Abstract

ESPLUGUES MOTA, Carlos. A PRIVATE INTERNATIONAL LAWAPPROACHTOTHE NEW CODE OF CIVIL PROCEDURE OF BOLIVIA, OF 2013. Rev. Bol. Der. [online]. 2014, n.18, pp.16-62. ISSN 2070-8157.

ABSTRACT: Bolivia enacted in 201 3 a new Code of Civil Procedure which is due to come into force in August 2014. This new Code provides fresh responses to certain weaknesses and problems generated by the old Code of 1975. Unfortunately, the analysis of those solutions provided by the new CPC as regards international disputes shows the maintenance of relevant uncertainties and misunderstandings in the new text, creating a certain sense of missed opportunity. Nowadays the Bolivian's Private International Law system remains embryonic. It is for the national legislator to provide sound responses to problems raised by international disputes.The Bolivian legislator seems to be aware of this necessity. However in in too many cases responses setforth by the new CPC give cause for criticism. Thus, certain relevant legal loopholes coexist with significant errors in the approach provided as regards key issues of the international civil procedure and insufficient debugging on the technical legal language is also ascertainable.All these facts will generate, sooner rather than later, major interpretative problems.This article addresses in depth the international dimension of the new CPC, analyzing the solutions embodied and providing answers to the problems generated by them.

Keywords : International civil procedure; International Private Law; international civil jurisdiction; international procedure, recognition and enforcement of foreign judgments; new Code of Civil Procedure; Bolivia.

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