Enforcing Judgments/Full Faith and Credit

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erikab34

New member
Feb 4, 2010
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Hello,

Does anyone know if the Dominican Republic will give full faith and credit to a judgment issued by a US State court? Not a divorce, but a judgment regarding land in the Dominican Republic?

What does a person have to do in the Dominican to enforce the judgment? Are there fees? Will the case likely have to be tried again in the Dominican?

Thank you so much for any advice. If able, can anyone provide any text from either the Dominican Code of Civil Procedure or any caselaw (DR or US) backing this up?
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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252
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www.drlawyer.com
A Dominican court will have to validate the foreign ruling through a procedure called "exequatur". The competent court is the Court of First Instance (?Juzgado de Primera Instancia?).

Before granting exequatur, the Court will seek assurance that the foreign judgment has been entered after a normal procedure which permitted the defendant a full opportunity to defend his interests, and that the judgment does not violate Dominican public policy.

The following are specific conditions that must be met:

1) The foreign court which rendered the decision had jurisdiction.
2) The foreign court followed normal procedures.
3) The foreign court applied the proper law according to Dominican conflict of laws rules.
4) The judgment does not violate Dominican or international public policy.
 
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