Opens in a new tab
27/06/2025
Maria M. Gonzalo Garachana

The lack of response during the appeal regarding the request for a plot history and site visit constitutes a lack of grounds.

Jurisprudencia

One of the winning results of the litigation team led by María Mercedes Gonzalo Garachana’s firm included an advance in jurisprudence. Below, we quote the relevant parts:

Judgment No. 52-2019, issued on January 30, 2019, by the Third Chamber of Labor, Land, Contentious-Administrative, and Contentious-Tax Matters.

It has been established that during an appeal in which the Superior Land Court hears a case concerning the nullification of a boundary demarcation of registered land, it is the duty of the judges to state in their judgments their decision regarding the requesting party’s petition for a history of the property, as well as a site visit.

In this regard, jurisprudence has held that: “… judges are obligated to respond to all points in the parties’ conclusions, either admitting or rejecting them, providing the pertinent reasons, and this applies to both principal and subsidiary conclusions, as well as to conclusions containing a claim, a defense, an exception, a plea of inadmissibility, or a request for an investigative measure; therefore, by not responding to the request for a history of Parcels No. 66 and 66-A, of the Cadastral District No. 12, of the municipality and province of Santiago, nor to the request for a site visit to said parcels, its omission entails a violation of the appealing party’s right to a defense, which translates into a lack of grounds, a deficiency that this Third Chamber of the Supreme Court of Justice remedies ex officio; for these reasons, the present appeal is upheld, and the challenged judgment is overturned.”

Share this article

Help others stay informed about this important legal update

Maria M. Gonzalo Garachana

Con más de 30 años de trayectoria, he construido una carrera jurídica sólida, especializada en Derecho Administrativo y Derecho Aeronáutico, desde donde desarrollo estrategias legales innovadoras para proteger los intereses de empresas frente a la Administración Pública y en entornos comerciales altamente regulados.

Related Articles

25/07/2025

Legal practice – When a garnishee order starts one day...

The level of alarm caused by the abuse of garnishee orders is now indisputable (Fernández, 2018). The precedent of the...

Read More
Law 30 26 (2)

Executive Summary of Law 30-26 in Plain Language: 11 Changes...

Law No. 30-26 on Economic Growth Promotion Measures, Mitigation of the International Crisis, enacted on June 18, 2026, introduces significant...

Read More
Designer
28/09/2025

Legal and regulatory observations on the proposed amendments to the...

I. Introduction By virtue of the powers conferred by Law N°491-06 on Civil Aviation of the Dominican Republic and its...

Read More
Speak with a Specialized Attorney

Facing a legal challenge? Speak with us today

Our legal team is ready to provide you with a personalized, effective, and fully confidential solution. Schedule an initial consultation with no obligation and begin protecting your interests through strategic legal counsel.

Schedule a legal consultation