Peru - Enforcement of Money Judgments
Author(s):
Jorge Velarde
Page Count:
22 pages
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1 PDF Download
Jurisdictions:
Description:
Originally from Enforcement of Money Judgments
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I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF
FOREIGN MONEY JUDGMENTS
FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including
courts) toward enforcement of foreign money judgments.
The Peruvian legal system admits a foreign country’s right and
capacity to administer justice according to its own jurisdiction and
laws. Notwithstanding, such acknowledgement does not imply that
Peruvian courts will enforce any foreign judgment. In fact, Peruvian
courts will not enforce judgments concerning matters of exclusive
Peruvian jurisdiction. Furthermore, Peruvian Civil Code, in force since
November 14, 1984, states the principle according to which the
enforcement of a foreign judgment has to be based, relies on the
existence of a treaty executed with the country from which the
judgment originates or, failing that, based on reciprocity with the
country of origin. In this sense, absent a treaty, the foreign judgment
will not be enforceable in Peru if Peruvian judgments are not
enforceable in the country of origin or if the legal base and the merits
of the case are subject to review by such country’s courts.
B. Briefly describe recent illustrative attempts, whether
successful or unsuccessful, to enforce a foreign money
judgment in your country, particularly with regard to
enforcement of any judgments from U.S. courts.
An interesting argument has been brought up by a Peruvian court
in an exequatur during 1987. A summary final judgment issued by the
Circuit Court of the Eleventh Judicial Circuit in Dade County,
Florida, Case No. 80-10598 CA 13 between Maxfield Texturing Inc.
v. Victoria Fabrics Corp. and others, ordered the defendants to pay in
favor of the plaintiff, jointly and severally, the sum of US
$122,231.73. This foreign judgment was submitted for exequatur
before the Fourth Civil Hall of the Superior Court of Lima. Despite
the fact that no treaty or evidence of reciprocity was presented, such
Peruvian court acknowledged enforcement. The Peruvian court based
its decision on the fact that legislative aspects and facts in both
countries are similar and that there is no reason to believe that a
Peruvian judgment would be questioned on its validity or would be