CIDIP:
The 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 general rules regarding the choice
and applicable rule of law.
Summary:
The
scope of this Convention expressly establishes that
Private International Law rules have supremacy over local
law.
The Convention requires local forums to enforce
foreign law, except for those cases in which the law of
one Party has institutions or procedures essential to its
proper application that are not provided for in the law of
another Party.
This Convention also recognizes that Judges and
authorities of the Parties shall enforce the foreign law
in the same way as it would be enforced by the judges of
the State whose law is applicable.
Another exception
under the Convention occurs when the basic
principles of the law of one State have been fraudulently
evaded.
The Convention establishes that appeals provided
for in the procedural law are governed by local law (lex
fori) and recognizes Juridical relationships
established in one State as valid in another. Finally, the
Convention requires looking for the most just solution
when different laws apply to various aspects of one and
the same juridical relationship.