20
Aug

The seizure of crops in the Dominican Republic is a legal process that allows creditors to recover unpaid debts through the retention and possible sale of agricultural plantations.

It is a very important process in the agricultural sector, and is also quite peculiar, as it is carried out on crops that have not yet been harvested.

The validity of this form of embargo depends on compliance with the following requirements:

1. It should be applied to natural and industrial crops.
2. The crops must be produced periodically and systematically by a real estate property.
3. The act of harvesting the fruits must not impair the integrity of the tree or plant.
4. The crops must still be attached to the soil by their roots.
5. The seizure must be carried out within the six weeks prior to the usual ripening period of the crops.

The process is regulated by Article 626 et seq., of the Dominican Code of Civil Procedure, which sets out a clear and detailed process. In this article, we will outline the key steps that must be followed.

Legal Process for Crop Seizure in the Dominican Republic.

Time of Seizure.

It is important to clarify that the person affected by the embargo must always be either the owner of the land or the tenant.

According to the provisions of Article 626 of the Dominican Code of Civil Procedure, the seizure of unharvested crops can only be made within six weeks prior to their usual ripening period; in addition, it must precede a payment order with at least one day interval.

Seizure Deed.

Article 627 of the Dominican Code of Civil Procedure states that the seizure deed must indicate each item, its content and location, as well as at least two of its boundaries and limits.

The nature of the crops must also be specified.

Designation of a Custodian.

Article 628 of the Dominican Code of Civil Procedure, as amended by Law 3459, states that a custodian must be appointed. This custodian will usually be the local district mayor.

If the assets are in contiguous municipalities, a single custodian will be appointed, who shall not be the same local district mayor. This deed must be endorsed by the mayor of the main exploitation locale.

Announcement of the Sale.

To proceed with the sale of the seized crops, the legislation establishes that it must be announced by means of edicts, set at least eight days before the sale, at the door of the seized person’s house, the town hall, and other customary points of publication. It must also be announced in the main market of the locale or the nearest one.

The Edicts.

Edicts are formal public notices issued to announce the sale of goods that have been seized. These edicts must include the day, time and place of the sale, as well as information about the seized goods and the parties involved. The purpose of these edicts is to ensure that the sale is known to the public and that any interested party has the opportunity to take part in the auction or public sale. Edicts are posted in visible and publicly accessible locations, such as the door of the garnished person’s house, city hall, and other commonly used places of publication in the community.

The posting of edicts must be documented in accordance with the title of the executive seizures.

The Sale.

Once the seizure of unharvested fruits has been carried out, the next step is to announce the sale of said crops.

This is done through the publication of edicts, as established in Article 629 of the Code of Civil Procedure of the Dominican Republic.

Edicts must be posted at least eight days before the sale in several strategic locations:

• The door of the garnished person’s house.
• The door of the Town Hall.
• The usual publication points of local authorities.
• The main market of the locality, or the nearest one if there is none in the area.
• The entrance to the Justice of the Peace court.

Article 635 states that the distribution of the proceeds of sale will be made in accordance with the title of the distribution on a pro rata basis.

Significance of the Seizure of Unharvested crops.

From a practical standpoint, this type of embargo is crucial in the agricultural sector, given that the crops of a land carry a significant value that can be used to guarantee the fulfillment of financial obligations. As a result, this is a legal tool that protects both the creditor and the debtor, ensuring that debts can be paid without the debtor giving up their long-term livelihood.

In our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Embargoes . Through this division, we can assist you with any questions or concerns you may have regarding Embargoes and their Enforcement.  If you need any help in this matter, we can offer you our online legal services, regardless of where you might be around the world.