Claims Over Dividend Prescription by Escobio
Escobio, S.A.
C. 01164-2017-00228
Summary
This is an ordinary civil lawsuit filed by Escobio, S.A. against Lisa, S.A., in which the plaintiff sought to declare the prescription of dividends decreed in various shareholder assemblies. Lisa challenged the procedural route used and filed a motion for revocation against the admission of the claim under the ordinary process.
Decisions
Motion for revocation filed by Lisa regarding the procedural route used in the prescription of dividends claim.
The Court granted the motion for revocation, overturned the decree admitting the claim, and held that the proper route is a commercial summary trial pursuant to Article 1039 of the Commercial Code and the corporate charter clause.
The admission of the claim under the ordinary process was revoked, and the Court ruled that the case must proceed as a commercial summary trial.
Conclusion
Lisa, S.A. prevailed at this stage of the proceedings. The Court upheld the motion for revocation, annulled the admission of the claim under the ordinary process, and ruled that the matter must be heard through the commercial summary process in accordance with the Commercial Code and the corporate charter clause. As a result, the prescription lawsuit in the ordinary jurisdiction was halted, strengthening Lisa’s position against attempts to undermine its dividend rights.