Dominican Court Jurisdiction ?

Fabio J. Guzman

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Jan 1, 2002
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Generally, Dominican courts have jurisdiction over any commercial litigation involving shareholders of a Dominican corporation.

As for criminal jurisdiction, it depends whether the crime was committed in the DR.
 

CloggieBoots

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Jan 17, 2004
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Fabio J. Guzman said:
Generally, Dominican courts have jurisdiction over any commercial litigation involving shareholders of a Dominican corporation.

As for criminal jurisdiction, it depends whether the crime was committed in the DR.

Yes well that is, indeed, the point. Although no action was taken within the DR itself, actions taken outside had severe consequences for the company here, i.e. that entity is now technically insolvent.

Any thoughts ?

CB
 

Fabio J. Guzman

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Jan 1, 2002
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Did your lawyer invoke lack of jurisdiction when the company was sued outside of the DR?

Was the company properly served?

In any case, approval by a Dominican court will be required to enforce the foreign judgment in the Dominican Republic. This approval is called ?exequatur?. The proceeding takes place before a 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 the 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.
 

CloggieBoots

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Embezzlement of funds

Thank you Fabio,

I'm impressed with your reply but fortunatly or maybe unfortunatly it's the other way around. The question is; Can we sue a shareholder here in the D.R. who lives abroad and who has embezzled funds outside of the D.R. from our Dominican Company here ? A payment had to be made, he was the conduit, money was transferred to him and he paid off the debt in his own name instead of the companies' name.

Any input more than welcome !!!

C.B.