INTERDICTION IN THE DOMINICAN REPUBLIC
Interdiction consists of the legal status of persons who have been deprived of the capacity to exercise, by judicial decision, for which they are put under the protection of a represent for their legal acts and the administration of their assets.
The importance of this legal figure lies in the mean of protection it symbolizes for people who are under dementia or mental derangement in a definitive or temporary manner, due to the vulnerability they face before society, and could be victims of deception that affect their heritage or integrity.
The request for interdiction must be requested before the first instance court. This action can be initiated by any relative or either of the spouses with respect to the other. Article 491 of the Dominican Civil Code, also provides that in the case of insanity, if the interdiction has not been requested by the spouse or relatives, it could be requested by the prosecutor, who, in cases of imbecility or alienation, can also apply against a person who is not married or has no known relatives.
The court will order the family council to report about the status of the person whose interdiction is requested. Received the report of the family council, the court, in council chamber, will question the defendant.
After the first interrogation, the court, if applicable, will appoint an interim administrator to look after the person and property of the defendant. The incomes of the person subject to the interdiction, must be destined mainly to their welfare and accelerate their healing.
The court also, order if circumstances so require, order that the defendant could not litigate, compromise, borrow, receive a movable capital or give a letter of payment, alienate or mortgage your assets, without the assistance of a consultant, named in the same jugdment.
As contemplated in article 512, the interdiction ceases with the causes that determined it; however, no ruling will be pronounced for this purpose, without having previously observed the same formalities prescribed to settle it; whoever is subject to the interdiction may not recover the exercise of those rights, but after having pronounced the sentence that authorizes it.