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Inter-American
Juridical Committee

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Organization of American States

 

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  Inter-American convention on general rules of private international law 
  » Summary

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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.

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