Constitutional Tribunal rules in favor of property owners
The Constitutional Tribunal set a precedent in favor of property owners in the Dominican Republic when it overruled a presidential decree article that had prohibited the eviction of a tenant. The case for violation of constitutional right to property had been presented by Clinica Dominicana (Clinica Abreu).
The higher court ruled that what the present times require is the implementation of reverse policies, so that the right to property ownership is strengthened so as to promote the investment of capitals in housing that can later be rented or sold.
The court upheld an earlier decision of the Supreme Court of Justice but expanded its scope and stated: ?This tribunal considers, the same as the Civil Chamber of the Supreme Court of justice, that the restrictions to the right to property that derive from the application of Art. 3 of Decree 4807, while they were justifiable in the late 1950s and the following years, are no longer justifiable.?
The higher court stated that Art. 3 of the Decree 4807 that prohibits the eviction of the tenant from a property due to the persecution by the owner, unless the rescinding of the contract has been ordered for lack of payment of rent, or for using the rented property for a different purpose than that for which it was rented, when this is in detriment to the owner or contrary to public order or good customs, or due to the tenant subleasing totaling or partially the rented property despite this being prohibited in writing, or for changing the form of the rented property. The decree had ordered that the ruling that orders the eviction of the tenant could not be executed until 15 days after notified.
TC anula decreto condicion? formas desalojo de inquilinos - listindiario.com
The Constitutional Tribunal set a precedent in favor of property owners in the Dominican Republic when it overruled a presidential decree article that had prohibited the eviction of a tenant. The case for violation of constitutional right to property had been presented by Clinica Dominicana (Clinica Abreu).
The higher court ruled that what the present times require is the implementation of reverse policies, so that the right to property ownership is strengthened so as to promote the investment of capitals in housing that can later be rented or sold.
The court upheld an earlier decision of the Supreme Court of Justice but expanded its scope and stated: ?This tribunal considers, the same as the Civil Chamber of the Supreme Court of justice, that the restrictions to the right to property that derive from the application of Art. 3 of Decree 4807, while they were justifiable in the late 1950s and the following years, are no longer justifiable.?
The higher court stated that Art. 3 of the Decree 4807 that prohibits the eviction of the tenant from a property due to the persecution by the owner, unless the rescinding of the contract has been ordered for lack of payment of rent, or for using the rented property for a different purpose than that for which it was rented, when this is in detriment to the owner or contrary to public order or good customs, or due to the tenant subleasing totaling or partially the rented property despite this being prohibited in writing, or for changing the form of the rented property. The decree had ordered that the ruling that orders the eviction of the tenant could not be executed until 15 days after notified.
TC anula decreto condicion? formas desalojo de inquilinos - listindiario.com
