Can a spouse inherit in the Dominican Republic? Key changes following the Constitutional Court’s ruling
Inheritance law is one of the essential branches of civil law, as it regulates and protects the transfer of family assets following the death of one of its members, ensuring the protection of family rights.
In the Dominican case, these provisions are governed by a Civil Code promulgated in 1884 , as an adaptation of the Napoleonic Civil Code, and today it is an archaic compendium distanced from current social reality.
Analysis of the direct action of unconstitutionality against Article 767 of the Dominican Civil Code
Likewise, it is essential to highlight that the Dominican Constitution recognizes in Article 55 that the family is the foundation of society, which is constituted not only through marriage, but also by the responsible will of its members to form it [1] .
The perspective of the family with this provision not only reflects a broader and more inclusive conception of the family, in line with the evolution of the rights of individuals and with a modern vision of inheritance law .
In this way, the old notion that linked the formation of the family exclusively to marriage is overcome , thus highlighting the need to harmonize the recognition of succession with the various forms of family organization permitted by the Constitution.
Free union and its jurisprudential recognition
It is for the above reasons that it is imperative to state that the singular and stable union between a man and a woman is not only recognized in article 55 of the Constitution, but that jurisprudence over the years has considered the free union as a figure capable of producing legal effects, this concept being highlighted as ” more uxorio “, despite the absence of a legal bond, under the condition of maintaining a relationship of peaceful and stable coexistence analogous to marriage [2] .
Within this framework of ideas presented, the main question arises: should the surviving spouse (widowed spouse) have the status of heir or be limited only to the part that corresponds to him/her by the liquidation of the community property?
The regime prior to the Constitutional Court’s decision
Prior to the Constitutional Court ‘s decision , Article 767 of the Civil Code denied the surviving spouse the capacity to inherit in the first order, subject to the exceptional case of the absence of ordinary heirs.
This meant that, upon the death of one of the spouses, the surviving spouse received only 50% of the common property, resulting from the liquidation of the community property with respect to the other heirs, excluding him or her from the succession as an heir, remembering what is indicated in many of our classes on liberalities and successions that “The spouse is not an heir, he or she is only a co-owner of 50% of the property within the marriage .”
This regime contrasted with the evolution of Dominican society, as reflected in our Constitution, in contrast to the Civil Code of 1844, as well as with the trend of other civil law legal systems, in which the spouse is recognized as a regular heir, with clearly established rights to the deceased’s inheritance.
Judgment TC/0267/23 declared Article 767 of the Civil Code unconstitutional, considering that its content violated the constitutional principles of protection of the family, equality, and human dignity.
The Court held that the succession order of the spouse created a situation of economic and social vulnerability, incompatible with the central role recognized by the Constitution as the essential nucleus of the family.
In a reality like the one we found ourselves in before the aforementioned decision, the couple forms an essential unit that allows for the subsistence of the family members. The absence of one of these leaves the survivor unable to support themselves financially, taking advantage of the assets they created in their life plan.
Principles of equality and human dignity
Regarding the principles of equality and human dignity, the Constitutional Court clarified that Article 767 disregarded the inherent dignity of the surviving spouse by maintaining them in a succession order that was almost unattainable, without considering their participation in the construction of the common patrimony. It also held that the law established unequal and unjustified treatment compared to other heirs, in clear contradiction to the aforementioned principles.
In response to this illegality, the Constitutional Court granted the Dominican Republic’s National Congress a two-year period to legislate on the issue. Since the deadline expired in May 2025, Article 767 lost its validity and became null and void. Consequently, the surviving spouse is now recognized as a regular successor.
That said, the ruling distinguishes the surviving spouse as an heir in the order of succession, a change that could completely transform what we knew and, in practice, generate uncertainties that will be addressed as they are presented in our courts.
From a legal perspective, this poses new challenges for lawyers and judges, who must interpret and apply inheritance rules in the absence of specific legislation detailing the rights and limitations of the inheriting spouse.
Legal and social implications
From a social perspective, it represents a measure of protection for the surviving spouse, granting them greater economic security in a context of high living costs and changing family dynamics. It also entails a more just recognition of the role of marriage and common-law marriages in the property life of Dominican households, ensuring that in the near future, marital regimes will no longer be a taboo, but will develop as a reality that encompasses us all.
Despite the progress, questions arise that can only be resolved with time and practice: How will the new reality be harmonized with the rights of descendants and ascendants? Or will common-law couples be considered on equal terms with their spouses?
The National Congress now has the responsibility of establishing a clear and fair system that will regulate the inheritance rights of spouses, thus avoiding legal uncertainties and conflicts in practical application.
Conclusion
Ultimately, the Constitutional Court’s decision marks a turning point in Dominican inheritance law. The annulment of Article 767 represents a necessary step toward updating a regime adopted from the 19th-century French tradition that no longer meets the needs and social realities of the Dominican Republic.
However, the true scope of this emerging scenario will depend heavily on legislative action that establishes clear rules. In the meantime, this transformation constitutes not only a legal milestone, but also a reflection of how Dominican society today conceives of marriage, family, inheritance, and the protection of the surviving spouse .
[1] Constitution of the Dominican Republic, 2010, art. 55.
[2] Constitutional Court, Judgments Nos. TC/0012/12 and TC/0520/15.