The First Chamber of the Supreme Court of Justice (SCJ), on the occasion of a lawsuit for the collection of pesos, took the position that it is imperative to evaluate the community of evidence contributed to the debates as a whole in a harmonious manner, when there is a diversity of argumentation in the parties that object to such evidence.
By judgment No. SCJ-PS-23-0491 of March 29, 2023, they heard a claim in collection in which they established that, although the claimed credit arises from an invoice, it is no less true that this has its origin in a contract, which is an agreement with the force of law between the parties, applying the principle of execution in good faith that raises to assess aspects related to the behavior of the parties, the tenor of Article 1134 of the Civil Code.
"In short, although the initial quotation did not specify the currency, the parties clearly agreed on the terms of the transaction prior to the issuance of the final invoice, with the same concept and amount as the initial quotation," the judgment states.
In this regard, the aforementioned Chamber annulled civil judgment No. 026-02-2022-SCIV-00093 issued by the First Chamber of the Civil and Commercial Chamber of the Court of Appeals of the National District and sent the matter to the Second Chamber of the Civil and Commercial Chamber of the Court of Appeals of the referred jurisdiction.
The sentence was signed by Judges Pilar Jiménez Ortiz, president of the aforementioned chamber; Justiniano Montero Montero, Samuel Arias Arzeno, Vanessa Acosta Peralta and Napoleón Estévez Lavandier.
To read the full sentence, please access the following link: https://poderjudicial.gob.do/wp-content/uploads/2023/05/SCJ-PS-23-0491.pdf
