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".