Claims Over Dividend Prescription by Inversiones Empresariales
Inversiones Empresariales, S.A.
C. 01044-2017-00185
Summary
This is an ordinary civil lawsuit filed by Inversiones Empresariales, S.A. against Lisa, S.A., seeking a declaration of extinctive prescription of dividends. Lisa challenged the admission of the claim in the ordinary process, arguing that under the Commercial Code and the corporate charter, the case should be processed through a commercial summary trial.
Decisions
Motion for revocation filed by Lisa against the February 24, 2017 decree admitting the extinctive prescription lawsuit in ordinary courts.
The Court granted Lisa’s motion for revocation, annulled the decree admitting the claim, and rejected the lawsuit in the ordinary process, holding that the proper forum is the commercial summary trial under Article 1039 of the Commercial Code and the corporate charter.
The ordinary claim was revoked and rejected; the case was redirected to the commercial summary process.
Conclusion
Lisa, S.A. prevailed. The Eighth First Instance Civil Court, following the order of the Constitutional Court, granted Lisa’s motion for revocation, annulled the admission of the lawsuit in the ordinary process, and rejected the claim. The ruling confirmed that disputes over dividends between shareholders and the company must be heard in a commercial summary trial, not in the ordinary route.