Claims Over Dividend Prescription by Sistemas y Equipos
Sistemas y Equipos, S.A.
C. 01163-2017-00184
Summary
This is an ordinary civil lawsuit for extinctive prescription filed by Sistemas y Equipos, S.A. against Lisa, S.A. Lisa filed a revocation motion arguing that disputes between commercial companies over dividend rights must be heard as a summary commercial trial under Article 1039 of the Commercial Code and the company’s charter.
Decisions
Revocation filed by Lisa challenging the admission of the ordinary lawsuit; Lisa argued that, between two commercial entities, dividend disputes must proceed via summary commercial process (Commercial Code art. 1039 and the company charter).
Revocation granted; the February 24, 2017 decree admitting the ordinary claim was revoked, and the claim was rejected for filing in the wrong procedural route. The Court indicated the dispute must be pursued, if at all, in the summary commercial process.
The ordinary extinctive-prescription claim was rejected; the proper route is the summary commercial trial.
Conclusion
Lisa, S.A. prevailed. The Thirteenth First Instance Civil Court granted Lisa’s revocation, revoked the February 24, 2017 decree that had admitted the ordinary lawsuit, and rejected the claim for improper procedural route. The Court held that the matter must proceed, if at all, through the summary commercial process under Article 1039 and the charter clause.