Expiration of the proceedings in the new Civil Procedure Code
Concept Expiration of the proceedings occurs when, due to inactivity by the parties, the proceedings are presumed to have been abandoned within the applicable legal period, depending on the type of proceeding. It penalizes inaction, especially by the plaintiff, and seeks to prevent the accumulation of files without movement in the judicial system; therefore, a […]
Company Spin-Off as an Instrument for Asset Reorganization
Concept Legal concept established by Law No. 85 of November 22, 2012, which adds Chapter IX-A to Title VIII of Book One of the Commercial Code, including Articles 505-A to 505-F. This allows a commercial entity, known as a “spin-off company,” to divide its assets, either in whole or in part, which are subsequently transferred […]
Ensure debt collection: correctly validate your Executive Order
When the need arises to enforce an obligation or recover a debt, the legal process can seem complicated, so it is essential to understand certain legal tools that expedite the process, such as the executive order, which allows for more efficient action. Enforcement Proceedings Instead of debating whether or not a right exists, as occurs […]
EVANS GROUP obtains a favorable judgment in litigation related to consumer claims against a trust agreement (developer, trustee, and bank), ensuring a relevant precedent for the trust business.
REFERENCE: Consumer protection action brought by a consumer against the developer, its legal representative, and the trustee. Claims: (i) to declare the clauses of the Trust Agreement null and void; (ii) enforce the Promise of Sale Agreement for an ancillary property signed between the Consumer and the Developer through the execution of a definitive Public […]
Horizontal Property in Panama: Challenges and Solutions for Communities and Administrators
Horizontal property is a legal regime that regulates cohabitation in buildings and residential complexes. While it facilitates shared space management, it also presents legal and operational challenges. In this article, we will explore the main challenges faced by communities and horizontal property managers and provide practical solutions to ensure efficient and legally compliant management. Knowledge […]
Complex Litigation: How to Prepare for a Successful Outcome
Complex litigation can be a significant challenge for businesses and/or individuals. Understanding the legal process and preparing adequately can make the difference between a favorable and an unfavorable outcome. In this article we will outline the essential steps to successfully address litigation, guiding how to prepare, and will outline the main phases of the procedure, […]
Legal Assistance in Cases Related to Economic Criminal Law: What You Should Know
Economic Criminal Law is a specialty of Criminal Law, which addresses aspects related to criminal risks within financial and commercial activities, that is, it is the branch of criminal law that studies business conduct. Your company could experience a potential risk linked to financial or commercial relationships that sometimes lead to events related to economic […]
Answer to Arbitration Complaint
In our previous newsletter, we indicated what aspects should be considered before starting an arbitration process. In this edition, we explain the content of the answer to arbitration complaint. Previous considerations: 1) Know the facts and evidence filed. 2) Verify arbitration competence. 3) Evidence to answer the complaint, defenses, and exceptions. 4) Determine viability of […]
Arbitration Complaint
Before considering initiating an arbitration process: Know the facts and evidence. Identify the breached contractual clauses. Determine the merits of claims and monetary estimates. Cost-benefit analysis of the arbitration process. Others, which depend on the object and/or nature of the claims. Content of the complaint: I. Request for arbitration Expressly state that the controversy […]