Libro Tercero Título IV. Ejecucion de sentencias

In the enforcement of national judgments, the rules established in this Code for the vía de apremio proceedings and the special rules provided in the preceding title are applicable, as well as the provisions of the Constitutive Law of the Judicial Branch.

If by virtue of a judgment any immovable property must be delivered to the party who won the litigation, he shall be placed in possession. For such purpose, the judge shall set the judgment debtor a time limit not exceeding ten days, under warning of ordering eviction at his expense.

The same shall be done if the thing is movable and can be found; if upon expiration of the time limit the thing is not delivered, seizure shall be ordered.

The interested party may request the enforcement of the Second Instance judgment, even when the time limit for filing cassation has not elapsed or it is pending, if the following requirements are met:

1º.That the First and Second Instance rulings are in agreement in their operative part.

2º.That sufficient guarantee is provided to answer for restitution, damage and losses, in the event that the challenged judgment is quashed.

Provisional enforcement does not apply in proceedings on the capacity and civil status of persons.

If the party obligated to execute something executes it in a manner different from that fixed in the judgment, the destruction of what was done and due compliance therewith shall be proceeded with, and all expenses and the damage and losses caused by non-compliance with the judgment shall be borne by him.

Judgments rendered by foreign tribunals shall have in Guatemala, in the absence of a treaty expressly determining their efficacy, the value that the legislation or jurisprudence of the country of origin assigns to judgments rendered by Guatemalan tribunals.

Every foreign judgment shall have force and may be enforced in Guatemala, if it meets the following conditions:

1º.That it has been rendered as a consequence of the exercise of a personal, civil or commercial action.

2º.That it has not been rendered in default nor against a person deemed absent who is domiciled in Guatemala.

3º.That the obligation for whose performance proceedings have been brought is lawful in the Republic.

4º.That it is final and enforceable in accordance with the laws of the nation in which it was rendered.

5º.That it meets the necessary requirements to be considered authentic.

The judge who would be competent to hear the trial in which it was rendered is competent to enforce a judgment rendered abroad.

Once the enforceable judgment has been presented in the competent Trial Court, translated into Spanish, the signatures authenticated, legal authorization granted and its enforcement requested, proceedings shall continue as if it were a judgment of the tribunals of the Republic.