Defense against abuse of rights and res judicata in a case of moral damages and unjust enrichment

In the field of law, the abuse of the right to appeal manifests when a party utilizes legal resources not to seek justice, but as a tactic to delay proceedings and evade responsibilities. This case is a clear example of such abuse, where a company attempted to circumvent compliance with a favorable ruling for our client through unfounded appeals and dilatory tactics.

The situation was so concerning that, during the process, a warning was issued to the judges who, by ignoring fundamental principles of law such as preclusion and res judicata, allowed the abuse to prolong for over 10 years.

Case Context

In 2010, our client, a leading company in the engineering, architecture, and construction sectors, filed a lawsuit against "La Constructora" for the following reasons:

• Moral Damage:?The failure to pay negatively impacted our client’s reputation, affecting the stability and credibility of their business in the market.
• Unjust Enrichment:?"La Constructora" benefited from the services rendered without providing any compensation, unjustly profiting from the work performed.

This legal action arose because the defendant company utilized the services and results provided by our client without fulfilling the previously agreed payments, leading to considerable losses and damages for our representative.

Development and Results of Legal Defense

Below is a simplified summary of each key stage of the case:

• Initial Ruling: The court ruled partially in favor of our client, ordering the construction company to pay $1,201,200 in damages.
• Claim of Notification Issue: After the ruling, the construction company claimed it wasn’t notified due to its lawyer's inaction, arguing this barred its appeal. They requested to annul part of the process and return to the notification stage.
• Nullity Accepted: Ignoring preclusion and res judicata, the judge accepted the annulment, allowing the company to defend itself again, which is unprecedented and undermines the finality of the ruling.
• Appeal Against Nullity: We appealed the annulment, and the Provincial Court restored the original ruling's validity. Nevertheless, the construction company continued to contest.
• Legal Resources Filed: "La Constructora" filed both a cassation appeal and an extraordinary appeal without seeking security to suspend the original ruling's execution. This led the case to the National Court of Justice while execution proceeded as if no appeals were pending.
• Execution and New Challenges: While executing the ruling, "La Constructora" attempted to revoke the enforcement order, claiming it was unrelated to the original ruling. The judge denied this, prompting further appeals, including an extraordinary appeal that was ultimately rejected.
• Continued Delays: The construction company filed multiple extraordinary appeals, including a cassation appeal, seeking to prolong the process and avoid compliance. This misuse of appeal rights complicated the case further.
• Final Decision: The National Court rejected the extraordinary appeals, emphasizing the importance of preclusion and res judicata. The judges criticized the trial judge's actions, which allowed this abuse of rights to extend for almost five years.
• Conclusion: After 14 years of litigation, the process concluded with a ruling affirming our client’s rights and reinforcing constitutional protections against undue delays.

Successfully Executed Procedural Strategy

Our team of lawyers defended the case at all stages, overcoming the presented obstacles and demonstrating that the defendant’s appeals were dilatory tactics and an abuse of the right to appeal.

The defense, led by our founding partner, Dr. José Meythaler Baquero, along with Dr. Vanesa Aguirre, Juan José Pe?a Medina, and Ricardo Enríquez Carrera, resulted in a significant victory for our client and reinforced essential legal principles.

The final outcome not only ensured compensation for our client but also strengthened the principles of preclusion and res judicata, demonstrating that the judicial system can counteract the abuse of rights.

By choosing the right legal representation, corporations can navigate these complexities without falling victim to dilatory tactics. For more information, contact us at [email protected].

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