Resumo

RODRIGUEZ-PADILLA, MARIDALIA. THE REAL ESTATE TRUST IN DOMINICAN LEGISLATION: ITS CONTRIBUTION TO HOUSING DEVELOPMENT. Novum Jus [online]. 2022, vol.16, n.1, pp.115-156.  Epub 20-Nov-2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.1.6.

The Dominican Republic is one of the most recent Latin American states to include the trust institution in its legislation. It is due to the need to establish public policies that facilitate the development of low-cost housing projects that seek to reduce the significant housing deficit that affects the country. The Dominican legislature has implemented the trust figure based on the guarantee offered by its structure for the configuration of self-financing associations, as well as public-private associations. Since its entry into force, the trust has had a great reception, which can be verified by the significant number of legal structures of this nature registered with the General Directorate of Internal Taxes (DGII, for its acronym in Spanish).2 Nevertheless, at present, there are some inconsistencies between the main objective of the trust and its regulation, which must be overcome so that this figure allows achieving its purpose of providing access to housing. Therefore, through a combination of research methodologies, such as dogmatic, sociological, statistical, descriptive, historical, logical, and comparative methods, this study reviews how the Dominican trust operates and how effective it is, to confirm whether its regulation has managed to satisfy the objectives that have inspired it. Although the trust has made significant contributions regarding the construction of affordable housing, it has been incompletely implemented only to homeownership projects, which leads to a significant loss of its benefits.

Palavras-chave : real estate trust; autonomous assets; low-cost housing; housing deficit; housing holdings.

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