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Inter-American
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Sec. for Legal Affairs

 

Organization of American States

 

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  Inter-American convention on proof of and information on foreign law
  » 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 establishes rules for international cooperation between States for providing proof concerning their respective laws.  

Summary: The authorities of the States members to the Convention shall provide requesting members with elements of proof of and reports on the text, validity, meaning and legal scope of their laws. 

Such requests must contain the following information: 1) name of authority making a request; 2) nature of matter to which the request is related; 3) statement of the elements of proof being requested; 4) specification of each of the points to which the request relates; and 5) official translation into the language of the State of destination.  All requests to which this Convention refers may be directed to the jurisdictional authorities or the Central Authority of the requesting State. 

Authorities requested to provide information shall answer each of the points contained in the request as completely as possible.  However, an authority shall not be required to reply to another State Party when its interests would be impaired by the question that gave rise to the request, or when the request could impair its security or sovereignty.  The State answering the request shall not be held responsible for the opinion expressed in the reply, nor shall it be required to apply the law or cause it to be applied. 

For the purpose of implementing this Convention, each State Party shall designate a Central Authority.

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