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  Inter-American convention on conflicts of laws concerning checks
  » Summary

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CIDIP: This Convention was adopted at the Second Inter-American Specialized Conference on Private International Law (CIDIP-II), held in Montevideo, Uruguay - May 1979.  

Ratifications: To date, the following countries have ratified this Convention: [click here] 

Objective: This convention establishes the applicable law concerning check obligations.  

Summary: This Convention is an extension of the Inter-American Convention on Conflict of Laws Concerning Checks adopted at CIDIP-I. The Convention establishes that the capacity to enter into an obligation by means of a check shall be governed by the law of the place in which the obligation was entered into. However, legal acts and obligations arising from a check shall be governed by the law of the place in which such acts are performed. Nevertheless, if  the obligation is contracted by a person who is considered incompetent according to that law, such incompetency shall not be valid in the territory of any other State Party to this Convention if the obligation is valid under the law of that State. Finally, this Convention designates, the law of the place in which a check is to be paid, as the point of connection for all circumstances  linked to the payment of the document.  The Convention also recognizes the existence of a regional clearing-house and, when applicable, provides for the application of its norms the circulation of a regional check.*  

* Summary based on the article: Resultados de la Segunda Conferencia Especializada Interamericana sobre derecho Internacional Privado (CIDIP-II)" Tatiana B. De Maekelt in "Curso de Derecho Internacional, Vol. I".  

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