16, 1954, all in accordance with the article 28, paragraph I, of the same instrument. CHAPTER II CAUSES OF DIVORCE Art. 2.- (Mod. by the Act No. 2669, of when and where December 31, 1950, GO 7231), to say the following way: Art. 2 .- The causes of divorce are: a) The mutual consent of the spouses. b) The incompatibility of characters, justified by acts whose magnitude as cause of unhappiness of the spouses and of disturbance social, sufficient to motivate the community property or separate property., will be appreciated by the judges. The paragraph of this Art. was deleted by law 3020, of 1951, GO 7316. c) The absence decreed by the Tribunal in accordance with the requirements contained in the chapter II of the title IV of the book first of the Code Civil law. of the adultery of either spouse. e) The conviction of one of the spouses to a penalty criminal. Paragraph.- The request may not be made for community property or separate property. for this cause If damnation is the sanction of political crimes. f) Serious insults or offences committed by one of the members against the other. g) The abandonment voluntary for one of the spouses to make the home, provided that he does not return to it in the term of two years. This Plazo will have as a starting point game la notification authentic. made to spouse who has left home, for another spouse. h) The drunkenness usual of one of the thick, or the use habitual or immoderate use of narcotic drugs. Art. 2.- (Transitional) of the Act No. 2669, of December 21, 1950, is modified by the Act No. 3020, of when and where July 31, 1951, to take effect as follows: way: Art. 2.- (Transitional) As the non-procreation of children during the wedding has been deleted as cause de community property or separate property. in the Republic Dominican, is understood that the demands for this cause made in accordance with the Act No. 1306-bis of May 21, 1937, will only be admitted when the site had been registered prior to the publication of the Act No. 2669 of 31/12/1950. CHAPTER III FIRST SECTION Procedure of the community property or separate property. by cause determined Art. 3.- All action de community property or separate property. by cause determined will be initiated before el Court o Court de First Instance of the Judicial District where the person resides defendant, if this one has residence known in the Republic; or before the one of the residence of the plaintiff en /// contrary. Art. 4.- The plaintiff will place, in the crafts ordinary of the locations, to defendant, so that he may appear in person, or by attorney with the power authenticIn the The hearing behind closed doors by the Court o Court will celebrate the to date and the hour indicated in the site and will give copy, in certainty of this, to defendant, of the documents that he will use in support of his demand, if any. Paragraph I.- Together with the demand, the plaintiff will communicate to the defendant la list of the witnesses that he intends to hear at the same The hearing. Paragraph II.- In all demand de community property or separate property. will be expressed summarily, penalty de nullity, the petition that regarding the guard of the children will make the plaintiff, or mention will be made of what the parties have arranged in the contract celebrated with this object. Paragraph III.- The Woman You won't need any kind of authorization to try the demand de community property or separate property.. Art. 5.- If any of the acts alleged by the plaintiff give rise to a persecution against defendant by part of the Ministry Public, the action en community property or separate property. will remain in suspense until the Court repressive has finally decided. Art. 6.- overdue el term of the site, whether the defendant whether or not he appears at the The hearing, the plaintiff, the person or represented, with the assistance of its lawyer, will explain the reasons for his demand, will present the documents that support it, will hear its witnesses if there are any, and will conclude fondo. Art. 7.- If the defendant appears at the The hearing, be it in person, be it for attorney, may propose its observations on the reasons for the demand, on the documents produced by the plaintiff, or on the witnesses heard from request of this. The defendant make heard in the same The hearing the witnesses he wishes to present, against whom the plaintiff its part, will make his observations. The defendant does not have the right to hear witnesses if he has not communicated to the plaintiff la list of these at least two days before the to date of the The hearing. Art. 8.- The secretary will draft record of the appearance of the parties, of the statements and observations of these parties, of their confessions, of the statements of the witnesses and of the objections to which they have given rise. This will be read record to the parties who will be required to sign, mentioning in that of their signatures or their declaration not power or not wanting to do so. The witnesses will sign the record al foot of their respective statements, after reading and approval, and if they cannot or do not want to sign, mention will be made in the record of this circumstance. Art. 9.- The challenges will be judged in the same The hearing, without abandon the Judge the DINING, and will be followed in everything related to the experiment by witnesses, in the matter of community property or separate property., the rules set forth in Articles 282 and following of the Code of Proc. Civil law, provided that they are not opposed by the special provisions established in this document. Act. Paragraph.- They will not give rise to any tack the relatives of the parties, exception of their children or descendants, nor the servants of the spouses, in reason of this quality. Art. 10.- Once the The hearing, the Court will order the communication of the office hour al Ministry Public, to rule on the Plazo of five days. Art. 11.- Before ordering the communication of the office hour al Ministry Public, the Judge may order, if he deems it necessary and if the evidence presented in support of the demand are not convincing, in his opinion, informative in the crafts that determines the Code of Proc. Civil law. Paragraph.- When the Judge has ordered information from the Secretary of the Court give to copy of the sentences that orders them to the part plaintiff so that this can be notified in tiempo appropriate to the part the witnesses whose names appear in said statement have already been presented sentences. The part The defendant may summon the witnesses presented by him and who appear in the aforementioned sentences. Art. 12.- Returned the office hour by Ministry Public with the opinion corresponding, the Court will decide whether to admit or reject the community property or separate property.. The sentences will be pronounced publicly. Paragraph I.- All sentences de community property or separate property. by cause determined will order to cargo which of the spouses will have the common children, and the Judge must adhere, in the first place term, to what the parties have agreed; but lack de agreement stipulated before the demand or in the course of it, must adhere to the following rules: a) all hijo to edad for four years they will remain under the care and protection of the mother, provided that the community property or separate property. has not been pronounced against it for the reasons stated in sections e, f, e, i of the article second of this law; b) it
Children over four years old will be left cargo of the husband that has obtained the community property or separate property., unless the Courteither to request of other spouse, or any member of the family or of Ministry Public, and to Most advantage of the children, order that all or some of them be entrusted, carefully the other spouse, or a third person. Paragraph II.- Whatever the person to whom is entrusted the guard of the children, the Parents They retain the right to ensure the maintenance and education of these, and are obliged to contribute to this in proportion to their resources. Art. 13.- When the community property or separate property. is requested for reason that one of the spouses is convicted to penalty criminal, the only formalities that must be observed consist of presenting the Court a copy en crafts of the sentences that condemns the spouse defendant to penalty criminal, with a certificates of the Secretary of the Court who dictated it, attempting to make it sentences It is not susceptible to being reformed by any of the ordinary legal means. Certificate of the Secretary will be Visa by Attorney Tax law of its Court, or by the Attorney General of the Republic. Art. 14.- Right by Act No. 2669, of when and where 31 – 12 – 1959, GO 7231. Art. 15.- All sentences de community property or separate property. by cause determined, it will be considered contradictory, whether or not the part sued, and will be susceptible to appeal; this appeal It will be substantiated and judged after hearing the Cutting de Appeal respective, as a matter Sumaria. Art. 16.- The following will not be admissible: appeal If it has not been attempted within two months from the date of when and where of the notification of the sentences. Art. 17.- By virtue of all sentences de community property or separate property. given in last instance or that has acquired the authority of the thing judged, and unless it has been filed resource de cassation, which is suspensive fully right, the husband who has obtained it will be obliged to present themselves in a Plazo of two (2) months before el Official of the State Civil law and also
to to pronounce el community property or separate property. and transcribe the device of the sentences at the record of the state civil, prior intimation to the other part by act de Alguacil, to appear before the Official of the State Civil law and listen to pronounce el community property or separate property.. In the transcription of the device of such sentences will be added when and where, number if it has one and Tribunal who dictated it. Paragraph.- The Official of the State Civil law will not pronounce the community property or separate property. nor will it transcribe the device of the sentences but when the formalities established by the article 548 del Code de Procedure Civil law, or when it is demonstrated to him haber been made the intimation the other husband to attend the statement de community property or separate property., as previously provided in this article. The Official of the State Civil law to pronounce a community property or separate property. without the above provisions having been complied with, it will be sujeto at dismissal, without damage of the civil responsibilities to which it may be subject haber place. Art. 18.- The Plazo of two months indicated in the article The above will not begin to count towards sentences handed down in First instance but after the expiration of the Plazo of the appeal; and with respect to the sentences handed down in default de appeal, after the expiration of the Plazo de opposition. Art. 19.- The spouse plaintiff that he let pass the Plazo of two months determined in article seventeen will lose the benefit of the sentences obtained by him, and he will not be able to obtain another sentences but for a new one cause, to which, without embargo, may add the old causes. Art. 20.- Any sentences de community property or separate property. It will be considered as not pronounced, or as extinguished, if before completing the formalities of law one of the spouses dies. SECTION TWO Provisional measures to which one may give place the demand of the community property or separate property. Art. 21.- The administration provisional custody of the children will be left to cargo of the husband plaintiff o defendant, unless the Court Do not order another thing a request, be of the mother, be of the family or Ministry Public and also
to Most advantage of the children. Art. 22.- As soon as any action is taken act o diligence related to community property or separate property., will stop having effect la provision of Art.108 of the Code Civil law which attributes to the Woman married on customer's home of the husband. The Woman You will be able to leave the residence of the husband during proceedings, and request a pension food proportionate to the faculties of the latter. The Tribunal will indicate the property in which the Woman will be obliged to reside, and will establish, if appropriate, the provision food that the husband will obliged a pay. All notifications including any preliminary acts tending to establish the experiment of the abandonment from home or others acts relating to community property or separate property., must be made, under penalty de nullity radical and absolute, at its own person, Or to Tax law of the Court that should be known about the demand, who will carry out the necessary steps to ensure that such notifications reach knowledge of the Woman. Paragraph.- (Added by Act 2153, the when and where 12/11/1949); In all cases where the summons have to be made at the Tax law, will be required for husband plaintiff with penalty de nullity radical and absolute, previously published in a diario of the District National, of those of Most circulation national, a notice, for three consecutive days, containing a warning to the Woman defendant, that, lack de insights relative to the place of its residence, it will be placed in action de community property or separate property. before him Tax law of the Court that should be known about the demand. In saying notice will express what this is Court, the when and where in which the notification will be made demand al Tax law, the cause of this, the name of the part plaintiff, the name of the Woman against whom the accusation will be directed demand, the place of the last residence that he had known him husband his Woman, as well as the to date y hour of the The hearing. Copy inextensive of this notice will be given to the Tax law en cabeza of the demand. The Judge attorney of the ///, will declare the unreceivable demand If it is not demonstrated to him that they have done the indicated publications, with the Deposit of the three copies of the newspapers, certified by the printers, containing the three consecutive publications ordered by this law. Art. 23.- The Woman will be obliged to justify its residence in the property indicated, whenever required. lack of this justification, the husband may refuse the pension food, if by its part justifies that the Woman has abandoned the residence indicated. Art. 24.- The Woman común en goods, plaintiff or demanded in community property or separate property., will be able to do everything state de cause from demand, require for the conservation of their derechos, the affixing of stamps on the effects furniture of the community. These seals will not be lifted except by making a Inventory estimate, leaving the husband obliged to present the effects inventoried, or to answer for their value as judicial guardian. Art. 25.- Any legal obligation a cargo of the community, but alienation of common real estate, made by the husband after the when and where of the demand, will be voidable if experiment who have been hired in fraud of the derechos of the Woman. CHAPTER IV Of the community property or separate property. by mutual consent and the proceedings which must be followed. Art. 26.- The consent mutual and perseverance of the spouses, expressed in the manner prescribed in this law, will sufficiently justify that the Life en común is unbearable for him. Art. 27.- The community property or separate property. by mutual consent will not be admissible until after two years of wedding , as it will not be after thirty years of Life común, nor when the husband be at least sixty years old edad and Woman fifty. Art. 28.- (Modified by the Act No. 142, adding Paragraphs IV and V). The spouses shall be obliged, before appearing before the Judge who must hear the case, to demand, a: 1) formalize un Inventory of all his goods furniture or real estate; 2) to agree to whom they entrust with the care of the children born from their union, during the proceedings and
After the pronouncement community property or separate property.; 3) agree on what property must reside in the wife during proceedings, and what is the amount that, as pension food, must provide the husband While the terms are running and it is pronounced sentences defined. Paragraph I.- All these conventions and stipulations must be formalized by act authentic. Paragraph II.- Once the previous formalities have been completed, the spouses, personally, or represented by agents with power authentic, and provided for by the acts in which the stipulations referred to in this document are recorded article, as well as a copy of the record de wedding and proceedings de nacimiento of the children conceived during the wedding , will be presented to the Judge of First Instance of its customer's home, declaring that they intend to divorce for mutual consent, and that, at effect They ask for provision in crafts to establish your demand. Paragraph III.- A lack of the acts of nacimientoBy absence of these in the records of the Est. Civil law, the acts of notoriety they will have their validity Paragraph IV.- In the /// de spouse Dominicans residing in the extranjero, the conventions and stipulations may be drafted through special agents and signed by them before un Notary Public of the jurisdiction that they indicate, in the act containing the powerIn such agreements and stipulations, the parties will expressly grant powers to a Judge of First Instance Of the same jurisdiction pointed out by them in the power, to know and fail about him DivorceParagraph V.- Foreigners who are in the country Even if they are not residents, they can get divorced Mutual Consent, provided that at least one of them is present in the The hearing, and the other represented by attorney special, expressly agree to attribute competition to a First Class Judge. Instance, in the record of conventions and stipulations raised by a Notary Public Of the same jurisdiction of the Court by them pointed out. For the /// provided for in this paragraph, the provisions of Art. 27 of this Law shall not apply. Act». Art. 29.- The Judge, in view of the declaration of the spouses, will raise record of what is stated by them. Art. 30.- (Modified by the Act No. 142 added to paragraph II). After ensuring that all the requirements of the law to make admissible the demand, the Judge will authorize this, setting a term of no less than thirty nor more than sixty days for the spouses to appear in court: and with view of all acts, will pronounce sentences eight days after the The hearing. Paragraph I.- The sentences must comply in all respects with the provisions set forth in the acts referred to in the article twenty-eight, which may only undergo the variations that the spouses themselves wish to introduce. to date of the visit of the causeBy mutual previous agreement. Paragraph II.- For the /// provided for in Paragraph V of Art. 28 of this Act, the Judge will authorize the demand fixing it inside the term three (3) days for the spouses to appear in court. Once the The hearing el Court will order the communication to the Ministry Public, to rule on the Plazo of three days off, and the Judge will pronounce sentences within three (3) days following. Art. 31.- (Mod. by the Act No. 142 by adding a paragraph). The spouses, or the most diligent of them, will be obliged to transcribe in the Register Civil law la sentences that has admitted the community property or separate property.; and do to pronounce this, which must be done no less than eight business days after the latter is pronounced. Paragraph.- In the /// provided for in Paragraph V of Art. 28 of this Act, once the ruling has been issued sentences, will be pronounced Divorce for any Official of the State Civil law of the Jurisdiction of the Court who knew about the ///through presentation of a copy certified by the sentences, previously transcribed in the Register Civil law, and the Device thereof will be published in a circulation newspaper national. Art. 32.- The sentences that orders the community property or separate property. by mutual consent will final; and for your execution the rules established by the will be observed bar code de Procedure Civil law, had account of the purposes stated herein law. Art. 33.- Spouses are obliged to to deposit in the Secretariat all the documents relevant to the action en community property or separate property. by mutual consent, in the terms expressed in the article 28. CHAPTER V Effects of the community property or separate property. Art. 34.- Divorced spouses who remarry may not adopt other regime than the one that governed them previously. Art. 35.- The Woman A divorced woman may not remarry until ten months after the community property or separate property. has become definitive, unless your new husband be the same as the one who has been divorced. Art. 36.- (Mod. by Act No. 2669, of when and where 31-12-1950, GO 7231), The husband against whom the community property or separate property. for any of the reasons indicated in sections d), e), f), g) and h) of the article Second, you will lose all the advantages that the other husband there was done, be it for the contract de wedding , whether during this. Art. 37.- The husband that has obtained the community property or separate property. will retain the advantages granted to him by the other husband although they have stipulated reciprocal and that this reciprocity does not take place. CHAPTER VI Of the exceptions of Inadmissibility Art. 38.- The action en community property or separate property. will be extinguished by the reconciliation of the spouses that occurs after the demand. Art. 39.- In one or the other /// will be declared inadmissible in its action al plaintiff, this may, without embargo, try a new one action by cause occurred after the reconciliation, /// in which you can do use of the old causes, to support their new one demand. Art. 40.- If the plaintiff denies that there has been reconciliation, the defendant shall prove it either by written, whether by witnesses, in the crafts established in articles seven and following. Art. 41.- The procedures ordered to be observed by this law are prescribed to penalty de nullity; and the terms stated therein are always considered free. CHAPTER VII Art. 42.- Of all sentences de community property or separate property. by cause determined, within eight days after the report was made community property or separate property., the device will be published in one of the local newspapers, with the relevant mentions. statement of the community property or separate property., depositing a copy of the newspaper in the Secretariat of the Court within eight days of the publication; low penalty of one hundred pesos, of fine against husband that has obtained the community property or separate property., without damage of the responsibility civil incurred by his/her negligence. If in the locality where it is admitted community property or separate property. There was no newspaper, the publication of the device will be made in one of the province o común nearest. Paragraph.- When the community property or separate property. be admitted by mutual consent, obligations that imposes the present article will be to cargo of both spouses, under the penalty already expressed. Art. 43.- Which gives repealed the law No 843, (843) on community property or separate property., promulgated on to date 19-2-1935. Requirements Divorce by Mutual Consent More than two years of married and less than 30 years of married; The Woman cannot be older than 50 years edad and the man cannot be older than 60 years old (both must be older than 25 years old) Divorce by Incompatibility of Characters There are no limits, neither in the edad of both spouses, nor in the tiempo de married. As of November 22nd, year and we will announce 2000, the Woman no Plazo to sue in partition de goods (as determined by the Supreme Court) Cutting de Justice) Law Review November 22nd Year 2000. 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