Bajo Techo | Revista Immobiliaria

www.bajotecho.com.do

REAL ESTATE MAGAZINE | OCTOBER 2008 | YEAR 2, NO. 11

AN INEXHAUSTIBLE INDUSTRYCultural Tourism

THE DEFININGPROTECTS YOUR

PROPERTY

2525ESTRELLAESTRELLA

Anniver

sary

4 BAJO TECHO R E A L E S T A T E M A G A Z I N E | O C T O B E R 2 0 0 8

ContentREAL ESTATE MAGAZINE | 0CTOBER 2008 | YEAR 2, NO. 11

MANUEL ESTRELLAPenthouse

President-Founder of the Estrella, group formed by the com-panies Engineering Estrella, Steel Estrella and CONCRE-DOM. Each one of which they are companies that have man-aged to be placed like leaders in their respective areas.

26

BEACH WEDDINGSDecoration

It approaches in December, ideal month for many couples tomarry for being a season of family meeting, of economicextraordinary income and of a climate that claims company. Itis for it that we must start planning this important event thatmust be memorable to the common life that gives beginning.

18

PLANNED PARKINGUrban Workshop

The recent one dispute between the proprietors of businessesof the denominated Chinese District of Santo Domingo andthe municipal authority is a sample of the necessity to deepenin the systematization and the efficiency of the parking tovehicular of our cities.

40

18

8

BAJO TECHOR E A L E S T A T E M A G A Z I N E | O C T O B E R 5

68

10

EDITORIAL

TECHNOLOGICAL ADVANCESIPHONE REAL ESTATE

TERRACE OF NEWS

22 FINANCIAL PLANETCLOUDS IN THE HORIZON

20 PLASTIC ARTSARTISTIC PHOTOGRAPHY

18 DECORATIONBEACH WEDDINGS

24 VECINITY“THANKS NEIGHBOR”

32 TOURIST PLAZACULTURAL TOURISM

38 URBAN WORKSHOPNATIONAL CADASTRE AND INTERNAL TAXES

44 LEGAL ROOMPROOF AND RETURNED EFFECTOF THE APPEAL IN THE TST

36 SPORT ATMOSPHERETENNIS, KING’S SPORT

46 LEGAL ROOMTHE DEFINING PROTECTS YOUR PROPERTY

50 NOTABLE LIVESPABLO DE JESÚS MELLA MORALES

20

36

40

32

26


editorial

T he ecological subject is fashionable. The word ispresent in the political speeches, the institutionalplans and the national budget, among others. It is

very praiseworthy whenever there is an authentic envi-ronmental preoccupation.

The point is that, beyond the demagogic rhetoric,in most of the cases, there is a genuine commitment withneither the environmental protection nor no a friendly ins-titutional exercise with the ecosystem. Environmentalsubject is used by many companies, institutions andorganizations to make drinkable its public image.

By a side, some of these institutions destine partof their resources to the environmental care, but, on theother hand, in its daily industrial performance and theconduct of its employees they desdicen its environmentalcommitment. Apparently, to be ecological is an adverti-sing strategy and as so they use it and badly they usemany public and private institutions.

Today in day, speech of green companies, bio-construction like a sale scheme, without honoring thesedeclarations with a responsible environmental exercise.Truly, the environmental subject is priority of priorities.We do not have to play being ecological nor to be concei-ted without being it. In the real estate world and all thetask of the society, an environmental institutional policywould have to be created that regulates the ecologicalimpact of the companies and it discounts it or it penali-zes, according to corresponds.

UNDER CEILING it applauds any action or seriousmanagement of respect to the environment. To be ecolo-gical is profitable, whenever the company is put to theservice of environment and not vice versa.

The new fashion:to be ecological

FOUNDERRafael Franco

PUBLISHING ADVICEArelis García, Elsa de la Cruz, Genera Franco, Leonel Martínez,

Marcello Franco, Pedro Mena, Willie Rodríguez

PUBLISHER IN HEADArelis García

DIRECTORLeonel Martínez

TOURIST PUBLISHERDaniel García Archibald

PUBLISHER OF THE NEWSCésar Pichardo

GRAPHICAL DESIGNAngel María Martínez

PHOTOGRAPHYRoosvert Pérez

WEBMASTERYael Nova

TRADEZuleica Polanco

EJECUTIVE OF SALESFabiola Rubio Báez

[email protected]

REPRESENTATIVESSantiago

Jochy de la [email protected]

809-543-0510

San Francisco de MacorisMarleny Santos Compres

[email protected]

La VegaCarolina Cornelio

[email protected]

La RomanaUlises Aquino

[email protected]

SamanáJosé Alfonso Rojas

[email protected]

COLLABORATORAlejandro Abreu, Ana Andrea Lara Guzmán, Carlos E. Michel,Carlos Guance, Fermín Casilla, Fidel Ciprian, Fortunio Ubiñas,Gilberto Santos, Helder Taveraz, Heriberto Rivas, Irving Isidor, JoséGarcía Jiménez, María Mora, Nancy de Pool, Nelson de JesúsDeschamps, Pedro Romero Confesor, Rafael Ciprian, RamónRamírez, Ramón Paniagua, Raquel Rosario, Salvador RamírezPeña, Virginia Roca, Wilson Gómez

GRATEFULNESSAlive Resorts, Association of Real estate Companies, American

Ironworks, Seat Lick, House of Field, Cicom, BHD, PopularAssociation of Savings and Loans, Tony `s Rome

UNDER CEILING is a magazine of monthly circulation publishedby “Educative Communications” of professional group and enterpri-se RF; printed by Multimedios of the Caribbean; and registeredunder No 70-176 the 9 of October of 2007 in the Secretariat of Stateof Interior and Police in accordance with laws 6132 and 418, onexpression and diffusion of the thought.


ADVANCES

Today we lay down thinking that

nothing is to explore and when

waking up we found that our cellu-

lar telephone is a device that we must

reject because their functions have been

supplanted by a new technology that

makes see old fashioned or obsolete.

The new one iPhone 3G one

appears in that order for the movable

telephony, because when we thought

that nothing would supplant the pre-

vious models a world of possibilities is

opened suddenly before the young tele-

phone. It seemed that with the previous

models of iPhone we had definitive tool

by the great amount of utilities that

allow us to make a pile of things that

before nor we dreamed, nevertheless,

appears iPhone G3 offering an applica-

tion for each aspect of our life.

One of those lines within the

great innovations that this technology

brings appears of very opportune way

stops el real estate world since, in his

present state it obligatorily needs to

innovate to continue selling houses.

Numerous tools, some from which have

still not arrived at Dominican Republic,

are placed within reach of buyers,

salesmen, runners and real estate com-

panies.

HomeFindr he is one of these

instruments with which they are possi-

ble to be shown, with no need to be in

the office, properties for sale of the

zone where you are, along with images

of the houses, maps, information on the

agent of sales and details of the pro-

perty. Something similar to this comes

implemented MetroBrokersOnline.com.

Software more dedicated to

professionals of real estate, us brings it

Agent XSite, which allows you conver-

ter in a virtual real estate agent. With

Agent XSite you can create your own

Web where to announce the buildings

of your clients, to who they have added

a module to him so that you can mana-

ge your portfolio of clients from iPhone.

Terabitz it recently sent an application

search for real estate agents through

iPhone, with which professionals of the

industry of real estate can from any

place accede to the announcements of

real estate properties, make photos,

obtain local data of the recent sales in

the different sectors and locate to

directions from his iPhone.

Terabitz is a company endor-

sed by the technology of the real estate

industry that provides to the runners

the instruments, the content and the

characteristics that need to position

themselves in their respective markets.

With this real estate application the

buyers can have in his iPhone the flexi-

bility necessary to look for by city, state

or postal code the price, type of home

and the number of rooms or baths.

The results of the search can

be assigned or to consider themselves

like a text list. With the aid of these

results, the users can select any house

and see diverse details like: the charac-

teristics, photos, history and informa-

tion about the environs of the

Neighborhood.

The application also allows the

user to put itself in contact through

iPhone with the agent, to receive or to

send listings of buildings by e-mal and

NELSON PIMENTELREAL ESTATE [email protected]

TECHNOLOGICAL

IPhoneReal estateNelson Pimentel tells us how technology facilitates the workin many fields of the daily activity. With the new one iPhone3G you have the world between your hands. This resource ofmodernity is a fundamental tool for the real estate agent.

BAJO TECHOR E A L E S T A T E M A G A Z I N E | O C T O B E R 2 0 0 8 9

to accede to the information

on the local schools, restau-

rants and the recent compa-

rable sales to each other.

This software is designed

to provide information to a

buyer or agent whom it loves

to know about a property,

including details about

services of gas, electricity,

water, collection of swee-

pings, telephone, cable, gar-

dening, and until the archi-

tecture.

The application also inclu-

des data of maps and their con-

tent from Tele Atlas to help the

users to consult the places and

points of interest, such as restaurants

and schools, as well as the data to see

where the establishments are located

in relation to a certain property.

VegaVegaen laen la

TECHNOLOGICAL ADVANCES | BAJO TECHO

It is very interesting to become jumbled withthe use of iPhones, since in them we have avast niche of market for the developers ofreal estate, and plus iPhone 3Gthat comes equip-ped withmost of appli-cations andnecessary toolsfor the real estatebrokerage.

INTEREST


DECORATION

One of the most sensational

weddings is the beach

marr iage, s ince i t breaks

with the traditions and allows you to

play with decorative elements that

they do of this event a memorable

date for any lover who decides to

break schemes.

The fall of the Sun in the line

of the horizon close to the musical

one of the marine waves and the sigh

of the palms they shape a romantic

and inspiring panorama that leads

many boyfr iends to choosing the

shore of the sea as the perfect place

to effect your wedding.

To celebrate a wedding in the

beach is the dream of many pairs for

treating itself about one of the sce-

nes with major captivation to give

"Yes, I want ". Nevertheless, if the

romanticism is left aside, to marry on

the sand can transport certain pro-

blems and expenses extras for the

complexity of your organiza-

tion being important bear

in mind a ser ies of

details in order that it

turns out to be an

agreeable recol lec-

tion of the whole life.

The first thing

is to choose this spe-

cial p lace. Numerous

beaches exist in our

country where you might realize

your dream. The ideal thing is a

place where you could do your wed-

ding outdoors with sight to the sea

and that has available facil it ies that

they allow you to feast later with your

relatives and friends.

The white is a color that

identif ies any wedding for the purity

that it symbolizes, but that in

a beach takes a special

meaning as your fres-

hness. The candles

placed among chairs

of hammocks, lazy

sofas and long tables

with tablecloths and

natural f lowers give a

sober and very elegant

environment. Nevertheless

what more stands out in the

decoration is the natural environment

that free gives us the littoral with his

coconut trees, his thin sands, the

white foams and the sway of the

BeachWeddings


DECORATION | BAJO TECHO

Are here some advices thatit must bear in mind to themoment to think about abeach wedding • If the wedding is in the daytime, the heatcan be scorching and the sand can be verywarm for what you should think about a totallyinformal environment where they could havecontent the shorts and up to the bikinis.• If the ceremony is on the sand the girlfriendmust look after of the length of the garmentand of the heels of the shoes. Remember that tomany major persons it is difficult to walk on thesand. Wardrobe it can be formal but withoutshoes.• Many beaches stay far from the zones wherethe guests live for what you must insure that inthe zone there should be availability of rooms.In addition it is not very practical to have anexcessively big list of guests.• In order that the guests could hear yousaying that gently accepted you must not reali-ze the ceremony near where they break thewaves, in order that the noise is not a nuisanceto the hearing.• If the wedding is night the most advisablething is to avoid the inconvenience of theinsects using lamps with candles of citronella.The bonfires are very decorative at the timethat they remove the insects• A yacht anchoring opposite to the beach thatis decorative and simultaneously it could beused to celebrate the honeymoon on the highseas or visiting different ports of countries thatturn out to be interesting and exotic

TIPS

waves that they invite to the roman-

ce of couples.

If you think to take advanta-

ge of the late afternoon, the beach

must have sight in the western part

to be able to take photos with the

Sunset. There are pairs who choose

hotels in the beach that they allow

them to do the ceremony in a garden

and the receipt in a lounge and even

this way to be able to take the pho-

tos in the beach. It is very important

to decorate in agreement to the

place these where carrying out the

wedding. Also the clothes that they

are going to use debit to be a fresh

air, and if the wedding is in the sand,

they are going to use shoes without

heels which they must say to the

guests before the wedding.

It approaches in December, ideal month for many couplesto marry for being a season of family meeting, of econom-ic extraordinary income and of a climate that claims com-pany. It is for it that we must start planning this importantevent that must be memorable to the common life thatgives beginning.


The history of the photography says to

us that already for 1500 the famous

one was known dark camera between

whose creators it is mentioned Leonardo

gives Vince, who was used to soon help in

the drawing and the design giving color them.

Its evolution takes us physicist to French J.

Niepce, that in 1826 managed to make the

impression permanent of the image, happe-

ning through another French, the inventor

Louis Daguerre, who produced daguerreoty-

pe as the most well-known form to portray,

until arriving at the English W. Talbot that

invented the sensible paper to the light of

where comes the negatives used by so many

years in the photography.

The first group of Dominican young

people who was united with the purpose of

sharing ideas and projects of photography

was Thursday 68. They leave to cross the

country catching visual testimonies that have

been for us. Between his many paradigma-

tic projects they are the images put to the

poem “Is a country in the world” of our

immense Pedro Mir, as well as the publica-

tion of the first book of

Photographic Art.

These ante-

cedents took to us to

enjoy without number

of char them, confe-

rences and exhibitions

celebrated during just

finished “Month of

Photography” on

which we have wanted

to bring some sparkles to them of this inte-

resting form of considered expression art

when it is selected and caught in the subjects

that show to the creativity and the imagina-

tion of the photographer, that is to say, the

artist.

One of the exhibitions that but I call

our attention in “Photoimagen 2008” was the

one of the star of the Russian ballet, Mihael

Baryshnikov, who fascinated by Dominican

movements it shaped our innate rate with its

camera showing different stages of the musi-

cal patrimony from the Dominican ones. Its

lens teaches to us with light and colors the

energetic and powerful

movements of the dan-

cers of are, merengue,

bachata and “reggae-

ton”.

Another interes-

ting exhibition was

“Territory of Whose”

where the Colombian

Maria Clara Gaviria it

manages to enter a

magical world without time, being looked for

the origin of the meals, the dances, owners to

us of the river and the ports in these natives

and their customs.

We have in our country outstanding

photographic artists, example of these is

Polibio Diaz who expresses its knowledge of

the Dominican town, and its lens catches the

exuberant and the fantastic thing of our peo-

ple. It brings from the Dominican Diaspora in

New York the content clay pit, the habitat of

the humble ones, its faces, sadnesses,

hopes and joys that show the cultural tradi-

tion, like a great variety of Dominican scenes.

ARTSNANCY DE POOL [email protected]

The first group of Dominican young people who was united with the pur-pose of sharing ideas and projects of photography was Thursday 68.They leave to cross the country catching visual testimonies that havebeen for us. Between his many paradigmatic projects they are theimages put to the poem “Is a country in the world”of our immense PedroMir, as well as the publication of the first book of Photographic Art.

PLASTIC

Artisticphotography


VISUAL ARTS | BAJO TECHO

In his char it “Ritual, Symbol and Language in Mayra Johnson and MiriamCalzada” the Lic. Odalis Perez gave account that “Miriam Calzada it produ-ces a type of vision and story articulated in the fact to watch the real thinglike symbol and ritualidad of the sight, relating constantly the naturalworld to the social world. The poetic line of vision and photographic cove-rall of Calzada aspire to construct created possible and visible worlds in itspact with the photographic piece, the multisensory forms of the nature andtheir contracts. It has managed to also constitute a deep text on Dominicannature but on the Dominican society in its critical axes. In Mayra Johnson we can appreciate the world of the work Graffiti such asThe ways of silence, return to the cementery, the witches of Salem in wherethe author really handles the treatment of the theatricality to traverse ofthe photographic thing, but also that commonness, that contradictory oneof 181 Meter New York exhibited in Table Fine Arts, that emphasizes by itsimportance and its meaning.Mayra Johnson is a great representative of conception tardomoderna ofthe Dominican photography next to Evelyn Espaillat, Patricia Folch, FiorVidal, Lissete Gil and others and other photographers who are in that sameline. This artist of the lens criticizes the passage of the social thing bymeans of political the urban anchorages, of I generate and existentialismoften creating flowing anthologies of watch-seeing its world.”

CRÍTICAL


PLANET

Ihave on my writing-desk the task of

updating a prognosis of sales to analy-

ze the variations in the projection of

results of the present fiscal year. The first

restlessness is to verify if the decided

conditions of credit with the replacers will

stay unalterable, in spite of the ban-

kruptcy of several credit institutions of the

United States.

What plus could happen, if we

have already seen how the Government

of EUA is speaking of a banking rescue of

more than seven hundred billion dollars

by means of the acquisition of assets of

high risk (portfolios of credit of low qualifi-

cation), as a form to inject liquidity to its

financial system?

Of what way and in what degree

will be reflected or hit the economic

situation of EE. U.U. the Dominican eco-

nomy? Tendering the American institu-

tions of credit its necessities of credit

before leaving to the international mar-

ket? Represent the international finan-

cings greater or smaller risk for the

system? If the answer is positive, arri-

ved the hour to face our projects of

expansion and permanence the resul-

ting flows of the operations normal and

to think that the access on the credit will

be every more difficult day.

In less of a month, the interest

rates went off and diminished the supply

of credit. With the strange movements of

international the financial chess, the

possibilities will be reduced of acceding

on the credit to the financial intermedia-

ries of the local market.

To several city-planning develo-

pers, their suppliers have decided to eli-

minate to them or to diminish the credit to

them. This can be complicated if the inter-

national organizations decide to limit the

lines of credit. Here the threshold of the

“worse scene” begins. The projects are

few that are autofinance until the end,

without concerning their nature, either a

commercial center, a habitacional project

or hotelkeeper, the increase of the insta-

lled capacity of production and/or com-

mercialization. In all these investments

the financial credit is implied.

The peculiar thing is that we are

not feeling the intensity of the nonliquidity

of the North American market. The inter-

nal saving has been increased that is

transformed into supply of credit for new

investments (bottoms of pensions, etc.),

and perhaps this has attenuated the

effects of the crisis. But until where and

until when we will be immune to this rea-

lity? How our bankers will protect the

hypothecating credit: increasing every

day plus the interest rates? Prepárese for

the next chapter of this terrifying novel!

JOSÉ GARCÍA JIMÉNEZFINANCIAL [email protected]

Clouds in theHorizon

FINANCIAL

He is extremely difficult and uncomfortable to venture itself to elaborate financial prognoses whenthe variables to consider are moving with an unimaginable rapidity: interest rates, fiscal types ofchange, access on the credit , regulations, climatic availability of raw materials, changes, I inter-est geopolitical… and an endless number of variables maintains economic a panorama uncertain.


VECINITY

The word that I more like of the lan-

guage is THANKS! It sounds musi-

cal comedy, melodious to me, spiri-

tual. It is the word that more use. I

almost say thanks at the end of each con-

versation, of each contact, although in

truth there is much or nothing that to be

thankful. But like and I say I thanks for

everything and to all.

To much people it costs to him to

be been thankful. More lack is focused in

apostatizing reason why him that in being

thankful what has. I think that the law of

the attraction works for this. If the channel

that we maintain open is the one of the

complaints and the deficiencies by that

same station we will exactly receive more

complaints and more deficiencies. If, on

the contrary, we tuned the dial of the gra-

titude and we focused in which we have,

it is little or much, we will receive more

blessings by those than to thank.

In the middle of all the difficulties,

if we entered, it is always necessary more

to be thankful than to protest. A thanked

for person attracts blessings and an esti-

mable company is considered. A complai-

ning neighbor attracts difficulties and he is

not pleasing to coexist.

Vicinity wants to animate all to

our gentile readers to tune the dial of the

gratitude every day and to unplug the

channel of the complaint. Neighboring,

focus in which we have, not in which we

need! Somebody said wisely that: “rich it

is not the one who it has much, but who

less needs”. A great teacher also

expressed: “Instead of seeing all

the things that lack me to live, to

me I enjoy watching everything

what exists that I do not need”.

When receiving a flower of an

admirer, an actress said to

him: Thanks! To which the

gallant responded: “Those that

adorn it”. By the way, THANKS!

to all our readers to adorn with its

gentile east reading ceiling of bles-

sings. Neighboring, let’s do us “thank-

fully”, let’s fill us of grace and we lavish

thanks to all and for everything!

In these winged paragraphs, the inspiration brought forth beyond themagic of the word thanks. An article to trim and to place in the wall ofour house or any other place, although is not “under ceiling”.

ARELIS GARCÍA [email protected]

“Thanks Neighbor”


PENTHOUSE

President-Founder of the Estrella, group formed by the companies Engineering Estrella,Steel Estrella and CONCREDOM. Each one of which they are companies that havemanaged to be placed like leaders in their respective areas.

Manuel

STAFF EJECUTIVOS DE ESTRELLA. De izquierda a derecha , Mario Lockward: Gerente General Acero Estrella, José Antonio Peralta: Gerente General Concredom, Carlos Peralta:

Gerente General Ingeniería Estrella, Rainer Aristy: VP de Proyectos, Manuel Estrella: Presidente de Estrella, Robin Rodríguez: VP de Negocios, Manuel Genao: VP Ejecutivo,

Luis Mella: Gerente Financiero.


Not always a real correspondence

between the last name of a person

and the qualities is had that empha-

size their personality. One of these excep-

tional cases constitutes the industrialist

Manuel Estrella, its talent in the world of the

businesses stands out like the great

Estrellas of the firmament, because Manuel

is a Estrella in many aspects of his life, like

son, father, brother, friend, professional and

man of companies.

It showed to its lights from the uni-

versity classrooms when being received like

Civil Engineer Magna Cum Laude of the

Pontifical Catholic University Mother and

Teacher. As winner consommé' it expressed

dissent increasing its knowledge with a

Masters in Administration, that soon eleva-

tes to another step of the knowledge obtai-

ning the diploma of Masters in Corporative

Finances.

Insigne professor by ten years of

the faculty of civil engineering of its soul to

mater in the structural area, institution of

which today is member of the Meeting of

Directors. Also it expressed passion by its

race, engineering, presented/displayed

excellent communications in national and

international academic events.

But not only it has showed its bri-

lliance in the academic scope, but that also

the engineer Estrella has an ample folder of

social and enterprise services, emphasizing

like member of important institutions of our

country, among them, the Monetary

Meeting, the American Camera of

Commerce of the Dominican Republic and

the Association of Retailers and

Industrialists of Santiago, of which he was

President by three consecutive periods.

At the moment the Caribbean is

Multimedios Vice-president, also Vice-

secretary of the National Council of Private

Companies (CONEP) and

Member of the Meeting of

Directors of the Association

of Industries of the

Dominican Republic

(AIRD), among other

important allocations

assumed by him in front

of our society.

Manuel Estrella

has known successfully to

cross the section between the

theoretical knowledge and the

daily reality of the enterprise world. He is

President-Founder of the Corporation

Estrella, group formed by the companies

Engineering Estrella, Steel Estrella,

Paintings Toucan, American Steel Building

and Dominican Concretera. Each one of

which they are companies that have mana-

ged to be placed like leaders in their res-

pective areas.

By its self-sacrificing work it has received

numerous recognitions and prizes that con-

firm their vocation by the excellence. Spirit

of work that has imposed to the Corporation

Estrella as a mark seal. Frequently it has

been listened to say to him, "The quality is

a culture, is a form to be, is an inspiration, it

is a desire to make the things affluent, and

that culture of the quality is the one that we

put in our companies”.

That sparkle of laborious-

ness and dedication without

intermittence has taken to

the Engineer Manuel

Estrella throughout a

quarter of century to

conform emporium

enterprise that today

serves as reference

when we must speak of

the economic and social

development of the

Dominican nation.

The twenty fifth anniversary of the

Companies Estrella arrives to us with an

engineering company that has developed

the construction of civil and road works,

asphalt, rent of heavy equipment for earth-

work and real estate operations through

time, exhibiting important works of wide

infrastructure to all and the long one of the

Biographical sketch ofa shining industrialist

Estrella

28

national territory.

Another great sample of that delivery

constitutes Dominican the Concretera

Company, with which this emporium of

men and laborious women has come to

mean an ample solution as concrete pro-

ducer plants with the most modern equip-

ment made available of the work construc-

tion.

But the ship standard of the cor-

poration Estrella is represented in a com-

pany that has been pioneering in the

industry of the metallurgical one, which it

offers the design, manufacture and

assembly of metallic structures for com-

mercial constructions, industrial ships and

parks, bridges, maintenances and mezani-

nes, among others, and which is comple-

mented with materials like aluzinc, roofing

tiles real, metaldeck, standing seam, reve-

aled, bajantes plates, sewers, strap and

insulator

Between their accomplishments

Cements emphasize the industrial parks

Andean, Two Ricommercial you, who exhi-

bit constructions of great National spread

like Supermarkets, the Center Seat the

International, González Muebles, Tony

Roma's, Mc Donalds.

In whatever to the sport facilities

it has in its salary the design and construc-

tion of Field UASD Port Silver, the

Multipurpose PUCMM, the Cibao Stage,

Cascade Aguapark and Fun City Action

Park. Also it has penetrated in the cons-

truction of bridges, between which they

are possible to be mentioned the Bridge

Pedestrian UASD Port Silver, the Bridge

Brothers I slide and the Bridge Pedestrian

UASD Nagua.

As pride sample the Acero

Estrella Company can show to the design

and construction of important airports,

among them, Airport the Cibao

International, the Airport the International

White End, the Airport the International the

Catey and the Airport the International the

Roman.

But these great works speak of

an important company in the world of engi-

neering and the construction cannot be

left to a side their interference in one of the

areas most excellent in the economy of

our country, as it is the sector tourism. And

there the influence has arrived from Steel

Estrella, with the structural facilities of

Hodelpa Bávaro and Ocean Blue, Hotel

Courtyard Marriott and Caribbean

Pueblecito Samaná-Opening. This refe-

rred it influences has extended the natio-

nal jurisdictions with the design and cons-

truction of the Codelpa Hotel, in the neigh-

boring island of Jamaica.

Other areas of significant contri-

bution to the real estate world have

expressed in centers of health and monks,

like the building of Diagnosis, the

Orthopedic surgery Center of the Cibao,

Parish PUCMM, the Hall the Kingdom, the

Charismatic Center and the Mita

Congregation.

Thanks to the success of its”

Quality Management System”, Steel

Estrella becomes the first company of

Dominican Republic in obtaining the “for

Certification Steel Building Structures” of

the recognized American Institute of Steel

Construction (AISC), to which another

gem of international recognition granted is

added by American Welding Society

(AWS).

This certification of quality fixes

the standards of production of the industry

of metallic structures and confirms that

Steel Estrella counts on the technical kno-

wledge, the personnel, the equipment, the

experience, the procedures and the com-

mitment necessary to produce and to

export metallic structures of quality

Let us celebrate the twenty fifth

anniversaries (25) of this enterprise corpo-

ration that leads the Engineer Manuel

Estrella, with a recognition of all our rea-

ders to the men and women that forms it,

for vainglory and pride of our mother

country.

BAJO TECHO R E A L E S T A T E M A G A Z I N E | O C T O B E R 2 0 0 8


Metro de Santo Domingo.

Peebles Hospital, Tortola.

Plazoleta Cura-UASD, Puerto Plata. Avenida Hispanoamericana, Santiago.


“To give it is to receive” “Godcompensates the satisfaction ofhaving fulfilled”. More thanwords, they are the facts thatManuel Estrella preaches withthe example.

For the residents of El Puñal of Santiago,the companies Estrella have been their bet-ter neighbor, where tens of men andwomen have found work source, besides toreceive a kind collaboration in all the acti-vities developed by the groups and commu-nitarian organizations.

Recently the facilities of theCenter of Health Don Manuel EstrellaEscaño were inaugurated in occasion of thecelebration of the 25 years of work of thecompanies Estrella in the industry of theconstruction in the Dominican Republic.

The activity counted on the pre-sence of relatives of Don Manuel EstrellaEscaño, official’s government, executivesand personnel of the companies Estrella, aswell as local authorities and communita-rian leaders.

The act initiated with the bles-sing of the parish priest AgustínFernandez,followed of the welcome message by theEngineer Manuel Estrella and closed withthe words of gratefulness of the communi-tarian leader Iluminada Valenzuela deAlmánzar.

The health center takes thename of Don Manuel Estrella Escaño inmemory of the intense humanitarian workdeveloped by the father of the EngineerManuel Estrella, President and Founder ofthe companies Estrella.

This center, conceived for theattention to employees, their families andthe inhabitants of the community of ElPuñal, counts on modern equipment andenabled personnel, like it constitutes asocial work of the companies Estrella thatwith its loosening demonstrates that thereis no steel in the heart of his President, theEngineer Manuel Estrella.

CONTRIBUTECOMMUNITARIAN

Planes de vacunación.

Servicios odontológicos.Consultas médicas.

Centro de Salud Don Manuel Estrella Escaño.


PLAZA

He is not accidental which the ata-

bales, merengue and the bachata

have been nested in our territory,

to conform a rhythmical wealth of world-

wide interest. We are in multiple aspects

a special country with an extraordinary

cultural variety in each one of our com-

munities, from crafts, gastronomy, artis-

tic manifestations, local museums, colo-

nial monuments and other typical sam-

ples.

One of the main motivations of

the tourism is to know the culture, for

those reason countries as France and

Spain receive altogether more than 130

million tourists per year. The cultural

tourism puts in contact to the visitors

with history, the patrimony, the identi-

ties, the customs and traditions of the

towns. It is a binding activity with peo-

ple, the tourist feels that her person is

appreciated and valued. That he is

something more than ticket aerial or a

number that makes increase the

currency.

In the hospitable thing of human

treatment the visitor begins to long for

the hope to return to seed roots in the

country, soon will return, legalize its sta-

tus and will buy real estate properties,

because the cultural tourism is a bridge

to attract real investors, of which feeling

ours, want to see its companies pro-

gress here next to the country. Vast with

watching the great companies of

Dominican Republic, in many of them

there is somebody in a while arrived as

tourist and soon it returned like investor.

The niches of the cultural tou-

rism are immense. If we took as exam-

ple the musical line the potentiality is

noticeable in a single name: Juan Luis

War. But this value beneficially has been

used? And like him tens: Johnny

Ventura, Wilfrido Vargas, Valoy Cuckoo,

Anthony Santos, Frank Reyes, the

Torito…

He is undeniable that the

resources that we have are inexhausti-

ble. The Dominican culture has many

things that to show the world. An effecti-

ve policy of cultural tourism can even

revolutionize plus the tourism, because

the industry without chimney would

expand by all the country stir into action

the communities, turning all the national

territory the great pole of tourist interest.

In all the development of the

cultural tourism, the cultural city coun-

cils and organizations are called to play

a stellar roll. For that reason recently

created Dominican Network of Local

Culture it has an important paper in that

way. The tourism must arrive at bea-

ches, rivers, mountains, and mainly to

the town, that set means a source of

huge resources. We needed to set off

that mine of the human deal with joy, as

valuable as petroleum, that it is it, the

Dominican cultural tourism.

ALEJANDRO ABREUSOCIOLOGIST [email protected]

Cultural TourismIf the tourism is an inexhaustible industry, the Dominican culture is a pending mine of being exploded.God awarded to us with beautiful natural resources, beaches and landscapes of incomparable beauty.But the great treasure of the Dominican ones is our prodigious sense of the joy, expressed in each oneof the activities that conform the cultural identity of our nation.

A mine to be explored

TOURIST


In principle one thought that the crisis

by which it only crosses the economy

of United States would affect the

destinies that benefit from the tourism

of this market. But, the fact that the

situation is affecting other economies

raises one more a more worrisome

situation.

The experts predict that the

amount of tourists who traditionally

move from the United States by the

Caribbean, will be reduced considerably

as of the winter, given the little capacity

of purchase of the North American citi-

zen that has seen lower its income, in

many cases until losing their use.

In the best one of the cases the

belief that is had the North American

will prefer to make tourism within his

own territory, whenever finds supplies

attractive. In other cases one will move

by the Caribbean in cruises, whose

packages continue being cheaper.

In the case of other markets,

like the European, that traditionally

choose the region of the Caribbean to

make tourism, the fact that the econo-

mies are affected by the situation of the

United States, entails to that their vaca-

tions towards the Caribbean can have a

much more dramatic reduction.

The fact that the distance bet-

ween Europe and the Caribbean is lon-

ger, imply greater costs in aerial tic-

kets, something that already comes

affecting to the tourist industry by the

rises in petroleum and its derivatives.

For the European, to remain to

make tourism in its continent will be to

him economically more feasible than to

move towards the Caribbean with the

high costs and the crisis of the world-

wide economies.

Before that reality, the nations

that are important tourist destinies for

the residents in nations that have very

cold winter must be conscious of the

loss in the affluence of visitors that

hopes to them.

There are already some who

they have designed strategies of emer-

gencies with the only intention to resist

the effects of the present world-wide

economic crisis, of way so that they can

leave afloat.

The search of new markets, the

fortification of those already establis-

hed, the implementation of an aggressi-

ve campaign of promotion, supply of

new attractive, more incentives and

implementation of a sky policy opened

from important places for the increase

of the tourism, are of the plans strategic

to execute themselves at the moment.

When seeming, the new equip-

ment that assumed the secretariat of

tourism 16 of August the past when

Fernandez began the present govern-

mental period of president Leonel, is

conscious of the situation.

The present secretary of tou-

rism, lawyer Francisco Javier García in

his first international management

obtained that two of the main Russian

aerial airlines increase their numbers of

direct flights from Moscow and St.

Petersburg to Dominican Republic.

Still when this it is a distant

market of Dominican Republic, obtai-

ning to increase the arrival of tourist

thence is important. This is going to

allow that about 65 thousand Russian

tourists arrive at the country during the

season, surpassing 31 thousands of the

last year.

The crisis that affects the great economies of the world, beginning by the North American, will force thetourist destinies of the Caribbean to look for new markets that allow them to compensate the reductionin the number of visitors whom they will have while the problems persist.

Economic crisis and Tourism

DANIEL GARCIA [email protected]

TOURIST


ATMOSPHEREMARCELLO [email protected]

Recent investigations have reve-

aled that 2.500 years before

Christ the Egyptians practiced a

sport of characteristics similar to ten-

nis which we know nowadays. Indeed

have been drawings of that time where

are to personages carrying leather ball

and wooden pallets, like findings with

similar characteristics pertaining to the

old civil izations have been made

Greek and Roman.

In their beginnings this sport

practiced horsemen and ladies of the

Court, with the modality of which they

did not use racket, but that sent a fra-

gile ball or bag of stuffed fabric with

hair of farmers over a cord, striking it

smoothly with the open hand and which

represented a good reason to exercise

a little while they shared the tea.

This original modality of tennis

was known in France during century

XIV as the “Sport of Kings”, getting

King Luis X to prohibit it by years,

because the popularity of the game

reached to the town where they began

to practice it, done that the King disli-

ked because he was conceived as an

exclusive sport of the monarchic elite.

The origin of the present ver-

sion of this exciting sport is still uncer-

tain, but many credit to their invention

to the British commander Walter

Clopton Wingfield, who in 1873 practi-

ced it under the name of “sphairistiké”,

that in Greek means “playing with

ball”. Some scholars of this sport think

that in fact Wingfield adapted the prin-

ciples of jeu of paume, squasd and

badminton to a game of exteriors, rea-

son why many prefer that this sport is

called from their same creation like

“turf tennis” or simply “tennis”.

In our days tennis is a sport for two or

four people with rackets and balls that

gambles the free air or in tracks cove-

red in different types from surface, like

beaten earth, turf, cement, park or arti-

ficial turf. When two play contenders

are called individual and when they

are four, double. A tennis match is

made up of “games” (games) and “sle-

eves” (sets). The first player or pair

who gains six games, whenever main-

tains two of difference with respect to

the rival equipment, gains the Seth.

Modern tennis began in the

fields of the All England Lawn Tennis

Marcelo Franco inauguratesthe section “Sport Areas” withan interesting article in whichshe gathers history of tennis,to that defines as “sport ofkings”. It analyzes in additionthe physical characteristics tothe areas where east gamethat has reached an incrediblepopularity, to the end prac-tices, that today is spoken ofthe “world of tennis”.

Tennis,SPORT

King’s Sport


and Croquet Club, where the most tra-

ditional match arose from this sport

and that follows effective until today,

the Match of Wimbledon. The first

championships amateur or of fans

were celebrated in 1877 in their mas-

culine version and 1884 in the femini-

ne one in the fields of this Club, being

introduced in the last decade of cen-

tury XIX in the British colonies world-

wide, getting to become one of the

most popular sports since it is concei-

ved so that outpost can be played from

the childhood to an age.

Professional tennis has pros-

pered in the United States from 1926,

when the promoter of sports Charles

C. Pyle for all time organized a profes-

sional circuit in this country for outs-

tanding American and French players,

in whom Suzanne Lenglen participa-

ted, one of the best players, forming

the following year the American

Association of Professional Tennis.

By then the professional pla-

yers were not authorized to play

against the fans and, therefore, many

of the best ones of the world did not

participate in the championships of the

Grand Slam, having to face in matches

of smaller importance. This situation

changed in the decade of the 60, when

the rules changed so that the profes-

sional and become fond of players

could compete in equality terms, for-

ming the matches opened in where

fans and professionals by a prize in

money face whose popularity has been

increased throughout the years.

The track of the tennis courts

can be of beaten earth (slow), grass

(fast) or cement (very fast). It is a rec-

tangle of 23.77 meters in wide length

by 8.23 meters playing individual par-

ties, and 23.77 meters by 10.97

meters to play double parties.

The lateral l ines of tennis

courts like those of the bottom they

mark the limit of the playground and

must be of the same color. These lines

must have a wide one between 2.5 and

5 cm., like the lines of serve that toge-

ther form the four pictures. In half of

each line of the bottom is a mark of 10

cm. of length and 5 of wide that are an

imaginary continuity of the central line

of serve.

In the official competitions it

must have a minimum space of 6.40

meters after rays of bottom and 3.66

meters from the lateral ones. The net-

work needs to have a height of 1.07

meters, and to be suspended of a

metallic cable of a diameter that it has

to have at the most of 0.8 cm., covered

by a band of white color between 5

and 6.3 cm. of width. The network

must be the sufficiently dense thing to

prevent that the ball transfers it with

facility.

In the particularity of doubles

they govern the same rules that stops

the parties that gamble individual,

excepting the width of the playground,

that extend 1.37 meters in each side,

and of the network, that happens to

measure 12,8 meters.

If it counts on space and it animates to constructits own handle of tennis must have a minimumarea of 300 square meters which will have tosurround in cyclonal mesh or any other mate-rial that avoids the lost constant of the ballsthat are used to play this glamorous sport ofwhite uniform and short trousers that itsmonarchic exclusive feature has exceeded to beplaced like one of most popular in the socialclubs and hotel facilities.

IMPORTANT


CARLOS MANUEL [email protected]

National Cadastre and Internal Taxes

Two governmental institutions that

they have like the one of his main

functions estimate of the buildings

for the payment of the fiscal taxes to the

Dominican State. Both have a department

that makes official estimates to the different

users in all the national territory.

In spite of the delicate work of

those departments, the personnel at

national level of the Department of

Estimate in the National Direction of

Internal Taxes is not taking into account

that with those estimates will pay fiscal

taxes to certain buildings whose value

will be registered automatically.

This personnel, at the time of

making a estimate, does not analyze the

classification of the construction that can

well be new, recent, old and old, which

throws that in his information it does

without itself the depreciation scale of the

constructions that, in addition, can be

very good, good, regular, bad, very bad

and non-recoverable. They do not appear

the considerations both of supplies and

demands and, in many of the cases, this

work are made in the office with the aid of

one old table of prices.

He is a personnel who, in its

majority, does not belong to the official

organisms that regulate the expert, tech-

nician or professional of this area, as

they are the Dominican Institute of

Appraisers (ITADO), Dominican School of

Engineers, Architects and Land-surve-

yors (CODIA), Supervision of Banks and

CATACODIA. When this personnel is

transferred to see the building its equip-

ment of support is physically a tape to

measure and he only calculates the front

and the bottom of the lot.

In that sense it is not possible to

trust the results of those estimates.

Therefore they arise inconvenient, very to

slight, in the different regional addresses

from internal taxes of the moment for eli-

minating the user to him, the tax amount

to pay by its property.

When the user complaint, is sent

to the Main directorate of Cadastre,

where he must ask for a new estimate of

the building, although already in this ins-

titution he is a little different, at least, the

technicians better are prepared and exist

professional trained in the area of the

real estate estimate. When the Cadastre

does the work sends the report to the

user and this one gives it to the

Department of Estimate of the Regional

address of Internal Taxes that accepts

like good and valid the estimate of the

Cadastre for fiscal aims.

Nevertheless, we understand

that the Main directorate of the National

Cadastre would have to also consider for

the evaluation of the buildings, the sale

prices in the zone or sector, the renting

contracts, its operation and yield, and the

values declared by the owners.

Among others of the main tar-

gets of the Cadastre they are, the

Registry of all and each one of the pro-

perties with its exact location by means of

cadastral planes; to define the characte-

ristics of each property; to determine the

number and type of buildings, its mate-

rials and state of conservation; to esta-

blish with exactitude or the proprietors on

the basis of corresponding documents; to

make evaluation of the services public on

whom a specific community counts; to

obtain by means of the accepted univer-

sal methods the value of all the buildings;

to offer to the State and the municipalities

statistical, topographic or economic the

data necessary for the preparation of pro-

jects of development of reform and urban

planning, thus as for the collection of

taxes and wills; and to give to the private

institutions and the public in general,

necessary the technical and economic

information for the development of its

activities concerning real estate.

These ample faculties of the

Cadastre, the hegemony of its appraisals

as opposed to those of Internal Taxes and

the fact that this tax institution unders-

tands that the estimates of the private

valuers are not advisable who he himself

State authorizes to exert like professio-

nals of the estimate of buildings, takes to

ask to us to us so that they are not assig-

ned to him definitive and exclusively to

the National Cadastre the appraisals for

the collection of the fiscal taxes?

Carlos Manuel Guance, from his optics of surveyor, exposes with clarity and masters theduality of functions between the National Cadastre and the Department of Estimate of theMain directorate of Internal Taxes, mainly, at the time of making the estimate of the buildingsfor the payment of the taxes. The critical comparison is rich in solution proposals.

WORKSHOPURBAN


Key of urban mobility:

Planned parking

The recent one dispute between

the proprietors of businesses of

the denominated Chinese

District of Santo Domingo and the

municipal authority is a sample of the

necessity to deepen in the systemati-

zation and the efficiency of the parking

to vehicular of our cities.

A good circulation and a

correct parking are basic elements for

urban mobility. A network of parking

with good accessibility is key tool to

reduce unnecessary traffic of agita-

tion, name with which a circulation dif-

ferent is designated from origin-I des-

tine initial, so establishes the discipli-

ne Urban Mobility that treats east sub-

ject.

And it is that the streets are

not garages. The parking must be

smaller where the basic necessity is to

circulate, and in any case must be paid

by the use of a little good with high a

social cost. A management of parking

in the public thoroughfare must exist -

and outside her so that the cost is

upper in the first case. Lamentably a

Direction of Parking does not exist that

organizes this so important part of the

urban management.

The goal would be that the dis-

placements address-work is basically

in public transport. Until as much that

goal can be viable, the city will have it

are prepared themselves in that direc-

tion, but to try that all the vehicles find

easily where to park and that does not

exist congestion to vehicular is a chi-

merical goal.

Lamentably the present requi-

rements propane to destine an impor-

tant portion of the urban ground to the

parking deprived by means of already

obsolete norms. In great part of the

city, where the unmannerliness predo-

minates, these norms are not fulfilled.

By another part, the posses-

sion of an automobile must imply the

responsibility by its parking. The auto-

An excellent delivery of the architect Pedro Mena, with regard to the debated subject of the mainte-nance in the streets of Santo Domingo. Their ideas open new restlessness that could well be takeninto account by the municipal authorities.

PEDRO MENA [email protected]

URBAN

WORKSHOP


mobile is in rest most of its life and this

has a cost to which the user must do in

front, since he makes to the purchase

of the vehicle and his maintenance.

The road discipline is vital to maintain

the balance of the system. A suitable

work of police and payment of fines,

and a careful design of physical limita-

tions, helps the education of the less

reliable conductors.

To circulate either and to park

or will only be possible with the accep-

tance of elementary basic ideas. To

circulate has a cost for the user, to

also park has it. To circulate demands

the fulfi l lment of norms, to park

demands to fulfill own ones and to

avoid the illegality.

One needs an Urban Program

of Parking like answer to the problem

of the public space invaded by the

vehicle park, preventing the adapted

benefit of the this on the part of the

pedestrians, degrading image of the

city, destroying or mistreating the

green zones and causing congestion

to vehicular in some cases. In addition

limiting the development to sectors

characterized like “areas of multiple

activity seriously” affecting vital histo-

rical, commercial and institutional

nuclei. This problem is consequence

of the deficiency of zones specially

destined to the parking of vehicles.

Lamentably the hospitable

centers and mainly the sets of buil-

dings governmental public and offices

- Until such city councils! - they are but

the deficient ones in this aspect. It

agrees to make studies of supply and

demand in the zones identified like cri-

tics for the location of the parking and

later, to choose concessionaires

selected by means of public aid so that

they develop the definitive designs,

the construction and operation of

which is located in the subsoil of the

spaces municipal public.

They will appear who riposte

against a system of concessions,

arguing neogaleanicamente that a dis-

traction is the public space, but “take

care of-cars” is an informal concessio-

naire of fact, tolerated because padre-

familismo, an own deviation of our

society, has turned that function a clo-

sed and reserved boundary.

In general the subject of the parking in

the cities is to position and is respon-

sibility of each municipality. The esta-

blishments will have to fulfill the effec-

tive norms and to be approved as far

as his determine the proportions and

circulation by the corresponding

authorities. Each municipality must

have a Unit of Supervision and Control

of Parking, employee of its respective

Direction of Transit and Urban Mobility.

This unit would grant the concessions,

would prepare the licitations and

would assume the administrative

awarding.

The municipal administrations,

by virtue of the new community union

figure, could even delegate in an inter-

municipal corporation that handles the

subject of the parking to vehicular

inasmuch as it constitutes an essential

component of urban mobility. Each

concessionaire would pay the corres-

ponding taxes, rates and wills like pri-

vate company.

The tariffs and modalities of

collection per time, permanent renting

or other modalities of advantage of the

parking would be determined by the

concessionaires, who will have to their

position the control, taken care of

maintenance and of the concessionary

area, including the spaces on the

public thoroughfare that are determi-

ned. The use of parking machines is

not necessary, these objects are part

of an obsolete technology. Systems

more efficient exist than we will see in

a next delivery.

URBAN

WORKSHOP


VÍCTOR SANTANA POLANCOJUDGE OF TERRITORIES COURT OF THECENTRAL [email protected]

Before the Superior Earth Court

empowered to know a resource

appeal against a sentence dic-

tated by a Judge of Original

Jurisdiction, the parts can reproduce

before the Court of Raised the same

tests that appear before the Court of

First Degree, and to even produce

other new ones in addition to already

contributed in Original Jurisdiction, by

application of the Maxima “head of cat-

tle devolvitur ad indicem speriores”,

that consecrates the returned effect of

the appeal resource, every time the

Superior Earth Court is left proxy of all

the questions in fact and right.

The returned effect that produ-

ces the appeal resource, before the

Superior Court of Earth, it has histori-

cally not had application, every time

the Raised Court of always knows and

weighs the offenses caused by the

resorted sentence, as if he was a small

memorial of abrogation, and the appe-

als tried before the Superior Earth

Courts, although it has been empowe-

red of all the questions in fact and

right, they only know the offenses that

to him the sentence opposed and not

on the initial demand produces , that is

to say, to return to be discussed all the

questions that in fact and right were

raised before the Court of Original

Jurisdiction that dictated the sentence.

In a resource of appeal before

the Superior Earth Court, in which a

sentence dictated by a judge of

Original Jurisdiction resorts, relative to

a litigation on registered rights, the ori-

ginal plaintiff, by the fact of being the

resorted one in appeal, is not

released to contribute the

tests in the Superior

Earth Court, in

appeal degree she

even corres-

ponds to test of

the cause and

the object of the

demand.

Of con-

formity with the

economy of the

article 1315 of the

Civil Code all the one

that alleges fact in justice

is in the obligation to prove it; the-

refore, the plaintiff must prove the

facts and acts that allege in support of

their demand; and, by virtue of that

same principle, the demanded one

must prove the facts and acts that alle-

ge in support of their defense or

means of unadmission and exceptions

that oppose to the plaintiff like founda-

tion of their liberation; reason why, if

the plaintiff does not provide to the

test of the acts and facts that serve as

foundation their demand, judge or

court will have to reject it.

The Supreme Court of Justice,

acting as abrogation cut, has been

pronounced of the following way: “It

concerns little that the original plaintiff

is intimate in appeal, with regard to the

obligation to prove their pretensions,

since before the jurisdiction of

second degree the ques-

tion appears as it has

appeared before the

jurisdiction of first

degree”. Cas. 18

of May of 1931,

B.J. No 250, p.

51 (Alphabetical

Repertoire of

D o m i n i c a n

J u r i s p r u d e n c e

year 1908-1033,

No 1126, p. 231. Lic.

Manuel Ubaldo Gomez).

When the demanded

one before the Court of Original

Jurisdiction, as a result of a litigation

on registered rights, interposes an

appeal resource, the obligation to test

is totally in charge of the intimate

plaintiff, since this one is the one who

has taken the initiative from the pro-

cess; and in view of the returned

effect of the appeal, that begins in its

integrity the trial raised by the deman-

ded one, with all means on which it

leans, the debate again opens and

begins before the jurisdict ion of

second degree in the same conditions

and state that before the judge of

first degree.

The magistrate Victor Santana Polanco analyzes the test and the effects of the appeal resource beforethe Superior Earth Court.The work deepens in the basic aspects of the resource, based its exhibition onlegal texts and jurisprudence.

Proof and returned effectof the appeal in the TST

ROOMLEGAL


RAFAEL CIPRIANWRITER, JURIST ANDJUDGE OF THE T.S.T. DPTO.POWER [email protected]

In agreement with Cadastral Article

163 of the General Regulation of

Measures “Defining is the act of

made rise to constitute the title state of

a determined part of a land registered

and sustained in a Written down

Certainty, to aim of which his holder

can separate his property of the rest of

the original parcel.” It is contemplated

in Paragraph 1 of the Article the 130 of

the Law of Real estate Registry and

Articles that go from the 163 to the 170

of Cadastral the General Regulation of

Measures.

The right that has the proprie-

tors of undivided buildings to define

itself or to subdivide itself is a consti-

tutional guarantee. It is protected by

numeral 13 of Article 8 of our

Constitution, which consecrates the

property right. All international the

legal instruments of rights of the peo-

ple, like the Universal Declaration and

the Inter-American Convention of

Human rights, among others, also con-

template it and comprise of our legal

system.

The defining, in opposition to

the other title rises, always is contra-

dictory, according to indicated Article

130 of the Law of Real estate Registry.

The defining is the real estate technical operation that allows to individualize the rights of a propri-etor in relation to the other co-owners of a same lot or parcel. With the defining it is located, oneseparates and the amount of land is distinguished that corresponds to a co-owner with respect tothe others whom they have right registered in certain lands.

The defining protectsyour property

ROOMLEGAL


Therefore, the defining without the

empowering of the Judge of territo-

rially competent Original Jurisdiction

cannot be made. The one that it exe-

cutes the works of field and cabinet for

the preparation of the planes is the

designated surveyor to make the defi-

ning.

The defining allows that a

Certificate of independent Title for the

portion of lands that has been put

under that technical operation, with

which is sent is born to the legal light

a new building. It will be denominated

with the corresponding cadastral

designations.

According to Article 815 of the

Civil Code, to anybody it is possible to

be forced to stay to him in indivision

state, this is, that any co-owner can, at

the moment in which it decides it, for

making the defining of the portion of

land to which it has right, without

nobody can prevent it to it.

It is advisable that all the people whom

they have registered real estate rights

in community make the defining. With

this they avoid confusions, limitations

and other disadvantages in the exerci-

se of the right of its property.

Therefore, each house that is cons-

tructed in a portion of land no defined

must be individualized technically and

legally so that the ceiling of that family

as opposed to does not run risks frau-

dulent intentions of unscrupulous.

ROOMLEGAL


LIVES

The professional life of Don

Pablo Mella confirms that in

the scope of the architecture

when the individual thing is exten-

ded and it works for the society in

city-planning projects as he did it,

the artistic sensitivity of the master-

ful designer can be appreciated and

be felt in any corner of a street or

avenue of our country.

According to Him Corbusier

the architecture it is art thing, a phe-

nomenon of emotions that is outside

and beyond the constructive ques-

tions and within that definition Pablo

de Moral Jesus Mella figure in the

podium of the five more influential

Dominican architects of last the fifty

years, that from the technical point

of view, is considered like one of the

city planners of greater legacy and

impact in Santo Domingo city.

It opened to its eyes for the

first time in the city of Port Silver 6

of June of 1932. Son of the doctor

Juan Pablo Mella and Mrs. Luisa

Morales. It was married with

Josefina Ivonne Alfonseca, with

which it had two piston rods, Paul

and Ivonne Mella., this last also

architect. Pablo Mella graduated in

Architecture in the Independent

University of Santo Domingo

(UASD) and attended a master in

Urbanism in the University of

Bogota, Colombia.

It much really has that of

which the “street is a history that

then Pablo walks” Mella seems to

walk by all those routes that he

designed and I leave with own

name: avenues 27 of February,

Núñez de Cáceres, Luperón and all

the routes of circumvallation of the

capital city.

Octavio Paz said to us that

urbanism is the great book of the

humanity and in the pages of that

book must be Pablo Mella, creator

and designer of the residential sec-

tors of the Mines, Deep Stream, the

Rivers, the Chieftainships, the

Ducado, Finery, .redemption, among

others, in whose factory of work

“Urbanization, Houses and Studies”

(LARGE CITY) still conserve the ori-

ginal scale models.

For the architect Alcides

Calderón, Pablo Mella “is the great

city planner, the teacher of all the

great projects of the era of Trujillo. A

genius of the urban planning.

Creator of the Plans Pilots of

Development for the provinces of

Samaná. Port Silver, the Roman,

San Francisco de Macorís and

Santo Domingo. It leaves in folder a

monumental work, “the interconnec-

ted terrestrial ways of all national

geography”, a work like him, of

giant.”

Under Ceiling it recalls to

this titan of Dominican urbanism, in

recognition of its great contributions.

Thrilled of which someday one of

more than 300 streets and avenues

that Don Pablo Mella baptized can

honour taking it its name. Eternal

Gloria for this great notable of the

architecture.

Pablo de Jesús

Pablo Mella is a special townplanner, the master of all the majorprojects of the era of Trujillo.

Arq. Alcides Calderón

Mella Morales

NOTABLE

WHERE TO FIND THE FIRST MAGAZINEREAL ESTATE IN DOMINICAN REPUBLIC

Santiago

Av. Bartolomé Colón

Av. Bartolomé Colón, Centro Jorge

Juan Rodríguez

Calle Colón 11 Av. Imbert

García Godoy 83

Pueblo Principe

Restauración 19

Calle Castillo 34 Calle Castillo

Av. BartoloméColón

Genaro Pérez 17,Rincón Largo

Av. 27 de Febreroesq. OnésimoJiménez

Bávaro

Higüey

27 de Febrero, esq.Máximo Gómez

Romulo Betancourt 1410

Romulo Betancourt 2058

Nuñez de Cacere 108

Beller 159

Autopista Duarte

R.Betancourt 2058

JF Kennedy 5

JF Kennedy

JF Kennedy

Plaza Central

Av. Luperon 76

Padre Billini 58Mirador Sur

Rafael Augusto Sanchéz N0. 16

Sarasota, Malecon Center

Sarazota 106

SarazotaRomulo Betancourt 2012-B

Carretera Sánchez

Romulo Betancourt

Isabel La Católica

Av. Tiradentes

Av. 27 de Febrero

El Conde 252

Calle 27 de febrero 48

27 de Febrero Esq. Imbert 86

Santo Domingo

Plaza Intercaribe

BUFETE PINA PIERRET

La Vega La Romana

27 de Febrero

Independencia 26

San Fco. Macorís

Valverde Mao

TO ADVERTISE WITH US CALL US [809] 482-6226 NOVEMBER EDITION 2008CLOSING 31 OCTOBER 08PUBLICATION 10-11-08W W W . B A J O T E C H O . C O M . D O

BVM

Las Galeras

Las Terrenas

Samaná

Documents

Bajo Techo | Revista Immobiliaria