Civil Process in Panama
Overview
The Civil Code of Panama was established in Law 2 of August 22nd, 1916. Civil law is the legal rules concerned with relations between members of a community. The purpose is to preserve the interests of the subject at the estate and moral level.
There are many types of civil processes including lawsuits or fines. Civil Law covers any complication or disagreement without the State’s intervention.
An example of a civil process is a breach of a sales contract. This may seem like a simple process of fulfillment and delivery of a product or service. But, civil law actually provides room for compensation.
The case may result in compensation when the product or service does not meet contractual standards or agreed conditions. Compensation may depend on the clauses established in the contract.
What are the Steps in a Panama Civil Process?
A civil process usually begins with a complaint in court. The plaintiff is the party which initiates the proceedings and files the complaint. In the complaint, the plaintiff must state all the parties involved, the facts, and the legal basis for the complaint.
Next, the court will issue a resolution. The resolution declares the lawsuit and will notify the other party. The defendant is the accused party.
After the defendant responds, the judge will summon the parties to an appearance. The defendant and plaintiff will be accompanied by a lawyer. During this meeting, they will try to reach an agreement.
If the parties reach an agreement, the judge states it in the sentence. The fulfillment of the agreement is mandatory for both parties.
If the parties do not reach an agreement, the parties will be summoned to an oral trial to present supporting evidence.
After hearing the supporting evident, the judge to evaluates the facts and arguments alleged by each party. At the end, the judge makes a final decision. This final decision is legally binding for both sides.
Contact us
The Kraemer & Kraemer team can support you with civil proceedings in commercial, real estate, tax, or business matters. Send us an email at info@kraemerlaw.com to learn more about civil processes and provide you with the proper legal advice.