The terms of commercial transactions are set by the parties according to market trends. In this reality, lawyers play the role of legal architects during the transactional design process. To the extent that the parties have at their disposal one or more talented, strategic, and experienced legal architects, the conditions are more favorable for any…
By: Elías Arriaza It is possible that the story told by the plaintiff in its claim is in direct contradiction with the version of the facts asserted by the defendant. In such cases, the Arbitral Tribunal will have a special interest in the evidence provided in order to discover the truth, i.e., what really happened….
By: Gerardo Martín Hernández The basis of any arbitration proceeding is the arbitration clause. Based on this clause, the tribunal will be structured, certain procedural rules will be adopted, and the essential aspects of that particular arbitration will be defined. A good arbitration clause guarantees a smooth process, while a bad one is a sure…
On Monday, March 6, 2023, was published in La Gaceta Diario Oficial Number Forty-one (41), the Ministerial Agreement Number twenty-seven scripts two thousand and twenty-three scripts OSFL (27-2023-OSFL) of the Ministry of Government of Nicaragua cancelling eighteen (18) non-profit organizations. Among the organizations whose legal personality was cancelled was the Chamber of Commerce and Services…
By: Diana De Mata I. The Principle Of Constitutional Supremacy In The Jurisdictional Function Within the Guatemalan legal system, the jurisdictional function must be exercised, by constitutional mandate, in strict observance, compliance and protection of the constitutional principle of constitutional supremacy. In the first paragraph of Article 203 of the Constitution, referring to the “independence…
By: Luis Pedro Rayo Is Amparo Protected against a registration made based on a false public instrument? Cases of violation of property rights and dispossession of real estate are frequently reported through the use of false public instruments that are fraudulently registered in the Property Registry. In fact, according to data collected by the Observatory…
By: Elías Arriaza The enforcement lawsuit filed based on a notarial act in which the debit balance was recorded in accordance with the creditor’s accounting is probably the most controversial enforcement lawsuit, due to the discretion or abuse to which it may give rise. In fact, there is a bad practice of filing executive lawsuits…
Regional de Litigation & Arbitration Team This is an article in which we intend to make a brief review on the subject of Tutela Cautelar, treated in a simple and necessarily technical way, in which we will identify its characteristics, requirements, types of precautionary measures that exist. Likewise, we will include some references on the…
Businesses sometimes involve a network of commercial relationships that often involve different parties, and these relationships are developed under complex contractual structures, sometimes resulting in multiple contracts that may bind all or only some of the parties, or even the absence of a contract among some of the parties that make up the intricate commercial…
In this new installment, we continue with the series of articles on leasing and possessory matters. Previously we analyzed the usual types of leases in the real estate market and the regulations that govern them, and this time we are pleased to delve into aspects related to the parties that may be involved in a…
By: Sergio Escobar The evidence ideally constitutes the soul or essence of a process, allowing the Judge to have proven knowledge of what happened, that is to say, reasonable certainty about the facts presented by the parties. The person who settles a controversy must be convinced as to: What happened, so that based on the…
By: Elia López In order to attract investment to Honduras, the National Investment Council (CNI) was created through decree number 80-1992, Investors Law, amended through decree number 51-2011, Law for the Promotion and Protection of Investments. The State of Honduras, through the National Investment Council, aims to create adequate and attractive conditions for investors. The…