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Inter-American
convention
on domicile of natural persons in private international law |
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» Summary
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[full
text] |
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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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