Order

Case Background

Reproductores Avícolas, S.A. filed this summary proceeding against Lisa, S.A. alleging that Lisa's right to claim dividends had prescribed through the passage of more than five years without having been claimed. The case was heard before the Twelfth Multipersonal Civil Court of First Instance of Guatemala. The prescription action forms part of the Avícola Group's pattern of legal actions aimed at extinguishing the outstanding dividend obligations owed to Lisa as a shareholder. After all procedural phases of the summary proceeding through the hearing had been completed, BDT Investments Inc. filed memorial 1353-24 requesting admission as a third-party co-litigant (tercero coadyuvante) supporting the defendant.

Ruling

• Memorial 1353-24 is admitted and added to the case file
• The court recognizes that the representative acts as special judicial agent with representation for BDT Investments Inc.
• BDT Investments Inc. is admitted as a third-party co-litigant supporting the defendant, joining the proceeding in its current state
• The evidence offered in the memorial is noted
• Notification is ordered

Legal Basis

• Articles 12, 28, 44, 46, 203, and 204 of the Constitution of the Republic of Guatemala — guarantees of defense, right of petition, and administration of justice
• Article 8.1 of the American Convention on Human Rights — judicial guarantees
• Articles 25, 26, 28, 29, 31, 44, 50, 51, 61–64, 66–68, 70–72, 75, 79, and 553 of the Code of Civil and Commercial Procedure — procedural rules on third-party interventions, representation, and summary proceedings
• Articles 15, 16, 57, 68, 141–143 of the Judiciary Act — organic provisions on jurisdiction and procedure

Subsequent Proceedings

Reproductores Avícolas, S.A. filed a revocatoria motion against this order, arguing that BDT failed to demonstrate a certain and direct interest in the matter, that the assignment of rights in the transaction agreement did not cover the present proceeding, and that there were deficiencies in the notarization and tax payment. The <doc id="gua-01162-2017-00735-2024-04-19-a" /> of April 19, 2024 declared the revocatoria denied, holding that the merits of the third-party intervention must be resolved together with the main case in the final judgment, pursuant to Article 551 of the Code of Civil and Commercial Procedure.