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  Inter-American convention on Conflict of Laws concerning checks
  » Summary

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CIDIP: This Convention was adopted at the First Inter-American Specialized Conference on Private International Law (CIDIP-I), held in Panama City, Panama - January 1975.  

Ratifications: To date, the following countries have ratified this Convention: [click here] 

Objective: This Convention takes the main provisions of the Inter-American Convention on Conflicts of Laws concerning Bills of Exchange, Promissory Notes and Invoices and applies them to checks, with some changes as required.  

Summary: This Convention establishes that the provisions of the Inter-American Convention on Conflicts of Laws concerning Bills of Exchange, Promissory Notes and Invoices are also applicable to Checks. However, unlike that Convention, which establishes as the applicable law the law of the State in which the document was issued, the present Convention establishes as the applicable law the law of the State Party in which a check is presented; that is to say, the law of the state in which the check is payable.  In addition, the law of the State of Presentation determines various other characteristics of the check, including the following: 1) the time-limit for presentation, conditions of acceptance, certification, confirmation and the effects of such acts; 2) the rights of the holder with regard to the disbursement of funds and the nature of such rights; 3) the rights of the drawer to revoke the check or oppose payment; 4) the necessity of protest or of other equivalent acts for the preservation of rights against the endorsers, the drawer, or other obligated parties; and 5) other matters as relate to the form of the check. *  

*Summary based on Article: "Convenciones aprobadas por la Primera Conferencia Especializada sobre Derecho Internacional Privado (CIDIP-I): Derecho Comercial Internacional" Haroldo Valadão en "Curso de Derecho Internacional, Vol. I".

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