Paraguay - Enforcement of Money Judgments
PDF from "Enforcement of Money Judgments"
Originally from Enforcement of Money Judgments
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
The government is receptive to the recognition and enforcement of foreign money judgements. From the Paraguayan Private International Law’s standpoint, the Treaties of Montevideo of 1889 and 1940, “Las Leñas” Protocol (MERCOSUR: Protocol of Cooperation and Jurisdictional Assistance in Private, Commercial, Labor and Administrative Matters) and the Inter-American Convention on Extraterritorial Validity of Foreign Judgements and Arbitral Awards of 1979 refer to enforcement of foreign money judgements. The latter has been ratified by a large number of American countries and establishes the requirements for the recognition and enforcement of foreign money judgments. When none of the international treaties apply, then the Paraguayan Civil Procedural Code (“CPC”) applies. In addition, the Paraguayan Procedural Code establishes the procedure by which foreign money judgments can be recognized and enforced.
B. Briefly describe recent illustrative attempts, whether successful and unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.
Court: Civil and Commercial Court of Appeals, Chamber 1
Parties: Filártiga Ferreira, Joel Holden and/or Filártiga, Dolly María Elena v. Peña Irala, Américo and/or Paraguayan State
At this particular case, the plaintiff requests the enforcement of the foreign judgment to a Paraguayan court. As neither the defendant nor the District Attorney were notified during the procedure for recognition of the judgment, the Court of Appeals decided to deny the enforcement of the judgment.
Court: Civil and Commercial Court of Appeals, Chamber 4
Parties: Gonsel SA v. Paraguayan State