B-39: INTER-AMERICAN CONVENTION ON CONFLICTS OF LAWS CONCERNING CHECKS
ADOPTED AT: MONTEVIDEO, URUGUAY
DATE: 05/08/79
CONF/ASSEM/MEETING: INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE
INTERNATIONAL LAW
,
ENTRY INTO FORCE: 06/14/80 IN ACCORDANCE WITH ARTICLE 16 OF THE CONVENTION
DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND
RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 49
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UN REGISTRATION: 03/20/89 No. 24387 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-39
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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 05/03/94 03/17/94 RA / /
Chile ............... 05/08/79 07/25/96 09/06/96 RA / /
Colombia ............ 05/08/79 / / / / / /
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 / / / / / /
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 a 05/15/80 RA / /
Venezuela ........... 05/08/79 01/30/85 02/28/85 RA / /
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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-39. INTER-AMERICAN CONVENTION ON CONFLICTS
OF LAWS CONCERNING CHECKS
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
unquestionable form by the unreserved ratification by Uruguay of all
the Conventions of Panama, approved by Law 14,534 in 1976.
In line with the foregoing, the Oriental Republic of 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 the Oriental Republic 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. Uruguay:
(Declaration made at the time of ratification)
With the declaration made at the time of signature.
Text
of the Treaty