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06 — INTERNATIONAL LAW

Exequatur in Argentina: how to enforce a foreign court judgment

A foreign court judgment — for divorce, custody, alimony, damages, succession, or a monetary award — does not automatically produce legal effects in Argentina. For it to be enforced or recognized on Argentine territory, it must go through the exequatur procedure governed by Articles 517 to 519 of the National Code of Civil and Commercial Procedure (CPCCN), as well as applicable international treaties and specific provisions of the Civil and Commercial Code.

Exequatur serves a dual function: it recognizes that the foreign decision is valid and, in the case of enforcement judgments, authorizes their execution in Argentina. Without exequatur, a foreign judgment may be cited as precedent or used as evidence, but cannot be enforced against assets or registered in Argentine public records.

Requirements for exequatur

Article 517 of the CPCCN imposes formal and substantive requirements: the judgment must come from a court with competent jurisdiction under Argentine international jurisdiction rules; the defendant must have been duly notified and able to mount a defense; the judgment must be final in the country of origin; it must not violate Argentine public policy; there must be no pending litigation or Argentine judgment on the same subject and parties; the judgment must meet authenticity requirements (apostille or consular legalization) and official translation.

Typical cases

Foreign divorce judgments

Recognition of divorce judgments issued abroad for registration with the Argentine Civil Registry, enabling new marriages or succession proceedings.

Custody and child support

Foreign custody orders, visitation arrangements and child support judgments requiring recognition for enforcement in Argentina.

Monetary judgments

Monetary awards or contract enforcement judgments from foreign courts that need to be executed against assets located in Argentina.

International adoptions

Recognition of adoptions established abroad, with analysis of compatibility with Argentine public policy and the best interests of the child.

Procedure before Argentine courts

The application is filed with the judge who would have jurisdiction if the matter had originally arisen in Argentina. It must include: an authenticated copy of the judgment, proof of finality, evidence of notification to the defendant, official translation where required, and an apostille or consular legalization. The defendant is given the opportunity to oppose on grounds of non-compliance with Article 517 requirements or violation of public policy.

Why choose Tchestnykh & Asociados

  • Preliminary viability analysis before initiating the procedure
  • Coordination with attorneys in the country of origin to obtain documentation
  • Experience recognizing Russian, European and Latin American judgments
  • Apostille and legalizations
  • International succession
  • Marriage and divorce