DOMINICAN COMMERCIAL LAW - HISTORICAL BACKGROUNDS.

DOMINICAN COMMERCIAL LAW - HISTORICAL BACKGROUNDS.

Commercial law is defined as the set of norms of private law that govern commercial acts exercised by merchants among themselves or in their relations with non-merchants. It was in 1884, when the Dominican Republic formally had a trade law, but not a national one, but we adopted the Napoleonic Code of French Commerce of 1807 and its modifications, which after being translated we denominated it: Code of Commerce of the Dominican Republic.

Going back a little, it is worth pointing out that until the Haitian invasion of 1822 and from there until 1827, the law of India and the Spanish metropolis governed us in commerce, until in that last year the Haitians imposed their Code of Commerce, which was no more than an adapted version of the French Code.

Already separated from Haiti, for the year 1845, the French Code of Commerce without translation came into force, until the period of the annexation to Spain (1861-1865) in which the Spanish Commercial Code was put into effect, which also, incidentally, was an adaptation of the French Commercial Code. Recovered our independence from Spain with the War of Restoration we adopted again, say by use and custom, the French Commercial Code, until formally President Ulises Heureaux issued the Decree dated June 5, 1884 that ordered its adaptation and translation and it was denominated as we said above "Code of Commerce of the Dominican Republic", which governs us to date.

Currently our Commercial Code is somewhat behind because it has not been updated by the National Congress as the progress of new commercial relationships that arise at local and international level, to the point that some of its provisions are obsolete and others escape their coverage. However, Congress instead of updating it has opted to repeal part of its provisions that are currently inapplicable, and instead has issued separately, special laws such as the Law of Commercial Companies and Individual Limited Liability Companies, No. 479-08, and Law No. 141-15, for the Restructuring and Liquidation of Companies and Physical Persons Traders, whose subjects were originally contained in this Code.