Civil Procedure Code at Peru

16 Apr 2025 --
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Peru's civil litigation is governed by the Civil Procedure Code (Código Procesal Civil), enacted by Law No. 295 on July 26, 1991, and subsequently amended to align with constitutional reforms and international standards. The Code provides a comprehensive framework for civil proceedings, emphasizing efficiency, accessibility, and the protection of fundamental rights.

📘 Key Features of the Civil Procedure Code

1. Principles of Civil Procedure

Due Process: Ensures that all parties have the opportunity to present their case and respond to evidence.

Publicity: Proceedings are generally open to the public, promoting transparency.

Equality: Guarantees equal treatment of all parties before the law.

Concentration: Encourages the resolution of cases in a timely manner, minimizing delays.

Orality: Promotes oral hearings to facilitate direct communication between the court and the parties.

2. Structure of Civil Proceedings

First Instance: Cases are initially heard by a single judge who issues a decision.

Appeals: Parties may appeal decisions to higher courts, which review the case for errors of law or fact.

Final Judgment: Once all appeals are exhausted, the decision becomes final and enforceable.

3. Special Procedures

Summary Proceedings: Designed for cases involving small claims or urgent matters, allowing for expedited resolution.

Collective Actions: Allows groups of individuals with common interests to bring a single lawsuit.

Interim Measures: Courts can issue temporary orders to preserve rights or prevent harm during the litigation process.

4. Enforcement of Judgments

Execution: The prevailing party may request the court to enforce a judgment through various means, including garnishment of wages or seizure of assets.

Contempt of Court: Failure to comply with court orders may result in penalties or other sanctions.