10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

c) the party against whom the judgment has been rendered should have been duly notified, andlegally represented or declared in default according to the Acts of the country where theaction was pursued.d) the judgment must not be contrary to the provisions of public order in the country whereexecution is sought.The Judge before whom the petition for foreign judgment execution is filed, may, without any furtherstep, and upon party’s request, as well as ex officio, order any preliminary measure necessary toensure the enforcement of the judgment, according to the local legislation related to seizure andattachment, restraining orders and other preliminary measures. (Art. 8)B) INTER-AMERICAN CONVENTION ON EXTRATERRITORIAL ENFORCEMENT OF FOREIGNJUDGMENTS AND ARBITRAL AWARDSParaguay is a signatory of the 1979 Montevideo, Uruguay Convention. Act 889/81 ratified theConvention and it applies to any judicial judgment and arbitral award rendered in civil, commercial, orlabor procedures in a signatory State, provided that at the moment of the ratification, any one of themexpressly reserves the right to limit the application to the condemnatory judgments on patrimonialmatters. Likewise, any of them may declare at the time of ratifying the Convention that it shall alsoapply to final judgments rendered by authorities with jurisdictional duties as well as to criminaljudgments when referring to the compensation of damages caused by an offense.Judgments, arbitral awards and foreign judicial judgments referred to above shall have extraterritorialeffectiveness in the signatory States if the following conditions are met:a) judgments must comply with all required external formalities and be considered authentic inthe State from where they proceed.b) judgments, awards and jurisdictional resolutions and annexed documents, required pursuantto the present convention, must be duly translated into the official language of the Statewhere they are to become effective.c) they must be duly legalized according to the Act of the State where they are to becomeeffective.d) the competent Judge or Court must have jurisdiction in the international sphere to judge andhear the case in accordance with the Act of the State where it should have effect;e) the defendant must be duly served or summoned according to the Act, which should besubstantially equivalent to the Act of the State where the judgment, award and jurisdictionalresolution should have effect;f) the defense of the parties involved must have been secured;22Berkemeyer Attorneys and Counselors | Asunción - Paraguay

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!