I have read recent news reports alledging that the Supreme Court of the DR has judicially recognized "common law marriages"; evidently, there is no statutory recognition in the DR civil or domestic codes of what under the British Common Law are termed "common law marriages"?
* The facts as reported by the English language press
[or, al least the press read by me]:
1. Unstated date? DR Man ["M"] & DR Woman ["W"] started living together; in a monogamous state? The year not given?
2. Was M married? Was W married? To others? Not stated.
3. M & W had 2 children together; presumably M is the father? Never disputed? Contents of the birth certificates? Not stated.
4. March 1995; M killed in a trucking accident; resulting from the negligence of Falconbridge. Ages of children? Not stated
5. 2001: W died, presumably of natural causes.
6. May 2006: 2 children [or W] awarded monetary damages against Falconbridge.
My questions:
A. Why does a seemingly simple motor vechicle tort case take 11 years [1995 - 2006] to resolve? Even in the DR?
B. If the 2 children were awarded $ damages, there is no recognition of any common law marriage. Illegitimate children are permitted by law to inherit from both their biological father &/or mother in every country I know of.
C. Would even a DR court award $ damages in March 2006 to a woman [or man] who had died 5 years ago? ie 2001. Why?
D. Assuming that the facts known to us are incomplete, & in fact judicially recognized common law marriage is the law of the land, how many years must the M & the W live together before the marriage is recognized?
E. Does this decision apply to a Canadian M living with a DR W? Or only to 2 DRs, M & W?
F. Is a copy of the presumable text of this decision available? Where? How? In English? Does the decision have any text?
G. The press used the words "concubine" & "concubinage" do describe W. This is not correct English. W should be called H's lover [amante], significant other, or girlfriend [novia]. The noun " concubine" has totally different denotations.
Can anyone, preferably a DR or foreign lawyer, help this confused former attorney, srtuggling to survive in the DR? Please note that my curiosity, not concern [!] is motivated solely by a desire for academic information & interest in DR culture! All help gratefully accepted.
* The facts as reported by the English language press
[or, al least the press read by me]:
1. Unstated date? DR Man ["M"] & DR Woman ["W"] started living together; in a monogamous state? The year not given?
2. Was M married? Was W married? To others? Not stated.
3. M & W had 2 children together; presumably M is the father? Never disputed? Contents of the birth certificates? Not stated.
4. March 1995; M killed in a trucking accident; resulting from the negligence of Falconbridge. Ages of children? Not stated
5. 2001: W died, presumably of natural causes.
6. May 2006: 2 children [or W] awarded monetary damages against Falconbridge.
My questions:
A. Why does a seemingly simple motor vechicle tort case take 11 years [1995 - 2006] to resolve? Even in the DR?
B. If the 2 children were awarded $ damages, there is no recognition of any common law marriage. Illegitimate children are permitted by law to inherit from both their biological father &/or mother in every country I know of.
C. Would even a DR court award $ damages in March 2006 to a woman [or man] who had died 5 years ago? ie 2001. Why?
D. Assuming that the facts known to us are incomplete, & in fact judicially recognized common law marriage is the law of the land, how many years must the M & the W live together before the marriage is recognized?
E. Does this decision apply to a Canadian M living with a DR W? Or only to 2 DRs, M & W?
F. Is a copy of the presumable text of this decision available? Where? How? In English? Does the decision have any text?
G. The press used the words "concubine" & "concubinage" do describe W. This is not correct English. W should be called H's lover [amante], significant other, or girlfriend [novia]. The noun " concubine" has totally different denotations.
Can anyone, preferably a DR or foreign lawyer, help this confused former attorney, srtuggling to survive in the DR? Please note that my curiosity, not concern [!] is motivated solely by a desire for academic information & interest in DR culture! All help gratefully accepted.