1 TRADUCTORADO PÚBLICO – UBA

2 TRADUCCIÓN INVERSA
3 Cátedra Ricardo Chiesa – Ciclo lectivo 2022 – Cuatrimestre 1
4 Comisión 3078
5 Assignment 1
6 ______________________________________________________________________
7
1 ASSIGNMENT No. 1
2
3

4 Dear Mr. Depetris,

5 This is to inform you that, as might be expected, the Federal Court of

6 Appeals of Bahía Blanca has overturned the judgment entered on
7 September 13rd, 2020 whereby the lower court refused the
8 enforcement of the foreign judgment requested in relation to the case
9 captioned "Synteplast Inc. c/ Depetris, G. y otros" [Synteplast Inc. v.
10 Depetris, G. et al.]. As a result of the appellate court's order to enforce
11 the judgment entered by the Texas court, you and the other
12 defendants are now jointly and severally liable as principals for the
13 payment of the amount stated in the promissory note at issue which
14 amounts to ARS 2,466,089.75 (two million four hundred sixty thousand
15 eighty nine Argentine pesos and seventy five cents) [SIC], at the
16 current exchange rate, with interest accrued as of the date the
17 negotiable instrument became payable, with court costs and attorney's
18 fees to be borne by the losing party.

19 Not only did the Court of Appeals hold that "the translation from
20 English provided by the plaintiff in the case at issue has not been
21 timely challenged", but it also stated that "compliance with the
22 requirements imposed by law, namely, that the defendant's 1 defense
23 be guaranteed (section 517) (…) and that the judgment not run
24 contrary to Argentine public policy has been proved." Moreover, the

8 1
There is a spelling mistake in the source text. It reads “defensa del demanda”; but it should read
9 “defensa del demandado”, because the author intends to refer to one of the parties to the lawsuit, not to
10 the complaint itself.

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13 TRADUCTORADO PÚBLICO – UBA
14 TRADUCCIÓN INVERSA
15 Cátedra Ricardo Chiesa – Ciclo lectivo 2022 – Cuatrimestre 1
16 Comisión 3078
17 Assignment 1
18 ______________________________________________________________________
19
25 appellate court ordered the attachment of the real property located at
26 Mitre 147, Punta Alta, as requested by the plaintiff and pursuant to
27 section 531 et seq. of the Federal Code of Civil and Commercial
28 Procedure.

29 With regard to your inquiry, we inform you that the Codes of

30 Procedure in full force and effect in Argentina (where each province
31 has its own Code of Procedure) provide that "the judgments entered
32 by foreign courts will be enforceable pursuant to the terms of the
33 treaties concluded with the country of origin." Therefore, the following
34 order of priority applies: first of all, it must be ascertained whether a
35 treaty with the country where enforcement of the court decision is
36 sought has been concluded and is currently in full force and effect. If
37 so, the rules set forth in such treaty apply.

38 In view of the foregoing, we recommend that you or Depetris y Salvi

39 S.A's legal advisor contact us immediately so that we can agree on the
40 steps to be taken, especially in relation to the lifting of the attachment.

41 Regards,

42 Milena Ospina, Esq.

43 Mendivil, Ospina & Asociados law firm

44 *****

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