Chile - Enforcement of Money Judgments
Author(s):
Alessandri Attorneys at Law
Page Count:
24 pages
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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 enforcement of judgments rendered by foreign courts, including
those relating to money obligations, is entrusted in Chile to the
ordinary courts established by law. The Executive Branch does not
intervene therein by virtue of the principle of separation of powers as
established in the political constitution of the Republic of Chile.1
The enforcement of judgments rendered by foreign courts is
generally controlled by international conventions or treaties. In absence
of a treaty or convention, the principle of reciprocity applies. Absent
any of the foregoing, the laws of Chile2 as a general principle establish
that the decisions of foreign courts shall have in Chile the same validity
as if they had been issued by Chilean courts provided that certain
requirements are met and that the Supreme Court of Chile approves
their enforcement in a special procedure named “exequatur.”
The tendency on the part of the State of Chile has been to give a
more ample and liberal application to this general principle. Thus, in
1978 one of the requirements for the enforcement of a foreign
judgment, that the decision not be rendered by default of the defendant,
was repealed. As from this 1978 amendment, it is sufficient to show
that the defendant had notice of the complaint.3
Not only judgments by judiciary courts may be executed but also
resolutions or awards issued by arbitrators.4 In 1975 Chile approved
the Convention on the Recognition and Enforcement of Foreign
Arbitral Awards. Completed in New York in 1958 by the United
Arbitral Awards. Completed in New York in 1958 by the United