Inheritance Law
Last activity 28 April 2022 by DRVisitor
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@planner there’s a lot of lawyers here that don’t know the law here ……🤣😂🤣
So to clarify, not only is it "different" it is based on completely different premises.The law in DR is based on Napoleanic code NOT on civil law as many many other countries are. We are similar to France, Quebec and a few other places. Unless an outside lawyer is versed on this type of law they have NO idea what they are talking about. Any assumptions made about how it is there so it must be similar in DR will be wrong. Many DR lawyers go and study in France!And then add on top of that corruption, knowing how things actually work etc!- @planner
All true Tippj. All true.Here is what I found out about judges:Judges are first and foremost a career path. So first they go to law school and graduate and then go onto the career path of a judge. They compete for various jobs in the lower courts as judges. I assume they get promoted etc on this career path.There are "competitions" for higher positions for those who are "qualified" but the reality is they are political appointments for the most part.Constitutional judges are appointed.Interesting learning exercise for me. This government is working to find out and remove corruption. I am told this extends to the judiciary as well! I have personal experience of judges and lawyers being bought off. It is not unusual at all. Lets hope all of this is on their agenda.- @planner………..Yes it’s the same in the states a lot of times they are appointed by the mayor because the political party says what a good guy the person is to us an d he has the same moral values as us ….. and then they can run in a city wide elections in 4 years and usually the incumbent wins , or the Governor appoints someone to a state judgeship or state Supreme Court position……. Or the President appoints all federal judge positions and can only nominate a Supreme Court Justice. ……..it’s all political no matter what country
Whenever I sign some legal paper here (multiple copies of the same document) they always state it will be notarized (and you have to pay for it). That bugs me so I always cross that out but they always refuse to accept that. I would not receive my copy unless I paid for it. Someone always prepares the paperwork, and gets both parties to sign it at different times and places, and then brings it to the notary who then stamps it and certifies it. For example, this happened when I signed the apartment lease. I think the owner of the apartment should pay for this, not the tenant, or at least, both parties should split the cost.
https://www.youtube.com/watch?v=uUORUtHRjts
DRvisitor, if I understand you correctly you are wondering why if you have a pre-nup that does not give your wife any property why doesn't it come into play in a death in the DR. The reason being, the inheritance law (which comes into play when there is a death) does not include spouses, thereby the pre-nup is out of the picture. If you want your wife to inherit property upon your death, you need a will and I would suggest also, giving a power of attorney to someone you trust to execute the will so that it doesn't get tied up in red tape. A good lawyer (not many of them in the DR) will get you through this.- @DominicanadaMike
Planner, Is that the inheritance law that you are speaking of or that fact that marriage constitutes 50% ownership.Therefore the other 50% owned by the person who has died is not part of the inheritance law. This 50 % goes to children and then down the bloodline. As I understand it.- @DominicanadaMike
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