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11-01-2006, 12:07 PM
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Bronze
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Join Date: Nov 2006
Posts: 2
(10)
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DR contract/casino law
Does anyone have a link or something similar to find an English language version of DR contract law? I have a friend who signed a note for 20,000 pesos at a casino in DR and they are now suing him in US for $20,000 US Dollars. Quite a difference. DR law will control even in US so I just wanted to find out what there statutes say regarding proof etc.
Thanks for any help.
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11-01-2006, 12:18 PM
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Gold
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Join Date: Jul 2004
Posts: 2,598
(41)
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Quote:
Originally Posted by dcsoup25
Does anyone have a link or something similar to find an English language version of DR contract law? I have a friend who signed a note for 20,000 pesos at a casino in DR and they are now suing him in US for $20,000 US Dollars. Quite a difference. DR law will control even in US so I just wanted to find out what there statutes say regarding proof etc.
Thanks for any help.
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If your friend is getting sued in the US, that means he was served with papers to appear in civil court, that means the casino has a representative in the US, and that means your friend will have to hire counsel, who should be able to receive the laws of that jurisdiction the allegations occurred. Your friend is lucky that he made it out of the DR, owing a casino money.
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11-01-2006, 12:26 PM
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Bronze
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Join Date: Nov 2006
Posts: 2
(10)
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yes, that is all correct. I am a law student trying to help my friend out and i am just trying to give him an idea of what to expect. Is DR law just typical civil (Napoleonic) contract law?
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11-01-2006, 12:40 PM
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Gold
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Join Date: Jul 2002
Posts: 2,004
(20)
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Welcome to the world of Dominican lawyers
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11-01-2006, 01:49 PM
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Gold
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Join Date: Jul 2004
Posts: 2,598
(41)
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Please tell me if I am wrong, but I strongly believe that a lawsuit filed in the US, must be based on the US or the individual state's "Law, Statutes, and Procedures", since it will be a US Judge handling the case, only familiarized with US laws, the laws in the DR won't matter. Matter of fact, I won't be surprised if the case will get thrown-out, because it lacks jurisdiction.
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11-01-2006, 01:58 PM
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Gold
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Join Date: Jan 2004
Posts: 2,612
(10)
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Quote:
Originally Posted by Ricardo900
Please tell me if I am wrong, but I strongly believe that a lawsuit filed in the US, must be based on the US or the individual state's "Law, Statutes, and Procedures", since it will be a US Judge handling the case, only familiarized with US laws, the laws in the DR won't matter. Matter of fact, I won't be surprised if the case will get thrown-out, because it lacks jurisdiction.
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Many contracts, particularly those used by time-shares and casinos (loan markers) will include a provision as to which jurisdictions it can be enforced, usually giving the option to proceed in the debtors home state.
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11-01-2006, 03:13 PM
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Mr. Main Event
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Join Date: May 2004
Posts: 766
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Is this a case of someone signing a transaction on a credit card for 20,000 pesos and the casino thinks they gave him $20,000 us. Is it possible your freind signed for $20,000 us thinking it was in pesos and thsy did indeed pay him in pesos. If he signed the slip for that amount he must pay. And if the slip said in RD Pesos that he is fine, he can actaully reverse the suit and sue them.
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11-01-2006, 04:47 PM
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Gold
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Join Date: Jan 2004
Posts: 2,612
(10)
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Quote:
Originally Posted by stallion
Is this a case of someone signing a transaction on a credit card for 20,000 pesos and the casino thinks they gave him $20,000 US. Is it possible your friend signed for $20,000 US thinking it was in pesos and they did indeed pay him in pesos. If he signed the slip for that amount he must pay. And if the slip said in RD Pesos that he is fine, he can actually reverse the suit and sue them.
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That isn't the question that the OP is tendering. He states that his friend signed a marker (note) with the casino. The question was whether the transaction was in US$ or RD$ (pesos). As both currencies us the "$" sign as an indication of currency, the question that would have to be answered is a "$" without the "US" or "RD" a transaction in pesos or dollars. Secondly, he asked if the marker can be enforced in the the US. Offshore casino markers are enforced routinely in the US. I didn't see a credit card mentioned at all in this escapade. Ya gotta love people who think they can beat Progressive Keno and Progressive Roulette.
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11-05-2006, 05:30 PM
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DR1 Expert
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Join Date: Jan 2002
Posts: 1,390
(143)
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Dominican contract law is based on the Napoleonic Code.
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