Fricción entre las altas cortes sobre el punto de partida de los plazos en el proceso civil dominicano a partir de la sentencia 0239/2013 de fecha 29 de noviembre de 2013 del tribunal constitucional

Abstract

Ruling No. 0239/13 of November 29, 2013 introduced a new concept called “effective knowledge” as a criterion for starting the calculation of the period to appeal. This, in contrast to what was already a tradition within the Supreme Court of Justice, since there it has always been maintained that the notification of sentences by means of a sheriff's act is what makes the deadline for filing the appeal to run. appeal. With an analysis of the jurisprudence of both courts (before and after ruling 0239/13) we observe the convergences and divergences, which allow us to extract the juice from the problems raised with the implementation of this ruling. The ruling handed down by the Constitutional Court ignores the legal provisions that govern the form and, especially, the deadlines and their calculation.