Dominican Republic: Precautionary Measures For The Protection Of Credit Originated In A Foreign Judgment

Last Updated: 24 August 2017
Article by Rodolfo Mesa Chaavez

The legal system of the Dominican Republic allows the creditor with a credit based on a decision of a foreign court to protect their credit by interposing on a conservatory or preliminary lien on the assets of their debtor located in the Dominican Republic.

One of the most effective conservatory measures that can be taken by the creditor is the provisional judicial mortgage.

The first aspect is to analyze the regulatory framework that allows for prosecution of legal actions on the basis of a ruling or decision emanating from a foreign court, namely:

a) Article 26, item 1 of the Constitution establishes that the Dominican Republic: "Recognizes and applies the norms of general and American International Law to the extent that their public powers have adopted them (...);

b) Article 122 of Law No. 834 of July 15, 1978: "Rulings rendered by foreign courts and acts received by foreign officials are enforceable in the territory of the Republic in the manner and in the cases as provided for by the law".

c) Art. 89 of law No. 544-14: "Recognition of foreign judicial decisions in contentious matters. Foreign judicial decisions in contentious matters will be recognized in the Dominican Republic. "

The most appropriate legal scenario is presented by the Civil Procedure Code, which establishes the right of creditors to request a competent judge to authorize the registration of a temporary judicial mortgage against the real estate of the debtor(s). In this sense Articles 54 and 55 of the Code of Civil Procedure express verbatim the following:

Art.-54: "The judge of the First Degree may also, in the same manner and under the conditions established in article 48, authorize the creditor to take a registration of a temporary judicial mortgage on some or all of the properties of his debtor. This provisional registration will only produce effects for three years; but may be renewed for equal time indefinitely, by submitting the order that authorized the first registration. The creditor must sue over the fund within the term indicated in the order authorizing the mortgage registration, under penalty of invalidity of the registration. Within a period of two months from the date on which the judgment on the merits has acquired res judicata, the creditor must convert the provisional registration into final registration, which shall take effect retroactively from the date of the first registration and will be done without cost. The creditor will pay the rights and expenses only once. In the absence of definitive registration within the indicated period of two months, the provisional registration will be retroactively without effect and its cancellation may be requested by any interested person, at the expense of the person who took the registration and by order issued by the judge who authorized it. "

Article 55: "When the value of the Real State affected by the provisional registration, authorized in accordance with the preceding article, is notoriously greater than the amount of the sums entered, the debtor may limit its effects, at any time, by the Judge of the Referrals or by the judge who knows the merits of the claim, by notifying that the properties that are reserved have at least a double value to the principal credit amount, interest and expenses.

Procedure To Follow.

Once obtained the Ruling of the foreign court, the same must be legalized, either via Apostille, if the jurisdiction of origin of the Ruling is part of the agreement or via ordinary legalization.

An important aspect is that to make legal actions more viable to be filed in the Dominican Republic it is highly desirable that the decision of the foreign court expresses the amount or value of the precautionary measures against the assets of the debtors.

Once the decision or ruling is legalized, it must be translated into Spanish by a Judicial Interpreter, duly authorized for the purposes. Depending on the number of pages this process could take from 3 to 5 days, including the legalization of the translation by the competent authorities. It is recommended to translate the same documents and contracts that serve as the basis for the claim, as a way to cover it with the greatest possible weight.

Following and under the provisions of articles 54 and 55 of the Code of Civil Procedure must be drawn up an application or request to the Chief Judge of the competent court so that on the basis of the judgment and the documents and contracts that accompany it authorizes to take measures against the movable and immovable property of the customer's debtors. It is worth noting that this procedure is essentially administrative, so in principle the counterparty does not participate.

It is optional for the judge to grant or deny authorization. To this end, the claimant must demonstrate the urgency and danger of collecting the credit. "The credit will be considered in danger and therefore there will be urgency when evidence is provided of a nature such as to allow the assumption or fear of imminent insolvency of the debtor, which will be recorded in the order issued by the judge1."

The document/act that authorizes the registration of the mortgage must indicate:

  1. The urgency;
  2. The amount by which the lien is authorized
  3. The period in which the creditor must sue before the competent judge on the merits, on the penalty of nullity.

The judge may demand from the creditor the prior justification of sufficient solvency or the presentation of a guarantor or bail, which will be done in the hands of the secretary or in the hands of a Conservator.

The document/act will be executed on schedule and notwithstanding any recourse.

In practice in civil and commercial matters the judge takes approximately 10 to 15 days to render his decision. It is worth noting that in its decision the judge usually grants a period of 30 days for the creditor to sue the content.

The competent court to file such an application may be both the domicile of the debtors and the place where the affected buildings are located.

With obtaining the authorization of the Dominican court to place precautionary measures against the property of the debtors, provisional judicial mortgages are registered in the Registry of Deeds of the places where the real estate is located. To do this, a physical and cadastral location of the location and situation of the affected property must have been previously made.

With the deposit of the decision in the offices of the Deed Registers the Real State property is taxed with a temporary judicial mortgage that follows the property regardless of who owns it. However it is worth noting that this does not prevent the property to be taxed by other definitive mortgages.

The registration of the Provisional Judicial Mortgage by the competent Registry of Deeds is done together with the two invoices referred to in article 2148 of the Civil Code. Due to the temporary nature of the mortgage, the effectiveness of the registration is reduced to three years, but can be renewed, for an equal period, indefinitely, by presenting the car that authorized the first registration.

It is necessary to make the notification of the Order authorizing the Provisional Registration of the Judicial Mortgage within the fifteen days of its registration, with election of domicile within the jurisdiction of the Registry of Titles where the registration or registration has been made2.

It is important to take into account that the content must be sued within the period indicated in the order authorizing the registration of the mortgage, under penalty of invalidity of the inscription.

Once a final and irrevocable ruling has been obtained on the matter, the creditor will be obliged, within a period of two months from said Ruling to convert the provisional registration into final registration, which will produce its effects retroactively from the date of the first inscription.

With respect to the conversion of the provisional judicial mortgage authorized by the judge, into a final judicial mortgage, our Supreme Court of Justice has established that: "In order for a provisional judicial mortgage, taken with the authorization of the judge, to be converted definitively, Sufficient that the creditor is provided with a document proving the existence of his credit, but it is necessary that a Ruling with authority of the res judicata should have intervened that orders the debtor to pay the obligation incurred or that the claim is contained in a Authentic act with enforceability3".

In the absence of definitive registration within two months, the provisional registration will be retroactively without effect and its cancellation may be requested by any interested person, at the expense of the person who took the registration and by order issued by the judge who authorized it.


1 Art. 48, Civil Procedure Code.

2 Art. 56, Civil Procedure Code

3 Cas.Civ.12 Jan 2000, B.J. 1070, pages. 94-98.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.