Through Law 119 of December 10, 2019, published in Official Gazette No. 28917-B of December 10, 2019, in force as of such date, Article 569 of the Judicial Code which dealt with injunctive remedy, known in Panama as “conservative or general protection measures”, has been reinstated. Article 569 of the Judicial Code had been struck off through Law 19 of March 26 of 2013, as at the time, the legislators considered that such civil procedure protective rule, given its broad scope, had been subject of excesses by claimants in certain cases, causing prejudice to defendant’s rights.

With the reactivation of conservative or protection measures in general (injunctive relief), claimants have again access to injunctive relief in civil judicial proceedings; any creditor of a material or immaterial right, real (in rem) or personal, who fears that his right will suffer an immediate and irreparable danger prior to obtaining judgment, may file an ex parte application before the judge to seek the adoption of those conservative or protective measure deemed most appropriate to protect or safeguard the claimed right.

To submit the request for these measures, it is necessary to submit evidence supporting the necessary appearance of a “good or proper right” and claim, consideration of "periculum in mora", that is an immediate or irreparable danger of undermining the claim if the measure is not timely implemented. Also, a damage and loss bond established by the Judge has to be consigned, taking into account the scope of the damages that the measure could cause and the claim amount. If all these requirements are met, the judge will order the practice of the conservative or protection measures in general, according to the plaintiff’s request.

Do not hesitate to contact our team of experts to obtain more information on conservatory or protection measures in general (injunctive relief) in Panama.