PART IV RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS AND ARBITRATION
BUGS (Articles 2102 º to 2111 º)
Article 2102 º .- Foreign Judgement. Principle of reciprocity.
The sentences pronounced by foreign courts have in the Republic of force given to them by treaties.
If no treaty with the country in which the sentence was passed, is this the same force in that country is given to the judgments delivered by the Peruvian courts.
Article 2103 º .- Reciprocity negative.
If the sentence comes from a country that is not satisfied with the rulings of the Peruvian courts, does not have any force in the Republic.
are included in the preceding provision judgments from countries which are reviewed in the background, the failure of the Peruvian courts.
Article 2104 º .- Requirements for recognition.
For foreign judgments are recognized in the Republic requires, in addition to the provisions of Articles 2102 and 2103 º º.
1. Not resolve issues unique Peruvian competition.
2. That the foreign court was competent to hear the case, according to its rules of private international law and general principles of international procedural competence.
3. Has been referred to the defendant under the law of the process, which has been granted reasonable time to appear, and which have been given due process to defend themselves.
4. That the award has res judicata in the concept of local laws the process.
5. That in Peru there is no pending lawsuit between the same parties and on the same subject, initiated prior to the filing of the lawsuit that led to the sentence.
6. Not inconsistent with another statement that meets the requirements for recognition and enforcement required by this title and which has been given above.
7. That is not contrary to public order or morality.
8. Proven reciprocity.
Article 2105 º .- Judgement of bankruptcy.
The Peruvian court before which the recognition of a foreign judgment bankruptcy, can dictate the appropriate preventive measures since the submission the application for recognition.
in Peru recognition of a foreign judgment bankruptcy must meet the notification and publicity requirements under Peruvian law for national bankruptcy.
The effects of bankruptcy pronounced abroad and in Peru, will be adjusted to Peruvian law in relation to the assets located in Peru and the rights of creditors.
The judge shall proceed in accordance with the provisions of Peruvian law regarding the formation, administration and settlement of the estate in Peru, meeting the rights of creditors and debts registered domiciled in Peru, according to the graduation outlined in the bankruptcy law.
If no creditors domiciled or credits recorded in Peru, or if, after they met in accordance with the above, it is a positive balance in the estate of the bankrupt, the balance will be forwarded to the trustee in bankruptcy abroad exequatur prior to the Peruvian judge verification and ranking of claims made abroad.
Article 2106 º .- Execution of foreign judgments.
The foreign sentence which meets the requirements set out in Articles 2102, 2103, 2104 and 2105 can be implemented in Peru to request.
Article 2107 º .- Formalities for execution.
The application referred to Article 2106 º must be accompanied by a copy of the full sentence, duly authenticated and officially translated into Castilian as well as documents proving the existence of the conditions set forth in this title.
Article 2108 º .- Procedure for the declaration of enforcement of foreign judgments ..
The procedure for the declaration of enforcement is consistent with the provisions of Code of Civil Procedure. Upon completion of proceedings, the foreign sentence will have the same enforceability with national judgments.
Foreign judgments that deal with non-contentious matters of voluntary jurisdiction for enforcement is not required.
Article 2109 º .- The evidentiary value of foreign judgments legalized.
Foreign judgments duly authenticated produced in Peru the probative value recognizing public instruments, not requiring the enforcement order to that effect.
Article 2110 º .- The evidentiary value of the foreign sentence.
The res judicata of a foreign decision can be enforced within a trial if it meets the requirements of this title, without having to undergo the procedure of enforceability.
Article 2111 º .- Supplementary application.
The provisions of this title applies, as applicable, also to foreign judgments that put an end to the process and especially for criminal convictions in relation to civil damages.
case of arbitration awards apply only the provisions of the General Law of Arbitration.
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