About This Book
This book of Juan Andrés Miralles Quintero consists of a compilation of the most relevant judicial decisions, on foreign currency obligations, issued by the Supreme Tribunal of Justice, through its different Chambers, from 2000 until 2024, specifically, until July 2024.
The book is organized in four (4) chapters each one dedicated to the decisions issued by the Supreme Tribunal of Justice during the referred period in four (4) of its seven (7) chambers, namely: the Constitutional Chamber; the Political-Administrative Chamber; the Civil Cassation Chamber; and the Social Cassation Chamber. The Electoral Chamber and the Plenary Chamber are excluded from this list due to the nature of the matters that correspond to each of them. It is also noted that, although there are a few decisions of the Criminal Cassation Chamber in which the subject matter is addressed, they were excluded from this selection and compilation.
The first chapter is dedicated to the decisions of the Supreme Tribunal of Justice in its Constitutional Chamber and it is divided into six (6) subtitles containing decisions and their maxims related to: (i) the use of foreign currency as currency of account and/or currency of payment of obligations; (ii) the exchange rate applicable for the payment of obligations in foreign currency; (iii) the legality of contracts entered into in foreign currency; (iv) judicial convictions in foreign currency; (v) the estimation of professional fees in foreign currency; and (vi) the judicial indexation of obligations in foreign currency.
The second chapter includes the decisions of the Supreme Tribunal of Justice in its Political-Administrative Chamber and it is divided into five (5) subheadings related to: (i) the use of foreign currency as currency of account or currency of payment of contractual obligations with the State; (ii) judicial convictions in foreign currency against the State; (iii) judicial convictions in foreign currency against individuals; (iv) default interest on obligations in foreign currency; and (v) precautionary measures (embargoes) granted in foreign currency against individuals.
The third chapter is dedicated to the decisions of the Supreme Tribunal of Justice in its Civil Cassation Chamber and it is divided into the following subheadings: (i) use of foreign currency as currency of account and/or currency of payment of civil or mercantile obligations; (ii) exchange rate applicable for the payment of civil and/or mercantile obligations in foreign currency; (iii) legality of contracts executed in foreign currency; (iv) estimation of claims and procedural costs in foreign currency; and (v) judicial indexation of civil and/or mercantile obligations in foreign currency.
The fourth and last chapter is the most extensive and comprises the most relevant decisions of the Supreme Tribunal of Justice in its Social Cassation Chamber and it is divided into seven (7) thematic axes, namely: (i) use of foreign currency as currency of account and/or currency of payment of labor obligations; (ii) exchange rate applicable for the payment of labor obligations in foreign currency; (iii) legality of employment contracts in foreign currency; (iv) estimation of claims for collection of labor obligations in foreign currency; (v) proof of payment of labor obligations in foreign currency; (vi) judicial indexation of labor obligations in foreign currency; and (vii) default interest on labor obligations in foreign currency.
