Can a land sale or any other trasaction be made in US$

ltsnyder

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Jun 4, 2003
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I guess this is a dumb question, but due to the current economic situation in DR I think many people would rather be paid in US$ or Euros than DR pesos. Is it leagle to draw up a land sale contract that states the price of the sale in US$? Or could the contract fix the exchange rate thereby being effectively the same thing?

For all who contribute, thank you in advance for your help. I'm always lost on legal issues, and I suspect this might be a common question.

-Lee
 

Ken

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Jan 1, 2002
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Fabio Guzman, the attorny who answers questions in this section, will speak for himself, but I recall a similar question to which he responded it was now legal to make a contract in other than Pesos. But wait for his response. He checks this section a couple of times a week.

But even when contracts were required to be in pesos, people were buying and selling with dollars. The contract said pesos but the money that crossed the table was dollars. This was especially true when the transactions were between foreigners.
 

Escott

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Jan 14, 2002
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Requirements in Pesos were for tax purposes only as I remember from the thread you are talking about Ken. They now quote exclusively in dollars and accept ONLY dollars but the government gets to rip you off in the translation into Pesos for capitol gains purposes when you sell.
 

DCfred

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Jun 19, 2003
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As my late lawyer-uncle in the DR used to say: if the two parties agree, is legal!
 

Fabio J. Guzman

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Jan 1, 2002
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DCfred said:
As my late lawyer-uncle in the DR used to say: if the two parties agree, is legal!

Not quite. Public policy issues override mutual consent (Art. 6 of the Civil Code). 1st year law school example: you ask your friend to take a gun and kill you. You write out the agreement, insert a clause exonerating your friend of responsibility for your death, sign it, witness it or notarize it, etc. Despite the agreement, it's still murder.

Parties to a contract can now freely agree to payment in any currency, after the enactment in November 2002 of the new Monetary and Financial Code (Art. 24 of Law 183-02). Before, if you contracted in a foreign currency, the debtor could always pay you in pesos.