B-44: INTER-AMERICAN CONVENTION ON DOMICILE OF NATURAL PERSONS IN PRIVATE
INTERNATIONAL LAW
ADOPTED AT: MONTEVIDEO, URUGUAY
DATE: 05/08/79
CONF/ASSEM/MEETING: SECOND INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE
INTERNATIONAL LAW
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ENTRY INTO FORCE: 06/14/80 IN ACCORDANCE WITH ARTICLE 11 OF THE CONVENTION
DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND
RATIFICATIONS)
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TEXT: OAS, TREATY SERIES, NO. 55
UN REGISTRATION: 03/20/89 No. 24390 Vol.
OBSERVATIONS: This Convention shall remain open for signature by the
Member States of the OAS and for accession by any other
state.
GENERAL INFORMATION OF THE TREATY: B-44
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SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
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Bolivia ............. 08/02/83 / / / / / /
Brazil .............. 05/08/79 / / / / / /
Chile ............... 05/08/79 / / / / / /
Colombia ............ 05/08/79 / / / / / /
Costa Rica .......... 05/08/79 / / / / / /
Dominican Republic .. 05/08/79 / / / / / /
Ecuador ............. 05/08/79 05/05/82 06/01/82 RA / /
El Salvador ......... 08/11/80 / / / / / /
Guatemala ........... 05/08/79 04/09/91 Rc 07/26/91 RA / /
Haiti ............... 05/08/79 / / / / / /
Honduras ............ 05/08/79 / / / / / /
Mexico .............. 12/02/86 02/11/87 D a 06/12/87 RA / /
Panama .............. 05/08/79 / / / / / /
Paraguay ............ 05/08/79 07/05/85 08/16/85 RA / /
Peru ................ 05/08/79 04/09/80 05/15/80 RA / /
Uruguay ............. 05/08/79 D 1 02/12/80 D b 05/15/80 RA / /
Venezuela ........... 05/08/79 / / / / / /
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REF = REFERENCE INST = TYPE OF INSTRUMENT
D = DECLARATION RA = RATIFICATION
R = RESERVATION AC = ACCEPTANCE
INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION
B-44. INTER-AMERICAN CONVENTION ON DOMICILE OF NATURAL PERSONS
IN PRIVATE INTERNATIONAL LAW
1. Uruguay:
(Declaration made at the time of signature)
The scope of public order:
Uruguay wishes to state that it expressly ratifies the line of
thought enunciated in Panama at CIDIP-I, reaffirming its genuine Pan
American spirit and its clear and positive decision to contribute
with its ideas and endorsement to the successful development of the
legal community.
This line of thinking and conduct has been evidenced in
undoubtable form by the unreserved ratification by Uruguay of all
the Conventions of Panama, approved by Law l4,534 in l976.
In line with the foregoing, Uruguay gives its affirmative vote
to the formula regarding public order. Nevertheless, Uruguay wishes
to state expressly and clearly that, in accordance with the position
it maintained in Panama, its interpretation of the aforementioned
exception refers to international public order as an individual
juridical institution, not necessarily identifiable with the
internal public order of each state.
Therefore, in the opinion of Uruguay, the approved formula
conveys an exceptional authorization to the various States Parties
to declare in a nondiscretionary and well-founded manner that the
precepts of foreign law are inapplicable whenever these concretely
and in a serious and open manner offend the standards and principles
essential to the international public order on which each individual
state bases its legal individuality.
a. Mexico:
(Declaration made at the time of ratification.)
Article 3
Mexico declares that in the event of abandonment of incompetent
persons by their legal representatives, the domicile of the former
shall be determined on the basis of the provisions of Article 2 of
the Convention.
B-44/2
b. Uruguay:
(Declaration made at the time of ratification)
With the declaration made at the time of signature.
C. Guatemala:
(Reservation made at the time of ratification)
The Republic of Guatemala makes a reservation to Article 2 of
the Convention in the sense that an alien may not allege that he is
legally domiciled in Guatemala in the eyes of the State of Guatemala
by virtue of merely being located in this country, without having
satisfied the internal requirements for the acquisition by a
foreigner of domicile in
Guatemala.
Text
of the Treaty