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  Inter-American convention on domicile of natural persons in private international law 
  » 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 a framework of uniform rules to govern the domicile of natural persons in private international law.  

Summary: This Convention establishes the special and general domicile of natural persons via a cumulative solution that facilitates the election of the connection point of such individual, notwithstanding the different regulations concerning this matter in national legislation. The domicile of a natural person shall be determined by the following factors: 1) the location of the person’s habitual residence or the location of its principal place of business; 2) in the absence of the foregoing by the place of mere residence; and 3) in the absence of mere residence, the place where the person is located.  Regarding special domiciles, the Convention establishes that the domicile of incompetent persons is that of its legal representatives; that the conjugal domicile is the place where the spouses live together; that the domicile of diplomatic agents is that of their last domicile in the territory of the accrediting State; that the domicile of natural persons temporarily residing abroad in the employment or commission of their Government is that of the State that appointed them; and, finally, that when a person has his domicile in two States party to the Convention, this person shall be considered domiciled in the State in which such person resides and, if he or she resides in both, the place in which the person is located shall be preferred.

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