The Provisional Judicial Administrator is: an agent appointed in court and in charge, in the event of serious difficulties that prevent the normal functioning of the undivided estate, of momentarily ensuring the management of the estate affairs [1] .
On the need for the appointment of a Provisional Judicial Administrator, Alexis Read, in his book The Jurisdiction of Referrals, Theory and Practice, on page 66, cites the decision issued by our Court of Cassation when it established that :
Contrary to what was expressed by the appellant in cassation regarding that (...) the existence of a serious response prevents the action of the referral judge to appoint a judicial administrator in the case of the species, generated by the existence of two assemblies and two councils of administration, this supreme court of justice as court of cassation understands that this serious contestation and conflict of interest in the company to be administered judicially is what justifies the intervention of the judge of the referrals, in order to take the necessary measures tending to avoid damages irreversible in case of non-intervention.
Also the Dominican Jurisprudence on the occasion of a litigation process in partition has been judged that:
The existence of several lawsuits in partition and administration of the assets of the community is sufficient for a provisional judicial sequestrant to be appointed to administer the assets fostered during said community until its partition and definitive liquidation, as a useful measure to prevent a party from being benefited more than the other goods. SCJ, First Chamber, August 21, 2013, numbers 55 and 66, bj 1233.
Similarly, the Jurisprudence on the powers of Judges in our country has established that:
Judges may provisionally order the judicial seizure of property whose ownership or possession is in dispute if they verify that the litis is serious, despite the fact that there is no imminent danger or urgent need for the property or that its conservation is at stake. SCJ, Third Chamber, March 6, 2013, number 21, BJ 1228.
This is what the French Doctrine refers to in relation to a Judicial Administrator since: it can be sued in court, either by the administrative or management bodies, or by a shareholder or a group of shareholders .
The causes or conditions that justify the judicial appointment are: A) That the difficulty in the business is such that it prevents its regular operation and compromises the common interests; B) The common interests must be exposed to certain and imminent harm; and C) The need that by the fact of the appointment of the judicial administrator the situation in the business can be improved.
