PERU Law and Practice Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
out proceedings, the judgment creditor can request investigative measures to identify the debtor’s assets through banks, property registries and tax authorities, ensuring court judgments result in actual compliance. 9.5 Enforcement of a Judgment From a Foreign Country Peru recognises and enforces foreign judgments through an exequatur process regulated by the Civil Procedure Code and international treaties. The pro- cess begins with the judgment creditor filing a rec- ognition application with the Superior Court where enforcement is sought, including a certified copy of the foreign judgment authenticated by Peruvian con- sular authorities and an official translation if not in Spanish. Recognition requirements include: the issuing court must have had jurisdiction without infringing on Peru’s exclusive jurisdiction; the defendant must have been properly notified; judgment must be final and enforce- able in its country of origin; no pending parallel pro- ceedings in Peru; no contradiction with existing Peru- vian judgments; and no violation of Peruvian public policy. Peru does not review merits during exequatur. Once recognised, the judgment acquires the same status as domestic judgments and can be enforced through standard mechanisms. The process has been simplified through agreements such as the Inter- American Convention on Extraterritorial Validity of Foreign Judgments, typically taking six to 18 months depending on complexity.
The second and highest ordinary level is the cassa- tion appeal to the Supreme Court, which is limited primarily to reviewing legal errors rather than factual determinations. Beyond ordinary appeals, Peru offers extraordinary mechanisms, including constitutional complaints to the Constitutional Tribunal for rights vio- lations cases. Additional remedies include annulment petitions for procedural defects, clarification requests for ambiguities, and revision actions for cases involv- ing judicial misconduct or newly discovered evidence. This multilayered system balances definitive resolu- tions with mechanisms to correct errors and protect fundamental rights. 10.2 Rules Concerning Appeals of Judgments In Peru, appeals of judgments follow a structured process governed by the Civil Procedure Code. First- instance judgments can be appealed to Superior Courts as a matter of right, without requiring special permission, provided they meet timeframes and basic procedural requirements. The appealing party must demonstrate dissatisfaction by identifying specific errors in the lower court’s factual findings or legal rea- soning that allegedly harmed their interests. For cassation appeals to the Supreme Court, strict- er requirements apply, including qualification under specific grounds: improper application of substan- tive law, procedural violations affecting outcomes, or jurisprudential unification needs. Economic claims must exceed approximately 50 Tax Reference Units (about USD78,000 as of 2025). The Supreme Court’s Civil Chambers conduct admissibility reviews, accept- ing only appeals raising significant legal questions or demonstrating clear errors in interpretation, ensur- ing focus on cases with broader jurisprudential sig- nificance rather than functioning as a routine third instance. 10.3 Procedure for Taking an Appeal In Peru, appeals begin with submitting a written notice to the court that issued the challenged decision. For final judgments, parties have ten business days from notification to file, while interlocutory decisions allow only three business days. These strict deadlines are generally non-extendable, with late filings typically declared inadmissible. The appeal process is trig- gered by formal notification through physical delivery,
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
Peru’s legal system offers a structured hierarchy of appeals across multiple court levels. The first level is to Superior Courts, which provide comprehensive review of both factual findings and legal interpretations from first-instance specialised courts. Cases begin in spe- cialised courts (civil, commercial, labour), with appeals going to corresponding specialised chambers within Superior Courts.
897 CHAMBERS.COM
Powered by FlippingBook