Law No. 544-14 On Private International Law In The Dominican Republic

Author:Pellerano & Herrera
Profession:Pellerano & Herrera
 
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  1. PURPOSE AND SCOPE

    The purpose of Law No. 544-14 is the regulation of International Private Re­lationships, which are those related to a foreign legal system, either in view of their objective elements, or the personal elements that conform the legal relation in question. In this sense, this law is focused on delineating three (3) key points concerning conflict of laws: (i) the jurisdiction of local courts; (ii) the applicable law regarding an international legal situation; and (iii) the recognition and enforcement of foreign judgments in our country. Administrative, arbitra­tion and bankruptcy procedures have been excluded from the scope of this law.

    This law came into effect on December nineteenth (19th) two thousand four­teen (2014), and is applicable to all processes initiated after the date of its entry into force without prejudice to any previously acquired rights.

  2. MAIN CONCEPTS

    The main concept introduced by Law 544-14 is "International Private Rela­tions", this concept being the basis of the field of application of this law. The law further defines the following concepts:

    (I) International Dispute: Any dispute that has an element characteristic of an International Private Relation.

    (II) Dominican public order: Includes all regulations of our internal law which cannot be repealed by the parties.

    (III) International Public Order: Group of prin­ciples in which the dominican legal system is inspired and reflect the values of society at the moment of their appreciation.

    (IV) Domicile: Refers to the place of habitual residence. In the case of a natural person the law does not admit more than one domicile.

    (V) Habitual Residence: For a natural person, it's the de facto place of main establishment, taking into consideration the personal and professional circumstances that can provide an enduring bond with a specific place; and for a legal entity it's the place in which it has its headquarters, administration or main ac­tivity, for the purpose of its identification, as established in Law No. 479-08, General Law of Societies.

  3. JURISDICTION OF LOCAL COURTS

    The law establishes the general competence of dominican courts, which are competent for the knowledge of any disputes happen­ing at the time in the country, except in cases where there is a previously agreed upon fo­rum of choice, regardless of the nationality of the parties, who will have access to justice on equal terms. It was by means of this law that the legal provisions that...

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