Law 489-08 on commercial arbitration incorporates the main characteristics and features of the Model Law of the United Nations Commission on International Trade Law.
Taken from Listín Diario
SANTO DOMINGO- The First Chamber of the Supreme Court of Justice has established the procedural admissibility of the judge of summary proceedings ordering the reinstatement of a tenant, as a provisional and precautionary measure, to avoid imminent harm or to stop an illegal situation, without the need to resolve substantive issues.
According to Articles 8 and 9 of Law 489-08, On Commercial Arbitration, judicial intervention is limited in matters governed by this law, being possible by the court of first instance, among others, in cases of judicial adoption of precautionary measures.
Challenged Ordinance
In that sense, the aforementioned chamber annulled, by judgment of August 31, 2021, the challenged ordinance by confirming the appeal court's declaration of incompetence of the jurisdiction of the referrals in the event that the original power of attorney was constituted to a matter that could not be resolved before the aforementioned jurisdiction.
According to the ruling, the Court of Cassation held that the powers of the President of the Court of First Instance, as the judge of summary proceedings, do not limit their scope of application to cases of urgency or difficulties in the execution of a judgment or other enforceable title, but that these powers extend to prescribing protective measures to prevent imminent harm, or to stop an unlawful disturbance, in accordance with Articles 109 to 112 of Law 834 of 1978.
Obligations and rights
The rights of the tenant or lessee of a home or business premises are acquired with the signing of the rental or lease agreement and the obligations and rights of the tenant with respect to the use of the home or premises that is rented are made effective.
These rights relate, on the one hand, to the conditions of the dwelling or premises and its use, and on the other hand, to the obligations towards the other party (landlord or owner – owner's rights) regarding payment of rent, deposit, rental period, works, animals, community of owners, etc., which we will discuss below.
The conditions
The housing lease agreement will not lose this condition even if the tenant does not have their permanent residence in the leased property, provided that their spouse, not legally or de facto separated, or their dependent children live there.
Contract duration
The duration of the lease agreement will be that freely agreed by the parties in the rental agreement.
If the agreed duration is less than five years, in the case of housing, on the day of expiry of the contract, the tenant has the right to have it extended compulsorily for annual periods until the lease reaches a minimum duration of five years, unless the tenant or lessee expresses to the landlord (owner) at least thirty days in advance of the date of termination of the contract or any of the extensions, his intention not to renew it.
