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Countries › Dominican Republic › Guide › 14. Disputes › Claims against the State in the Dominican Republic: 30 days to court, one year for damages

Claims against the State in the Dominican Republic: 30 days to court, one year for damages

Last verified: 2026-10-30 · Status: Stable

Acts of public bodies are challenged before the Tribunal Contencioso Tributario y Administrativo within 30 days, or 10 days for de facto action. Administrative appeals are optional and do not usually stop the act, though the court can grant interim measures fast. Damages against the State run to one year under Ley 13-07 and two under Ley 107-13, so use the shorter date.

USD figures use the Banco Central de la República Dominicana reference selling rate of RD$60.8594 per US dollar for 28 October 2026, the latest row in its published rate file on the verification date, rounded to the cent.

Key facts

Time to sue over an administrative act30 daysLey 13-07 art. 5, as of 2026-10-30 · in force
Time against de facto action10 daysLey 13-07 art. 5, as of 2026-10-30 · in force
State liability, Ley 13-071 yearsLey 13-07 art. 5, as of 2026-10-30 · in force
Decision on reconsideration30 daysLey 107-13 art. 53, as of 2026-10-30 · in force
Rate used for USD conversions60.8594 DOP per USDBanco Central reference selling rate, 28 October 2026, as of 2026-10-28 · in force

The rule

1. Public bodies and their officials are jointly liable for harm caused by unlawful administrative action or omission.Constitución de 2024, art. 148, 2024-10-27 official text · verified 2026-10-30
2. The Tribunal Contencioso Tributario y Administrativo took over the old administrative court duties, plus State liability, professional bodies, expropriation and de facto action.Ley 13-07, art. 1, 2007-02-05 official text · verified 2026-10-30
3. Outside the Distrito Nacional and Santo Domingo province, municipal disputes go to the first instance court, in sole instance.Ley 13-07, art. 3, 2007-02-05 official text · verified 2026-10-30
4. Exhausting administrative appeals is optional, save for civil service matters.Ley 13-07, art. 4, 2007-02-05 official text · verified 2026-10-30
5. The term is 30 days from notice or publication, or from expiry of the term in a case of silence. For de facto action it is 10 days. For State liability it is one year from the event.Ley 13-07, art. 5, 2007-02-05 official text · verified 2026-10-30
6. The State has up to 30 days to answer, extendable to 60 in total.Ley 13-07, art. 6 par. I, 2007-02-05 official text · verified 2026-10-30
7. Interim measures are requested separately from the president, who holds a hearing within 5 days and decides within another 5. The claim must look well founded, delay must threaten relief, and the public interest must not suffer gravely. Tax and financial acts follow the Código Tributario.Ley 13-07, art. 7, 2007-02-05 official text · verified 2026-10-30
8. Administrative appeals are optional, and going to court gives up the administrative route. They do not suspend the act unless the body decides so.Ley 107-13, art. 49, art. 50 and art. 51, 2013-08-08 official text · verified 2026-10-30
9. Reconsideration is filed within the same term as the court action. The body has 30 days to decide, after which the applicant can treat it as refused and sue with no time limit under this article.Ley 107-13, art. 53, 2013-08-08 official text · verified 2026-10-30
10. Damages of any kind can be claimed if real and proven, and the right lapses two years after the act or after its harm appeared.Ley 107-13, art. 59 and art. 60, 2013-08-08 official text · verified 2026-10-30
11. The Third Chamber of the Supreme Court hears cassation in administrative and tax cases, and should decide in 2 months once ready.Ley 2-23 sobre Recurso de Casación, art. 6 and art. 32, 2023-01-17 official text · verified 2026-10-30
12. State contracts with foreign persons domiciled in the country must submit to Dominican law and courts, but the State can agree to treaty jurisdictions or arbitration.Constitución de 2024, art. 220, 2024-10-27 official text · verified 2026-10-30

Worked example

  • A ministry cancels a concession and the company claims RD$80,000,000 (about US$1,314,505.24). It can sue within 30 days of notice, with a separate interim request. It should file any damages claim inside one year, not count on the two year text.

Step by step

  1. Note the date of notice.
  2. Decide between reconsideration and court.
  3. File with the tribunal.
  4. Request interim measures in a separate filing.
  5. For treaty investors, check the waiver before filing.

Common traps

  • Ley 13-07 art. 5 gives one year and Ley 107-13 art. 60 two for damages. Which prevails was not confirmed here, so plan for one.
  • Filing in court ends the administrative route.
  • The Constitution of 2024 foresees first instance administrative courts, but Ley 13-07 still runs the single tribunal.

Sources

Related pages

Related: Dominican Republic country profile · live dashboard · central bank and release calendar · our posts on X

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