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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 , ENTRY INTO FORCE: 06/14/80 IN ACCORDANCE WITH ARTICLE 11 OF THE CONVENTION DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS) , , 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 =============================================================================== SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF =============================================================================== 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 / / / / / / =============================================================================== 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.
