Food Obligations - Full Text Of The Norm

Original Language Title: CONVENCIONES OBLIGACIONES ALIMENTARIAS - Texto completo de la norma

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ALIMENTARY OBLIGATIONS Act No. 25.593 Approve the Inter-American Convention on Food Obligations, adopted in Montevideo on 15 July 1989. Sanctioned: May 22, 2002. Enacted: June 13, 2002.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Approve the Inter-American Convention on FOLLOW-UP OBLIGATIONS, adopted in Montevideo UREPUBLICA ORIENTAL DEL URUGUAY el on 15 July 1989, which consists of TREINTA and TRES (33) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, 22 MAY 2002.

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EDUARDO O. CHANGE. . JUAN C. MAQUEDA. . Eduardo D. Rollano. . Juan C. OyarzĂșn.

Inter-American Convention on

ALIMENTARY OBLIGATIONS

APPLICATION

Article 1

The purpose of this Convention is to determine the law applicable to food obligations, competition and international procedural cooperation, where the food creditor has its habitual residence or residence in a State party and the food debtor has its habitual residence or residence, property or income in another State Party.

This Convention shall apply to food obligations for minors for their quality and for those arising from marriage relations between spouses or those who have been such.

States may declare by signing, ratifying or acceding to this Convention that they restrict it to food obligations for minors.

Article 2

For the purposes of this Convention, a minor shall be considered to be a person who has not attained the age of eighteen years. Without prejudice to the foregoing, the benefits of this Convention shall extend to those who have attained that age, continue to be the recipient of food benefits in accordance with the applicable legislation provided for in Articles 6 and 7.

Article 3

States at the time of signing, ratifying or acceding to this Convention, as well as after the Convention ' s validity, may declare that this Convention shall apply to food obligations in favour of other creditors; they may also declare the degree of parentage or other legal links that determine the quality of creditor and debtor of food in their respective legislation.

Article 4

Everyone has the right to receive food, without distinction of nationality, race, sex, religion, affiliation, origin or migration status, or any other form of discrimination.

Article 5

Decisions adopted under this Convention do not prejudge the filiation and family relations between the creditor and the food debtor. However, they may serve as a evidentiary element as soon as relevant.

RIGHT APPLICABLE

Article 6

Food obligations, as well as the qualities of creditor and food debtor, shall be regulated by that of the following legal orders which, in the opinion of the competent authority, is more favourable to the interest of the creditor:

a. The legal order of the State of the domicile or of the habitual residence of the creditor;

b. The legal order of the State of the domicile or of the habitual residence of the debtor.

Article 7

The following subjects shall be governed by the applicable law in accordance with Article 6:

a. The amount of food credit and the time and conditions for making it effective;

b. The determination of those who can exercise food action for the creditor, and

c. The other conditions required for the exercise of the right to food.

COMPETENCE IN THE INTERNATIONAL

Article 8

They shall be competent in the international field to hear food claims, on the option of the creditor:

a. The judge or authority of the State of the domicile or of the habitual residence of the creditor;

b. The judge or authority of the State of the domicile or of the habitual residence of the debtor, or

c. The judge or authority of the State with which the debtor has personal links such as: possession of property, income perception, or obtaining economic benefits.

Without prejudice to the provisions of this article, the judicial or administrative authorities of other States shall be deemed equally competent on the condition that the defendant in the trial had been brought without objecting to the jurisdiction.

Article 9

They shall be competent to know the actions of increased food, any of the authorities referred to in Article 8. They will be competent to know of the actions of cessation and reduction of food, the authorities that have known of the fixing of them.

Article 10

Foods must be proportional to both the need for food, and the economic capacity of the feeder.

If the judge or authority responsible for the security or enforcement of the sentence adopts provisional measures, or provides for the execution of the sentence in less than the requested amount, the rights of the creditor shall be safeguarded.

INTERNATIONAL PROCESSAL COOPERATION

Article 11

Foreign judgements on food obligations shall be extraterritorial in the States Parties if they meet the following conditions:

a. That the judge or authority that rendered the judgement has had international jurisdiction in accordance with Articles 8 and 9 of this Convention in order to know and prosecute the matter;

b. That the judgement and the annexed documents required under this Convention are duly translated into the official language of the State where they should be effective;

c. That the sentencing and the annexed documents are duly legalized in accordance with the law of the State in which they must take effect, where necessary;

d. May the judgement and the annexed documents be covered by the external formalities necessary to be considered authentic in the State from which they proceed;

e. That the defendant has been notified or filed in due legal form substantially equivalent to that accepted by the law of the State where the sentence must be effective;

f. Ensuring the defence of the parties,

g. May they be firm in the State in which they were dictated. In the event of an appeal of the judgement, it shall have no suspensive effect.

Article 12

The evidence documents necessary to request compliance are as follows:

a. Authentic copy of the sentence;

b. Authentic copy of the pieces necessary to prove compliance with Article 11 (e) and (f) and

c. Authentic copy of the car declaring that the sentence is firm or appealed.

Article 13

The control of the above requirements shall be directly vested in the judge who must know of the execution, who shall act in a summary form, with hearing of the obligatory party, by personal summons and with a view to the Public Prosecutor ' s Office, without entering into the review of the merits of the matter. In the event that the resolution is appealable, the appeal shall not suspend the provisional measures or the collection and enforcement that is in force.

Article 14

No form of detention shall be required by the food creditor under the circumstances of possessing foreign nationality, or having their habitual residence or residence in another State.

The benefit of poverty declared in favour of the creditor in the State party where the claim has been made shall be recognized in the State party where the recognition or enforcement is effective. States parties undertake to provide free legal assistance to persons enjoying the benefit of poverty.

Article 15

The jurisdictional authorities of the States Parties to this Convention shall order and execute, upon a substantiated request of a party or through the diplomatic or consular agent, the provisional or urgent measures of a territorial nature and the purpose of which is to ensure the outcome of an outstanding food claim or to be established.

The above shall apply whatever international jurisdiction is, sufficient for this reason that the good or income subject to the measure is within the territory where the measure is promoted.

Article 16

The granting of provisional or precautionary measures shall not imply the recognition of jurisdiction in the international sphere of the requesting jurisdictional body, nor the commitment to recognize the validity or to proceed with the execution of the judgement.

Article 17

The interlocutory resolutions and provisional measures issued in respect of food, including those issued by judges who are aware of the proceedings of nullity, divorce and separation of bodies, or others of a similar nature, shall be executed by the competent authority even if such provisional resolutions or measures are subject to appeals in the State where they were issued.

Article 18

States may declare by signing, ratifying or acceding to this Convention, that it will be their procedural right to regulate the jurisdiction of the courts and the procedure for recognizing the foreign judgment.

GENERAL PROVISIONS

Article 19

States Parties shall seek to provide interim food assistance to children of another State who are abandoned in their territory.

Article 20

The States Parties undertake to facilitate the transfer of funds that are proceeding through the implementation of this Convention.

Article 21

The provisions of this Convention may not be interpreted in such a way as to restrict the rights that the food creditor has under the law of the forum.

Article 22

The enforcement of foreign sentences or the application of foreign law provided for in this Convention may be refused when the State party of enforcement or enforcement, as the case may be, considers it manifestly contrary to the fundamental principles of its public order.

FINAL PROVISIONS

Rule 23

This Convention will be open for signature by the Member States of the Organization of American States.

Article 24

This Convention is subject to ratification. Instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Article 25

This Convention shall be open to accession by any other State. Instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

Article 26

Each State may make reservations to this Convention at the time of signing, ratifying or acceding to it, provided that the reservation relates to one or more specific provisions and is not incompatible with the object and fundamental purposes of this Convention.

Article 27

States Parties that have two or more territorial units governing different legal systems related to issues covered by this Convention may, at the time of signature, ratification or accession, declare that the Convention shall apply to all their territorial units or only to one or more of them.

Such declarations may be amended by subsequent declarations, which expressly specify the territorial units to which the present Convention shall apply. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall take effect thirty days after receipt.

Rule 28

With regard to a State with regard to child food obligations, two or more systems of law applicable in different territorial units:

a. Any reference to the domicile or habitual residence in that State contemplates the habitual residence in a territorial unit of that State;

b. Any reference to the State of domicile or habitual residence Act provides for the Law on Territorial Unit in which the minor has his or her habitual residence.

Rule 29

Among the member States of the Organization of American States that are Parties to this Convention and the Hague Conventions of 2 October 1973 on the Recognition and Effectiveness of Sentences Relating to Food Obligations for Children and the Applicable Law on Food Obligations, this Convention shall govern.

However, States Parties may agree on the priority implementation of the above-mentioned Hague Conventions of 2 October 1973.

Article 30

The present Convention shall not restrict the provisions of conventions that have been signed, or that are signed in the future bilaterally or multilaterally by States Parties, or the most favourable practices that such States may observe in this regard.

Rule 31

This Convention shall enter into force on the thirtieth day from the date of deposit of the second instrument of ratification. For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day from the date on which such State deposited its instrument of ratification or accession.

Rule 32

This Convention shall govern indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year, from the date of deposit of the instrument of denunciation, the Convention shall cease its effects for the reporting State, remaining to the other States Parties.

Rule 33

The original instrument of this Convention, whose texts in English, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send an authentic copy of its text to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the member States of that Organization and the States that have acceded to the Convention, signatures, deposits of instruments of ratification, accession and denunciation, as well as any reservations. It will also transmit the declarations provided for in this Convention.

IN WITNESS WHY, the undersigned Plenipotentiaries, duly authorized by their respective Governments, sign this Convention.

HEAD IN THE MONTEVIDEO CIUDAD, ORIENTAL REPUBLIC From the URUGUAY, on the fifteenth of July, nine hundred and eighty-nine.

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Law 25.593

In the 14 June 2002 edition of the Act, the following printing errors were slipped:

In Article 11 of the Inter-American Convention on Food Obligations,

DONDE DICE: That they have the character of signature in the state... I should say: Let them stand firm in the state...

In Article 19,

DONDE DICE: ... the minors of another State who are paid in their territory. I should say: ... the minors of another State who are abandoned in their territory.