This Convention was adopted at the Second
Inter-American Specialized Conference on Private
International Law (CIDIP-II), held in Montevideo, Uruguay, May 1979.
To date, the following countries have ratified 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.
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
With regard to the requirements of request,
validity and compliance, this Convention defers to and
follows the rules of Inter-American Convention on Letters
summary is based on the Article:
de la Segunda Conferencia Especializada Interamericana
sobre derecho Internacional Privado (CIDIP-II)" Tatiana B.
De Maekelt en "Curso de Derecho Internacional, Vol. I".