TITLE II JURISDICTION
(Articles 2057 º to 2067 º)
Section 2057 .- Competence of persons domiciled in Peru.
Courts Peruvians are competent to hear actions against persons domiciled in the country.
Section 2058 .- Competence of persons domiciled in the case of equity shares.
Peruvian courts have jurisdiction to hear in trials resulting from the exercise of financial content actions even against persons domiciled in a foreign country, in the following cases:
1. When the actions relating to real rights over property in the Republic. In the case of land that competence is exclusive.
2. When the actions related to obligations to be performed in the territory of the Republic or arising from contracts entered or acts committed in the territory. In the case of civil actions arising from crimes or offenses committed or whose results have been produced in the Republic, such competence is exclusive.
3. When the parties expressly or impliedly subject to its jurisdiction. Unless otherwise agreed, contemporary or prior to the submission, is the exclusive choice of court.
º .- Article 2059 Submission implied.
is submitted to a court tacitly who appeared at the trial without a reservation.
not imply submission or renewal for a court procedural acts aimed to object to such jurisdiction, or made under the threat or imposition of coercive measures on the person or your rights or property.
º .- Section 2060 Extension or choice of foreign court in matters of national competence.
The choice of a foreign court or the extension of jurisdiction in his favor to hear in trials resulting from the exercise of shares in financial content to be recognized, provided they do not relate to matters of exclusive jurisdiction of Peru, or constitute abuse of rights or contrary to public policy in Peru.
Section 2061 .- Competence of Peruvian courts in actions on totality of assets.
Courts Peruvians have jurisdiction to hear in trials resulting from the exercise of universal set of actions relating to property, even against persons domiciled in a foreign country when the applicable Peruvian law is to govern the matter, according to its rules of private international law.
However, respecting the Peruvian competition to hear actions concerning the estate of the bankrupt in respect of assets located in Peru, and without prejudice to the provisions of Title IV of this Book.
Section 2062 .- Competence of Peruvian courts on state actions, the ability of people and relationships.
Peruvian courts are competent to hear in trials resulting from the exercise of stock on the status and capacity of natural persons, or family relationships, even against persons domiciled in a foreign country, in the following cases:
1. When the Peruvian law is applicable, in accordance with its rules of private international law to govern the matter.
2. When the parties expressly or impliedly subject to its jurisdiction, provided that the cause be an effective link with the territory of the Republic.
º .- Section 2063 Forum of need.
Peruvian courts have jurisdiction to issue interim measures of protection of natural persons who are in the territory of the Republic, even against persons domiciled in a foreign country, although they lack jurisdiction to hear the merits.
Article 2064 º .- Priority arbitration agreement on the optional board.
The Peruvian court decline jurisdiction if the parties have agreed to arbitrate a matter of voluntary Peruvian jurisdiction unless the arbitration agreement has allowed for the eventual submission to the Peruvian courts.
Article 2065 º .- Unit forum.
The Peruvian court validly known demand is also competent to hear the counterclaim.
Article 2066 º .- pendens and res judicata.
When an action is pending before the same object and between the same people, the Peruvian court suspend the case if you can provide that the foreign jurisdiction shall deliver, within a period not exceeding three months, a resolution that can be recognized and enforced in Peru.
The trial took place in Peru is considered initiated on the date of the notice of claim to the defendant.
The Peruvian court annuls the proceedings, if it is presented with a foreign decision.
Section 2067 .- Competence Peruvian court's refusal.
The jurisdiction of the Peruvian courts to hear actions filed against foreign states or their leaders, diplomatic representatives, international organizations and their representatives, is regulated by the provisions of international treaties on the matter ratified by Peru.
Except as provided in this title, the Peruvian courts lack jurisdiction to hear:
1. Actions in relation to real rights on lands situated abroad.
2. Of the issues that had been submitted by the parties to a foreign jurisdiction, in accordance with the provisions of Article 2060 º.
3. Actions concerning the status and capacity of natural persons or family relationships, if not the cause has no effective link with the territory of the Republic.
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