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Exp. 83573-21

Letters Rogatory29

Panama's Sixteenth Circuit Civil Court issues letters rogatory requesting Guatemalan authorities to serve Juan Luis Bosch Gutiérrez with notice of the summary accounting demand admitted at Lisa, S.A.'s request.

Issued on
Jul 19 2023
Issued by
16th Civil Court
Pages
5

The Sixteenth Circuit Civil Court of Panama issued Letters Rogatory No. 29 requesting Guatemalan judicial authorities to serve Juan Luis Bosch Gutiérrez with notice of the admitted summary accounting demand filed by Lisa, S.A. The request includes authenticated copies of of January 5, 2023, as corrected by of April 11, 2023, which admitted the demand and granted Bosch ten business days to appear and render accounts. This international service of process is grounded in the 1975 Inter-American Convention on Letters Rogatory and Article 1012 of Panama's Judicial Code.

Analysis

Content of the Request

The letters rogatory state that more than thirteen years have passed since Bosch placed at the disposal of the Eleventh Circuit Civil Court of Panama the sums retained from Lisa, S.A. as declared but unpaid dividends. Bosch personally assumed the role of judicial depositary of those funds and never rendered any reports on the disposition of the monies belonging to Lisa, S.A. in its capacity as shareholder of Villamorey, S.A.

The request identifies Bosch's domicile at 5 Avenida 15-45, Zona 10, Centro Empresarial Torre 1, Level 10, Office 1006, Guatemala City, and attaches authenticated copies of the power of attorney and the summary accounting demand, as corrected by , and Forms A, B, and C required by the Additional Protocol to the Inter-American Convention on Letters Rogatory.

Legal Basis

  • Article 1012 of Panama's Judicial Code — establishes the procedure for serving defendants abroad through letters rogatory, granting a forty-day period to answer the demand, with statutory admonition. It further provides that the plaintiff may cite the defendant by emplacement edict if the letters rogatory are delayed beyond four months or prove unviable.
  • 1975 Inter-American Convention on Letters Rogatory — the multilateral treaty underpinning judicial cooperation between Panama and Guatemala for the execution of service of process.

Signatories

  • Vicente González, Acting Judge, Sixteenth Circuit Civil Court of the First Judicial Circuit of Panama

Documents

19
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Sep 30 2022
Jan 5 2023
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