Apelaciones - Rol N° 1933-2019

La Corte de Apelaciones de Talca confirmed a ruling that rejected an executive lawsuit filed by Scotiabank Chile against A.I. Ramirez, by upholding the exception of lack of requirements for the executive title, specifically the absence of the power of attorney that authorized the signatory of the promissory notes.

• Nature of the process: Executive lawsuit filed by Scotiabank Chile, judicially represented by an attorney-in-fact, against Nombre, based on two promissory notes.
• Amount claimed: The executive action sought payment of promissory notes totaling $5,057,752 and $4,469,330, plus accrued interest and agreed-upon interest.
• Exceptions raised by the defendant: The defendant filed exceptions of concession of stays or extension of the term (No. 11, Art. 464 CPC) and lack of legal requirements or conditions for the title to have executive force (No. 7, Art. 464 CPC).
• Basis for the exception of lack of requirements (No. 7): It was alleged that the promissory notes were signed by Rodrigo Tapia Mena, acting on behalf of Scotiabank Chile, without providing the power of attorney that autho...