The exequatur is the judicial procedure through which a judgment issued by a foreign court acquires the same enforceability as judgments rendered by Argentine courts. It is a brief proceeding of limited cognition: its object is not the underlying substantive legal relationship that gave rise to the foreign ruling, but the judgment itself. The court hearing the exequatur does not re-examine the merits of the case decided abroad; its task is limited to verifying whether the judgment meets the requirements that Argentine law establishes for it to produce effects within the national territory. Three aspects are examined: authenticity, legality, and international public order.
The distinction between recognition and enforcement is fundamental. Recognition means that the Argentine State acknowledges the existence and validity of the foreign judgment as a jurisdictional act, producing declarative effects such as res judicata. Enforcement, on the other hand, enables the compulsory execution of the condemnation: collection of monetary sums, registration of property transfers, annotation of precautionary measures, among others. Not every judgment that is recognized needs to be enforced: a declaratory judgment regarding personal status (for example, a divorce) may require only recognition, without forced execution.
The exequatur is not a review of the merits. The Argentine court does not analyze whether the foreign judgment correctly resolved the dispute. The compatibility examination cannot be equated with an ordinary judicial review nor reopen the issues already decided by the court of origin.
Each case requires an individualized professional assessment to determine whether mere recognition, enforcement, or both should be sought.
Legal framework: normative sources
The Argentine system for recognition and enforcement of foreign judgments is structured upon a hierarchy of sources established by Article 2594 of the Civil and Commercial Code (CCyCN): first, applicable international treaties; subsidiarily, internal private international law rules.
The main normative sources are:
- International treaties: Treaties of Montevideo of 1889 and 1940, Inter-American Conventions (CIDIP) — particularly the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards (Montevideo, 1979) —, the Hague Convention, and bilateral treaties signed by Argentina
- CPCCN, Art. 517: establishes the procedural requirements for the admissibility of the exequatur at the federal and national level
- CCyCN, Arts. 2594-2612: general provisions of private international law, including rules on international jurisdiction, cooperation, and recognition
Applicable regime. The regime governing the exequatur depends on whether an international treaty exists between Argentina and the country that issued the judgment. If a treaty exists, it prevails over domestic law. If no treaty exists, the rules of the CPCCN and CCyCN apply. Determining the applicable source is the first step in any exequatur analysis.
Requirements under Art. 517 CPCCN
In the absence of an applicable international treaty, Article 517 of the Code of Civil and Commercial Procedure establishes the requirements that a foreign judgment must meet to be recognized and enforced in Argentina. The main requirements are analyzed below:
International jurisdiction of the foreign court
The court that issued the judgment must have had international jurisdiction according to Argentine rules of international jurisdiction (Art. 517, subsection 1). The so-called bilateralist theory applies: the rules that Argentina uses to assert its own jurisdiction are employed, symmetrically, to evaluate whether the foreign court was competent. Modern interpretation allows some flexibility: jurisdictional rules for assuming competence may be interpreted more broadly when evaluating jurisdiction already exercised by a foreign court.
Due process
The defendant must have been personally served and their right of defense must have been guaranteed. This is one of the most litigated requirements in practice: the court will verify that the defendant had an effective opportunity to exercise their right of defense in the foreign proceedings, including proper notification of all procedural acts.
Res judicata
The judgment must have res judicata effect in the country of origin; that is, it must be final and unappealable. If the judgment is still subject to ordinary appeals in the jurisdiction of origin, it cannot be recognized or enforced in Argentina. The applicant must prove this requirement through a certificate issued by the competent authority of the country of origin.
Authenticity
The judgment must meet the authenticity requirements demanded by Argentine law: legalization (apostille under the Hague Convention, or consular legalization) and translation by a certified public translator registered in Argentina. Documents in a foreign language that lack proper legalization and translation will be rejected.
International public order
The judgment must not violate the fundamental principles of Argentine international public order. This concept is not identical to domestic public order: it is a narrower concept that only operates as a barrier when the foreign judgment is incompatible with the most fundamental principles of the Argentine legal system. The compatibility examination cannot extend to the point of re-examining all issues already decided by the foreign court, nor equate the review with an ordinary judicial revision.
No incompatibility with an Argentine judgment
The foreign judgment must not be incompatible with a prior or simultaneous Argentine judgment issued between the same parties on the same subject matter. This requirement protects the coherence of the Argentine jurisdictional system and prevents contradictory rulings.
Each case requires an individualized professional assessment to determine compliance with these requirements based on the specific circumstances.
Limits of the exequatur: what CANNOT be enforced
The exequatur is not a universal mechanism: there are matters over which Argentina reserves exclusive jurisdiction, meaning that foreign judgments issued on those matters cannot be recognized or enforced.
For example, if a person dies with their last domicile abroad but owns real property in Argentina, the exequatur of the foreign inheritance declaration to register that property would not be admissible. In such cases, succession proceedings should be initiated in Argentina pursuant to Articles 2643 and 2644 of the CCyCN, which establish the exclusive jurisdiction of Argentine courts in succession matters when immovable property exists in Argentine territory, and that Argentine law applies.
Article 2609 of the CCyCN establishes other cases of exclusive jurisdiction of Argentine courts:
- Rights in rem over immovable property located in the Argentine Republic
- Registrations in Argentine public registries
- Validity and nullity of patents, trademarks, and other rights registered or required to be registered in Argentina
Additionally, the Treaties of Montevideo of 1889 and 1940 enshrine the theory of fragmentation in succession matters: each country exercises jurisdiction and applies its own law with respect to property located in its territory.
Before initiating an exequatur, it is essential to verify whether the subject matter of the judgment falls within the scope of Argentine exclusive jurisdiction. If so, the exequatur will be rejected and the appropriate proceedings must be initiated before Argentine courts. Each case requires an individualized professional assessment.
Procedure: how it is processed
The exequatur is processed before a first instance judge with jurisdiction over the subject matter and corresponding territorial jurisdiction. The procedure follows the rules for incidental proceedings (brief procedure), as provided by the CPCCN.
The main steps of the proceeding are:
- Filing of the exequatur petition: the legalized testimony of the foreign judgment is submitted, translated by a certified public translator, together with documentation proving compliance with the legal requirements (res judicata, due process, authenticity)
- Intervention of the Public Prosecutor's Office: the fiscal intervenes in all exequatur proceedings, issuing an opinion on the admissibility of recognition
- Service on the opposing party: if applicable, the defendant is served to exercise their right of defense
- Judicial decision: the judge issues a ruling admitting or rejecting the exequatur. If admitted, the foreign judgment acquires the same enforceability as an Argentine judgment, and enforcement proceeds according to domestic procedural rules
It is possible to request precautionary measures alongside the exequatur petition. Article 2603 of the CCyCN empowers Argentine courts to order provisional and precautionary measures when a foreign judgment must be recognized or enforced in Argentina. This allows, for example, requesting a preventive attachment on the debtor's assets while the exequatur is being processed.
Each case requires an individualized professional assessment regarding the most appropriate procedural strategy.
Required documentation
Filing an exequatur requires rigorous documentary preparation. The following is an indicative list of the documents typically needed:
- Original or certified copy of the foreign judgment
- Apostille (for countries party to the Hague Convention) or consular legalization (for other countries)
- Translation into Spanish by a certified public translator registered in Argentina
- Certificate of res judicata: a document issued by the competent authority of the country of origin certifying that the judgment is final and no longer subject to ordinary appeals
- Proof of service on the defendant: documentation proving that the defendant was duly served and their right of defense was guaranteed
- Special power of attorney if the applicant acts through an attorney or legal representative in Argentina
Legalization chain. All documents of foreign origin must follow the complete legalization chain: issuance by the competent authority of the country of origin, apostille or consular legalization, and finally translation by a certified public translator registered in Argentina. Omitting any link in this chain will generate objections and delays in the proceeding.
The exequatur is not a review of the merits of the foreign judgment. It is a compatibility check with the Argentine legal system, limited to verifying authenticity, legality, and international public order.
Last updated: February 2026. Legislation cited: Art. 517 CPCCN, Arts. 2594-2612 CCyCN, Arts. 2603, 2609, 2643-2644 CCyCN, Treaties of Montevideo 1889/1940.