B-45: INTER-AMERICAN CONVENTION ON GENERAL RULES OF PRIVATE INTERNATIONAL LAW ADOPTED AT: MONTEVIDEO, URUGUAY DATE: 05/08/79 CONF/ASSEM/MEETING: SECOND INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE INTERNATIONAL LAW , ENTRY INTO FORCE: 06/10/81 ONE YEAR AFTER THE RESERVATION MADE BY URUGUAY WAS CONSULTED DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS) , , TEXT: OAS, TREATY SERIES, NO. 54 UN REGISTRATION: 06/28/89 No. 24637 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-45 =============================================================================== SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF =============================================================================== Argentina ........... 12/01/83 11/07/83 12/01/83 RA / / Bolivia ............. 08/02/83 / / / / / / Brazil .............. 05/08/79 08/31/95 11/27/95 RA / / Chile ............... 05/08/79 / / / / / / Colombia ............ 05/08/79 06/09/81 09/10/81 RA / / Costa Rica .......... 05/08/79 / / / / / / Dominican Republic .. 05/08/79 / / / / / / Ecuador ............. 05/08/79 04/27/82 05/18/82 RA / / El Salvador ......... 08/11/80 / / / / / / Guatemala ........... 05/08/79 12/15/87 01/13/88 RA / / Haiti ............... 05/08/79 / / / / / / Honduras ............ 05/08/79 / / / / / / Mexico .............. 08/03/82 R 1 01/21/83 R a 04/19/84 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 2 02/12/80 DR b 05/15/80 RA / / Venezuela ........... 05/08/79 11/06/85 12/18/85 RA / / =============================================================================== REF = REFERENCE INST = TYPE OF INSTRUMENT D = DECLARATION RA = RATIFICATION R = RESERVATION AC = ACCEPTANCE INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION B-45. INTER-AMERICAN CONVENTION ON GENERAL RULES OF PRIVATE INTERNATIONAL LAW 1. Mexico: Signed ad referendum. (Reservation made at the time of signature) Mexico interprets Article 2 to mean that it creates an obligation only when the existence of the foreign law has been proved before the judge or authority or its provisions are made known to them in some other way. 2. 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 number 14,534 in 1976. 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: (Reservation made at the time of ratification) Consultation began April 19, 1983, in conformity with Resolution AG/RES. 102 of 1973. The period of twelve months for the consultation expired April 18, 1984, without any objection being raised to the reservation. The text of the reservation is the same formulated at the time of signing the Convention. b. Uruguay: (Declaration made at the time of ratification) With the declaration made at the time of signature. (Reservation made at the time of ratification) The Government of the Oriental Republic of Uruguay makes a reservation with respect to Article Six of the Inter-American Convention on General Rules of Private International Law by understanding: First - That its admissibility would signify introducing a new exception to the normal application of the regularly compe- tent foreign law according to the rule of conflict; Second - That the exception would function only when the application of the law itself has been affected; Third - That it introduces an element of subjectivity that is difficult to perceive, by opening the door to presumptions of doubtful validity in the face of the clear text of the rule in conflict; Fourth - In many cases it would go against the principle of the choice of law of the parties and considering the clearly objective nature of many points of contact, such as the domicile, it would be eliminating the texts approved in the Conference on that point of contact such as Article Two of the Convention on Domicile of Natural Persons; Fifth - Uruguay will acknowledge that fraud has been committed in the law in cases that can be prejudicial to the interests of the country but not in those concerning merely private relations; Sixth - If the point of contact is established fraudulently in order not to comply with the law, the point of contact does not exist.
Text of the Treaty