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Juridical Committee

Sec. for Legal Affairs


Organization of American States


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  Inter-American convention on Execution of Preventive Measures 
  » 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 creates a framework for the extraterritorial application of a proceeding requiring compliance with preventive measures adopted in commercial, civil or labor matters, as well as in criminal trials in which civil damages are sought. 

Summary: This Convention establishes that preventive measures shall be governed in accordance with the laws and courts of the place of the proceedings, while its execution and the counter-preventive measure or guaranty  shall be governed by the laws and courts of the place in which execution is sought.  However, the Convention also establishes that the judge of the State of execution may lift such measure in accordance with its own law if the affected party lacks grounds for the measure or when the petition is based on the impairment of the guaranty.  Likewise, the Convention establishes that the execution of preventive measures by a judge or court of the State of destination shall not entail any commitment to recognize and execute the foreign judgment that may have been rendered in the relevant proceeding. 

For cases dealing with ownership rights in property, the Convention establishes that the law of the jurisdiction in which the property is located shall govern preventive measures. In cases where the preventive measure relates to the custody of minors, the Convention gives power to a court in the State of destination to limit the scope and the effects of the measure, pending the final decree of the court in which the principal proceeding is taking place. 

With regard to the requirements of request, validity and compliance, this Convention defers to and follows the rules of Inter-American Convention on Letters Rogatory. * 

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

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