Legal resources
Frequently asked questions
The questions we are asked most, grouped by practice area. These are general answers: your own case should be assessed with an attorney.
Criminal law
- What happens after an arrest in the Dominican Republic?
- A detained person must be brought before a judge within the constitutional deadline of 48 hours so that a decision can be made on coercive measures. From the outset, they have the right to an attorney and to communicate with their family or their consulate.
- Can a foreign national leave the country while criminal proceedings are open?
- It depends on the coercive measures imposed. A travel ban (impedimento de salida) is a common measure; it is advisable to review the specific court order before planning any trip.
- Does the victim need an attorney?
- It is not mandatory to file a complaint, but it is required to become a querellante (private prosecutor) and civil claimant and to participate fully in the proceedings, including seeking compensation.
Civil law and litigation
- 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.
Real estate law
- Can a foreign national buy property in the Dominican Republic?
- Yes. There is no general restriction on the acquisition of real estate by foreign nationals; the documentary and tax requirements are the same as for nationals.
- What is the certification of legal status?
- It is the document issued by the Registro de Títulos (Title Registry) stating who owns the property and what liens or encumbrances affect it. It is the starting point for any secure purchase.
- What taxes are paid when buying?
- The real estate transfer tax is 3% of the property's value as assessed by the DGII, subject to applicable exemptions (for example, certain projects with tourism incentives or housing trusts).
- Can a foreign national buy property in the Dominican Republic?
- Yes. There is no general restriction on the acquisition of real estate by foreign nationals. The documentary and tax requirements are the same as for nationals, and the property is registered with the Registro de Títulos (Title Registry) in the buyer's name using their passport.
Immigration law
- Can I apply for residency while in the Dominican Republic as a tourist?
- As a general rule, the process begins with a residency visa applied for at the Dominican consulate in the country of origin or legal residence. Limited exceptions exist and must be verified on a case-by-case basis.
- How long must I reside before applying for nationality?
- Law 1683 on naturalization sets different timelines depending on the route (ordinary residency, marriage to a Dominican national, investment). The timelines and requirements should be confirmed against the regulations in force.
- Which documents do I need to apostille?
- Typically the birth certificate, the criminal record certificate, and, where applicable, the marriage certificate, along with proof of income or investment depending on the category.
Corporate and business law
- What type of company suits a small business?
- The SRL (limited liability company) is the most commonly used form due to its flexibility and limited liability; the EIRL suits a sole owner, and the SAS suits more complex capital structures. The choice depends on the business and the partners.
- Can a foreign national be a partner or manager?
- Yes. Dominican nationality is not required to be a partner or manager, although some regulated activities have their own requirements.
Constitutional law and amparo
- What is the difference between amparo and habeas corpus?
- Habeas corpus specifically protects physical liberty against unlawful arrests or detentions. Amparo protects all other fundamental rights against acts or omissions of authorities or private parties.
- Is there a deadline for filing an amparo action?
- Yes. Ley 137-11 sets a short deadline counted from the moment the affected person becomes aware of the harmful act, with exceptions. It is advisable to act without delay.
Administrative and municipal law
- Can I challenge a decision of the city council?
- Yes. Administrative acts can be appealed through the administrative route and, afterwards, before the administrative litigation jurisdiction, within the deadlines set by law.
Labor law
- What is the difference between dismissal for cause (despido) and termination without cause (desahucio)?
- Desahucio is termination without alleging any cause, with payment of notice pay and severance. Despido is based on a fault of the employee and, if proven, does not give rise to those benefits; if it is not proven, it is deemed unjustified.
Traffic law and accidents
- What should I do right after an accident?
- Attend to the injured, notify the authorities so that a report is drawn up, photograph the scene and the damage, take down the details of those involved and of witnesses, and do not sign any agreements without legal advice.
Notary services
- Is a power of attorney granted abroad valid in the Dominican Republic?
- Yes, if it is granted before a notary or competent authority of the country of origin and is apostilled or legalized, and translated into Spanish when it is in another language.
This content describes Dominican law in general terms and may not reflect recent legislative changes. It does not replace a consultation with an attorney.
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