Constitutional Court removes financial constraint to foreigners suing here
The Constitutional Court ruled that the articles of the Civil Code and the Code of Civil Procedure that impose restrictions on foreigners to sue or be part of a judicial process are null and void. These had forced many foreigners who did not own real estate here to post bond to litigate. The cost of the bond or real estate was pegged to the amount of what was being disputed in the legal case.
The Constitutional Court declared the provisions contained in articles 16 of the Civil Code and 166 and 167 of the Code of Civil Procedure to be inconsistent with the Constitution. It stated that these violated articles 39, 40, paragraph 15 and 69 of the Constitution of the Republic, which establish the right to equality, liberty and personal security and adequate judicial protection and due process.
With the ruling, the Constitutional Court upheld a direct action of unconstitutionality filed on 26 December 2000 by the Fundacion Fesore, Inc.
Source: DR1, Listindoario
July 6, 2019
Category: DR News |