GP&H Suite


GP&H Suite

21 Jan

The object or claim of the Litigation in the Commercial Process


In commercial matters, the lawsuits or litigation are between merchants most of the time, being that one of the parties in their initial claims asks for the claims, which means that at first the plaintiff requests the entire debt , with its ordinary interests, moratoriums and penal clauses among others, which makes it very ostentatious or even in some cases usurious and the Judge has the power to regulate said amounts derived from different international treaties.

As mentioned in the previous paragraph, the parties in commercial lawsuits have a commercial relationship of years, which is why in addition to the claims of the parties, there are the needs of each of them, which means that each of the Actors can arrange or lower their claims to continue the business relationship between traders.

Therefore, it is recommended that instead of requesting the claims, each of the parties should review what is of greater benefit to them, a trial of years and / or a good settlement that is win-win, since it could reach an agreement and be able to continue the business relationship.

Finally, it is known that there are different ways, not only economic, to be able to persuade the counterpart to reach an agreement, which benefits the plaintiff and can comply with the defendant, since credit notes, payment in installments can be granted and else.

Arturo de la Peña

Gloria Ponce de León & Hernández

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