Practice area

Civil law and litigation

Civil law covers most disputes between private parties: a breached contract, damage that someone must repair, an inheritance that has to be divided or a marriage that comes to an end. The firm's litigation department, with master's-level training in civil law and civil procedure, handles these matters from negotiation through to judgment.

Attorney of the firm consulting a volume in the firm's law library

Dominican civil law is based on the Código Civil (Civil Code) and the Código de Procedimiento Civil (Code of Civil Procedure), supplemented by special laws such as Ley 1306-bis on divorce and Ley 136-03 on children and adolescents. Cases are heard by the courts of first instance and, on appeal, by the Corte de Apelación (Court of Appeal) of the Judicial Department of Puerto Plata.

The firm’s litigation department brings together attorneys with master’s degrees in civil law and civil procedure from the UASD and the UAPA. Their work begins with an honest assessment of the case: what the contract or the law says, what evidence exists and what outcome is reasonable to expect. From there, the recommendation is to negotiate, conciliate or file suit.

Common situations

  • Breach of contract

    Sales, loans, leases, construction and services that are not performed as agreed.

  • Civil liability and damages

    Claims for compensation for harm caused by third parties, including harm arising from accidents.

  • Divorce, custody and child support

    Family matters handled before the civil courts and the courts for children and adolescents.

  • Estates and partitions

    Determination of heirs, division of assets and filings before the DGII (tax authority).

  • Debt collection and enforcement

    Claims for sums owed and enforcement of guarantees and judgments.

How Balbuena Camps helps

  1. Preliminary case analysis

    We review contracts, evidence and deadlines before recommending negotiation, conciliation or a lawsuit.

  2. Experienced litigation

    Attorneys with master's degrees in civil law and civil procedure represent the client before the courts of first instance and the Court of Appeal.

  3. Enforcing the outcome

    We stay with the client until the judgment or the agreement is actually fulfilled.

How the process works

  1. Consultation and documents

    Initial meeting and review of contracts, correspondence and evidence.

  2. Formal demand or negotiation

    In many cases a formal demand letter or a negotiation avoids going to trial.

  3. Lawsuit and hearings

    Service of process, filing of submissions and hearings before the competent court.

  4. Judgment and appeals

    Obtaining the judgment and, where appropriate, appeal or cassation.

Attorneys who handle this area

Where we serve

Frequently asked questions

How long does a civil lawsuit take in the Dominican Republic?

It depends on the court, the complexity of the case and whether there are appeals. A first-instance matter is usually resolved within months, and an appeal adds time. At the initial consultation we give a realistic estimate for each case.

Is it mandatory to attempt conciliation before filing a lawsuit?

Not always, but it is often advisable. A formal demand letter or an assisted negotiation can resolve the dispute without a trial and at lower cost.

Related legal resources

Sources and legal references

  1. Dominican Civil CodeCódigo Civil de la República DominicanaCitation pending verification
  2. Law 1306-bis on DivorceLey 1306-bis de 21 de mayo de 1937 sobre Divorcio y sus modificaciones · May 20, 1937Citation pending verification
  3. Law 136-03, Code for the Protection of Children and AdolescentsLey 136-03 de 7 de agosto de 2003 · Aug 6, 2003Citation pending verification
Legal review
Pending review by an attorney

The information on this page is general guidance. It is not individualised legal advice and does not create an attorney-client relationship. Every situation should be assessed with an attorney.

Consultation

Discuss your civil matter with the litigation department

Tell us about the dispute and we will tell you frankly what options you have, what evidence you need and what timelines are realistic.

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