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".