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Foreign court judgments in Paraguay: exequatur, treaty routes, foreign forum clauses and cross border interim measures

Argentina. For full detail on Argentina, go to The Argentine Thread.

Last verified: 2026-10-28 · Status: Stable

A foreign court judgment is enforced in Paraguay through exequatur before a first instance civil judge, under the treaty with the country of origin or, failing one, if it meets seven conditions in the Código Procesal Civil. Judgments from Mercosur states, Bolivia and Chile also benefit from the 2002 cooperation agreement approved by Ley 3036/2006, which allows recognition through central authorities without legalization. Paraguayan courts will not accept a contractual choice of foreign courts outside special laws, so a foreign judgment against a Paraguayan defendant is only as strong as the service and jurisdiction behind it.

USD figures use PYG 5,868.31 per US dollar, the Banco Central del Paraguay reference quotation published for Wednesday 28 October 2026. Conversions are for orientation only.

Key facts

Court granting exequatur of foreign judgmentsJuez de Primera Instancia en lo Civil y Comercial (on duty) Código Procesal Civil art. 533, as of 2026-10-28 · in force
Number of statutory conditions without a treaty7 conditionsCódigo Procesal Civil art. 532, as of 2026-10-28 · in force
Reciprocity required for foreign judgmentsNot listed: treaty first, otherwise the seven conditions of art. 532 Código Procesal Civil art. 532, as of 2026-10-28 · in force
Days for the debtor and the prosecutor to answer an exequatur request6 daysCódigo Procesal Civil art. 534, as of 2026-10-28 · in force
Choice of foreign courts enforceable against Paraguayan courtsNo, except under special laws Código Procesal Civil art. 3, as of 2026-10-28 · in force
Regional judgment recognition treatyMercosur, Bolivia and Chile cooperation agreement (Ley 3036/2006) Ley 3036/2006 art. 18 to 24, as of 2026-10-28 · in force
BCP reference rate used for conversions5868.31 PYG per USDBCP planilla 28 October 2026, as of 2026-10-28 · in force

The rule

1. Conditions for enforcing a foreign judgment. Foreign judgments are enforceable on the terms of the treaty with the state of origin. Without a treaty they are enforceable if: a) they are res judicata where given, come from a court with international jurisdiction and result from a personal action, or a real action over movables brought into Paraguay during or after the foreign case; b) no case on the same object between the same parties is pending before a Paraguayan court; c) a defendant domiciled in Paraguay was lawfully summoned and represented, or declared in default under the law of the forum; d) the obligation is valid under Paraguayan law; e) the judgment does not breach domestic public policy; f) it meets the requirements to count as a judgment where given and the authenticity conditions of Paraguayan law; and g) it does not conflict with an earlier or simultaneous Paraguayan judgment. A foreign judgment invoked as res judicata in a Paraguayan case must meet the same conditions. Reciprocity is not among the listed conditions.
Cost to do it: Legalization or apostille and sworn translation of the judgment and proof of finality; counsel fees under Ley 1376/1988.
Example: A Brazilian court judgment ordering an Asunción importer to pay PYG 1,173,662,000 can be enforced if the importer was properly served in the Brazilian case and no parallel Paraguayan case is pending. / A US$200,000 judgment from a court abroad on a real action over land in Paraguay does not qualify: only personal actions, or real actions over movables brought into Paraguay, are covered (art. 532 a).Ley Nº 1337/1988, Código Procesal Civil, Art. 532 and 535, 1988-10-20 official text · verified 2026-10-28
2. Exequatur procedure. The creditor applies to the Juez de Primera Instancia on duty, filing a legalized and translated copy of the judgment and of the proceedings showing it is final and meets the other conditions where the judgment itself does not show them. The judge gives the judgment debtor, served by cédula, and the public prosecutor 6 days each; objections follow the incident procedure. If exequatur is granted, execution proceeds under the rules for executing Paraguayan judgments: attachment, then 3 days for the debtor to raise only the defences of forgery of the judgment, ten year prescription, forgery or unfitness of the title, payment, or debt release or extension, based on facts after the judgment and proved by documents.
Cost to do it: Statutory lawyer fees apply to the execution stage; translation by a registered public translator.
Example: A Spanish judgment for PYG 2,934,155,000 is filed in Asunción with an apostille and translation; after 6 days for the debtor and the prosecutor, the judge grants exequatur and the creditor attaches the debtor's bank accounts. / On a US$500,000 judgment, the debtor's 3 day window after attachment allows only documentary defences such as later payment.Ley Nº 1337/1988, Código Procesal Civil, Art. 519, 522, 525, 526, 527, 533 and 534, 1988-10-20 official text · verified 2026-10-28
3. Mercosur, Bolivia and Chile. The jurisdictional cooperation agreement signed in Buenos Aires on 5 July 2002 and approved by Ley 3036/2006 gives judgments and awards from its states parties extraterritorial effect if they are authentic, translated, issued by a body with international jurisdiction under the requested state's rules, rendered after proper citation with the right of defence, final, and not manifestly contrary to public policy. Recognition may be requested by the court through letters rogatory sent via central authorities or diplomatic channels, or directly by the party, in which case legalization applies unless replaced by another formality. A judgment incompatible with an earlier or simultaneous decision in the requested state, or concerning a case filed there first, is refused; partial recognition is possible. Procedure and competent courts follow the requested state's law. Public documents from one state have the same evidentiary force in the others and are exempt from legalization or apostille when sent through the central authority. Ley 3451/2008 aligned the original 1992 Las Leñas Protocol among the four Mercosur states with this text.
Cost to do it: No reimbursement of costs for letters rogatory except special evidence or appointed professionals (art. 15); translation into Spanish is required.
Example: A Chilean judgment against a Paraguayan transport company can be sent by the Chilean court through central authorities, avoiding apostille, and executed in Paraguay. / For a US$500,000 (PYG 2,934,155,000) Argentine judgment, the regional agreement applies on the Paraguayan side; the Argentine procedure is covered at a high level in The Argentine Thread guide.Ley Nº 3036/2006, approves the Acuerdo de Cooperación y Asistencia Jurisdiccional en Materia Civil, Comercial, Laboral y Administrativa (Mercosur, Bolivia, Chile), Agreement art. 18 to 26, 2006-10-26 official text · verified 2026-10-28
4. Foreign forum clauses and cross border interim measures. Jurisdiction of Paraguayan courts cannot be extended by agreement except territorial jurisdiction, and never in favour of foreign judges unless a special law allows it. A contractual choice of foreign courts therefore does not bind Paraguayan courts against a Paraguayan defendant, although arbitration clauses are enforceable under Ley 7561/2025. Paraguayan judges must enforce interim measures requested by foreign judges if they are admissible under Paraguayan law and the applicant gives counter security for costs and damages.
Cost to do it: Counter security for foreign interim measures, set by the Paraguayan judge.
Example: A New York forum clause in a loan to a Paraguayan borrower does not stop the borrower from suing the lender in Asunción; an arbitration clause would. / A foreign court's order freezing US$1,000,000 (PYG 5,868,310,000) held by a Paraguayan debtor is executed in Paraguay only if Paraguayan law would allow it and counter security is posted.Ley Nº 1337/1988, Código Procesal Civil, Art. 3, 537 and 693 c), 1988-10-20 official text · verified 2026-10-28
OriginBasisFilingLegalization
Argentina, Brazil, Uruguay, Bolivia, ChileLey 3036/2006 agreement art. 18 to 24 (and Las Leñas Protocol as amended, Ley 3451/2008)Letters rogatory via central authority, or direct filing by the partyNot required via central authority (art. 10, 26)
Other countries with a treatyThe treaty (CPC art. 532 first sentence)First instance civil judgeAs the treaty provides
No treatyCPC art. 532 seven conditionsFirst instance civil judge (art. 533)Legalized or apostilled and translated copy

Routes for a foreign court judgment

Worked example

  • A Uruguayan bank obtains a Montevideo judgment for US$500,000 (PYG 2,934,155,000) against a Paraguayan guarantor. Its lawyer files the judgment directly in Asunción under the Mercosur, Bolivia and Chile agreement. The judge checks that the guarantor was served with the Uruguayan claim and could defend, that the judgment is final, and that no Paraguayan case on the same debt was filed first; once recognized, execution follows the local procedure with only documentary defences.

Step by step

  1. Before suing abroad, check where the defendant's assets are; if in Paraguay, plan service on the Paraguayan defendant that will satisfy CPC art. 532 c).
  2. Obtain a certified copy of the judgment and proof that it is final in the state of origin.
  3. Apostille or legalize the documents, or route them through the central authority under the Mercosur agreement, and obtain a Spanish translation by a registered public translator.
  4. File with the first instance civil judge on duty, with the testimonies showing compliance with art. 532.
  5. Prepare for 6 day answers by the debtor and the prosecutor and an incident if the debtor objects.
  6. After exequatur, attach assets and diary the debtor's 3 day window for defences.

Common traps

  • A foreign forum clause alone does not oust Paraguayan courts (CPC art. 3); choose arbitration if you need a neutral forum enforceable in Paraguay.
  • A Paraguayan case on the same object filed first blocks exequatur (art. 532 b; Ley 3036 agreement art. 22).
  • Default judgments abroad against Paraguayan domiciled defendants fail if service did not comply with the forum's law (art. 532 c).
  • Judgments on real rights over Paraguayan land are outside art. 532 a).
  • The BACN copy of the Código Procesal Civil is the original 1988 text and does not show later amendments; for example, it still prints art. 536, repealed by Ley 1879/2002 art. 69.

Sources

Related pages

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