Order

Case Background

Administradora de Restaurantes, S.A., an Avícola Villalobos Group entity, filed an ordinary civil action (<law id="gua-01161-2018-00312" />) against Lisa, S.A. before the Eleventh Civil Court. BDT Investments Inc. filed a petition requesting admission as a third-party co-litigant on the defendant's side, submitting a transaction agreement as evidence of its interest in the proceeding.

Court's Analysis

The court examined the transaction agreement submitted by BDT Investments Inc. and determined that clause three of the instrument establishes BDT's own and certain interest in the outcome of the proceeding. Applying the provisions of the Code of Civil and Commercial Procedure governing third-party intervention, the court found the requirements for admission as tercero coadyuvante satisfied. The court also recognized the representative's legal capacity, noted the professional assistance retained, and recorded the electronic mailbox designated for receiving notifications.

Ruling

• BDT Investments Inc. is admitted as third-party co-litigant (tercero coadyuvante) of the defendant, Lisa, S.A.
• The representative's legal capacity is recognized based on the submitted document
• Professional assistance and electronic notification address are noted
• Parties to be notified

Legal Basis

• Articles 12, 28, 29, 203, and 204 of the Constitution of the Republic of Guatemala — due process guarantees and administration of justice
• Articles 25, 28, 31, 32, 44, 45, 50, 51, 61, 63, 66–79, and 96 of the Code of Civil and Commercial Procedure — procedural rules governing third-party intervention and legal standing
• Articles 1 and 2 of the Law Regulating Electronic Notifications in the Judiciary — electronic notification requirements
• Articles 141–143 of the Judiciary Act — provisions on judicial competence and organization