Dominican Republic

Legal tradition

Dominican Republic belongs to the civil law tradition. A French-derived civil-law system: the Napoleonic codes were adopted in French in 1845 and only later translated and adapted, so Dominican civil and commercial law still tracks the French model closely. The 2010 Constitution was a structural break, creating a separate Constitutional Court in 2011 with power to annul statutes with general effect, and a Council of the Judiciary to handle judicial discipline. Criminal procedure moved to an accusatorial, oral model under the 2002 Code of Criminal Procedure.

How power is divided

Unitary. The 32 provinces are administrative divisions headed by centrally appointed governors, while municipalities have elected councils with limited own-source powers under Law 176-07.

Where law comes from

Constitution and ratified treaties

Human-rights treaties form part of the constitutional block (bloque de constitucionalidad).

Codes and statutes

Civil, commercial, criminal, labour and tax codes enacted by Congress.

Constitutional Court precedent

Its rulings bind all public powers and organs of the state.

Reglamentos

Presidential decrees and regulations implementing statutes.

The legal profession

A law degree (licenciatura en derecho) plus exequátur granted by the executive on the Supreme Court's certification authorises practice. The Colegio de Abogados de la República Dominicana is the mandatory bar. Notaries are a separate licensed corps with limited numbers and exclusive authority over authentic acts.