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)
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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
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SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
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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 01/21/83 04/19/84 RA / / 1
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 02/12/80 05/15/80 RA / / 2
Venezuela ........... 05/08/79 11/06/85 12/18/85 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-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.
(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.
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.
(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.
On July 26, 2023 the General Secretariat acknowledged receipt of a note
by the Government of Uruguay, notifying the depositary about
the withdrawal of the reservation to article 6 of the
"Inter-American Convention on General Rules of Private International Law,"
adopted in Montevideo, Uruguay on April 8, 1979.
Text
of the Treaty