1992 ACT 32
Official Journal No. 40,705. of 31 December 1992
By means of which the " Organic Statute of the International Instituteis approved
for the Unification of Private Law, " made in Rome on March 15, 1940.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Organic Statute of the International Institute for the Unification of Private Law", made in Rome on March 15, 1940, which reads:
" ORGANIC STATUTE OF THE INTERNATIONAL PRIVATE LAW INSTITUTE
The International Institute for the Unification of Private Law aims to study the means of harmonizing and coordinating private law between States or groups of States and to gradually prepare for adoption by the different states of a uniform private law legislation.
To this end, the Institute:
a) Pre-draft laws or conventions with a view to establishing a uniform internal law;
b) Pre-draft agreements to facilitate international relations in the field of private law;
c) Emprende comparative law studies on private law;
d) You are interested in the initiatives already taken by other institutions in all those fields with which you can, if necessary, keep in touch.
e) Organizes conferences and publishes studies that are worthy of wide dissemination.
1. The International Institute for the Unification of Private Law is an international institution that depends on the participating governments.
2. It is participating governments that adhere to this Statute according to the article 20.
3. In the territory of each of the participating governments, the Institute enjoys the legal capacity to carry out its activities and to achieve its objectives.
4. The privileges and immunities of the Institute, its agents and its officials shall be defined in agreements which shall be stipulated with the participating governments.
The International Institute for the Unification of Private Law is based in Rome.
Organs of the Institute are:
1. The General Assembly;
2. The President;
3. The Board of Directors;
4. The Standing Committee;
5. The Administrative Court;
6. The Secretariat.
1. The General Assembly shall be composed of one representative for each participating Government. Governments, other than the Italian Government, will be represented in it by their diplomatic agents with the Italian Government or their delegates.
2. The Assembly shall meet in Rome in ordinary session at least once each year, at the request of the President, for the approval of the annual accounts of revenue and expenditure and of the budget.
3. Every three years, the Assembly shall approve the Institute's work programme, on a proposal from the Board of Directors and, in accordance with paragraph 4 of Article 16, review, by a two-thirds majority of the members If applicable, any decision taken pursuant to paragraph 3 of that Article 16.
1. The Board of Directors shall be composed of the President and sixteen to twenty-one members.
2. The President shall be appointed by the Italian Government.
3. The members shall be appointed by the General Assembly. The Assembly may appoint a member of more than those referred to in the first paragraph, choosing it among the acting judges of the International Court of Justice.
4. The term of office of the President and members of the Board of Directors shall be five years and shall be renewable.
5. The member of the Board of Directors appointed to replace a member whose term of office has not expired shall end the lapse of the mandate of his predecessor.
6. With the consent of the President, each member may be represented by a person at his/her choice.
7. The Board of Directors may invite representatives of international institutions or organizations to participate in its meetings, in an advisory capacity, when the work of the Institute treats matters relating to such institutions or organizations.
8. The Board of Directors shall be convened by the President whenever he deems it necessary and in any case at least once every year.
1. The Standing Committee shall be composed of the President and five members appointed by the Board of Directors among its members.
2. Members of the Standing Committee will remain in their positions for five years and will be re-eligible.
3. The Standing Committee shall be convened by the Chair, whenever it deems necessary and in any case at least once every year.
1. The Administrative Court shall have jurisdiction to rule on disputes between the Institute and its officials or employees, or their successors, as regards the interpretation or application of the Staff Regulations. Disputes arising from contractual relations between the Institute and third parties shall be submitted to the Court on condition that such jurisdiction is expressly recognized by the parties to the contract giving rise to the dispute.
2. The Court shall consist of three members and one alternate member, chosen outside the Institute and belonging, preferably, to different nationalities. They will be elected by the General Assembly for the duration of five years. In case of vacancy, the Court shall be completed by co-optation.
3. The Court shall, in the first and final instance, judge by applying the provisions of the Staff Regulations and the Rules of Procedure, as well as the general principles of law. Ex aequo et bono may also be ruled out where such power has been conferred on it by agreement between the parties.
4. If the President is of the opinion that a dispute between the Institute and one of its officials or employees is of very limited importance, it may fail, or the decision may be entrusted to one of the judges of the Court.
5. The Court will set its procedures rules by itself.
Members of the Board of Directors of the Administrative Court, whose term of office ends by the expiration of the term, shall remain in office until the installation of the new elect.
1. The Secretariat comprises a Secretary-General appointed by the Board of Directors after the presentation of the President; two Assistant Secretaries-General belonging to different nationalities, also appointed by the Board of Directors, and, officials and employees to be governed by the rules governing the administration of the Institute and its internal functioning, as set out in Article 17.
2. The Secretary-General and the Deputy Secretary-General shall be appointed for a term of not more than five years. They will be reeligible.
3. The Secretary-General of the Institute is entitled Secretary General of the General Assembly.
The Institute owns a library placed under the direction of the Secretary General.
The official languages of the Institute are Italian, German, English, Spanish, and French.
1. The Board of Directors serves the means to perform the tasks set forth in article 1o.
2. It lays down the subjects to be covered by the Institute's work programme.
3. It approves the annual report on the activity of the Institute.
4. It approves the draft budget and transmits it to the General Assembly for approval.
1. Any participating government, as well as any international institution with official status, may make proposals, addressing the Board of Directors, on the study of issues related to unification, harmonization or coordination of the private law.
2. Any international institution or association, the object of which is the study of legal matters, may submit to the Board of Directors suggestions for the studies to be undertaken.
3. The Board of Directors decides on the course to be given to the proposals and suggestions so formulated.
The Board of Directors may establish with other intergovernmental organizations, as well as non-participating governments, any appropriate relationship to ensure collaboration in accordance with their respective ends.
1. The Board of Directors may decide to examine special cases in the case of committees of case-law particularly well-versed in the study of such matters.
2. Commissions will be chaired as much as possible by members of the Board of Directors.
1. After studying the subjects it has considered, the subject of its work, the Board of Directors approves, if appropriate, the preliminary draft proposals to be submitted to the governments.
2. The Board of Directors transmits them, either to the participating governments, to the institutions or associations that presented them with proposals or suggestions, asking for their opinion on the appropriateness and the substance of the established provisions.
3. On the basis of the replies received, the Board of Directors approves, if appropriate, the final projects.
4. The Board of Directors transmits them to governments and institutions or associations that submit proposals or suggestions.
5. The Board of Directors immediately attends to the media to ensure the convening of a diplomatic conference to examine the projects.
1. The President represents the Institute.
2. The executive branch will be exercised by the Board of Directors.
1. The annual expenditure relating to the operation and maintenance of the Institute shall be covered by revenue from the Institute's budget, which shall cover in particular the basic ordinary contribution of the Italian Government, such as It was approved by the Italian Parliament, which stated that it would have set it from 1985 in the sum of 300 million Italian lire per year, which could be revised at the end of each three-year period by the law approving the budget of the Italian State, and the annual ordinary contributions of the other governments participants.
2. In order to distribute the corresponding share of the annual expenditure not covered by the ordinary contribution of the Italian Government or by income from other sources, among the other participating governments, they shall be divided by categories. A certain number of units will correspond to each category.
3. The number of categories, the number of units corresponding to each category, the amount of each unit, as well as the classification of each Government within a category, shall be fixed by a General Assembly resolution adopted by a majority of Two thirds of the members present and voting shall be proposed by a Commission appointed by the Assembly. In such a classification, the Assembly shall take into account, inter alia, the national income of the country concerned.
4. Decisions taken by the General Assembly pursuant to paragraph 3. of this Article may be reformed every three years by a new General Assembly resolution, adopted by the same majority of two-thirds of the members present and voters, on the occasion of their decision referred to in paragraph 3o. of article 5o.
5. The resolutions of the General Assembly adopted pursuant to paragraphs 3o. and 4. of this Article shall be notified by the Italian Government to each participating Government.
6. Within one year of the notification provided for in paragraph 5o. of this Article, each participating Government shall have the power to assert its claims against the resolutions relating to its classification at the next session of the General Assembly. The latter shall act by a resolution adopted by a two-thirds majority of the members present and voting, which shall be notified by the Italian Government to the participating Government concerned. The same Government, however, will have the power to denounce its accession to the Institute, in accordance with the procedure laid down in paragraph 3. of article 19.
7. The participating governments have been late for more than two years in paying their contributions, losing the right to vote in the General Assembly until they regulate their position. In addition, those governments shall not be considered in the formation of the majority required under Article 19 of this Statute.
8. The premises necessary for the operation of the services of the Institute are made available to the Italian Government.
9. A Rotary Fund of the Institute is set up, the purpose of which is to cover current expenditure, pending the recovery of contributions due by the participating governments, as well as unforeseen expenditure.
10. The rules for the Rotary Fund will be part of the Institute's Rules of Procedure. They shall be adopted and amended by the General Assembly by a two-thirds majority of members present and voting.
1. The rules governing the administration of the Institute, its internal functioning and the staff regulations shall be established by the Board of Directors and shall be approved by the General Assembly and communicated to the Italian Government.
2. The travel and subsistence allowances of the members of the Board of Directors and of the study commissions, as well as the emoluments of the staff of the Secretariat, as well as any other administrative expenditure, will be in charge of the budget of the Institute.
3. The General Assembly shall appoint, upon presentation of the President, one or two Commissioners responsible for the financial control of the Institute. The duration of their duties shall be five years. If two Commissioners are appointed, they must belong to different nationalities.
4. The Italian Government shall not be liable, either financially or otherwise, for the administration of the Institute, or in any civil liability for the operation of its services and in particular with regard to the staff of the lnstituto.
1. The commitment of the Italian Government concerning the annual subsidy and the premises of the Institute referred to in Article 16is set for a duration of six years. This commitment will remain in force for a further period of six years if the Italian Government does not notify the other participating governments of its intention to lapse its effects, at least two years before the end of the current period. In such an event, the General Assembly shall be convened by the President, if necessary in extraordinary session.
2. It shall be for the General Assembly, if it decides the abolition of the Institute, to adopt, without prejudice to the provisions of the Statute and the Rules of Procedure relating to the Rotary Fund, any useful measure relating to the acquired by the Institute in the course of its operation and particularly to the archives and collections of documents and books or newspapers.
3. It is understood, however, that in such an eventuality the grounds, buildings and movable things placed at the disposal of the Institute by the Italian Government will be returned to it.
1. Amendments to this Statute which were adopted by the General Assembly shall enter into force from their approval by a two-thirds majority of the participating governments.
2. Each Government shall communicate in writing its approval to the Italian Government, which shall bring it to the attention of the other participating governments, as well as the President of the Institute.
3. Any Government which has not approved an amendment to this Statute shall have the power to denounce its accession within six months of the entry into force of the amendment. Such denunciation shall take effect from the date of its notification to the Italian Government, which shall bring it to the attention of the other participating governments, as well as the President of the Institute.
1. Any Government which intends to accede to this Statute shall notify in writing of its accession to the Italian Government.
2. The accession will be given for six years and will be tacitly renewed six years in six years, with the exception of its complaint communicated in writing one year before the end of each period.
3. The accessions and complaints will be notified to the governments participating by the Italian Government.
This Statute shall enter into force when at least six Governments have notified their accession to the Italian Government.
This Statute, which will be dated 15 March 1940, will be deposited in the archives of the Italian Government. Certified copy of the text will be transmitted, through the Italian Government, to each participating Government.
Interpretation of article 7 bis of the Organic Statute approved in 11a. Session of the General Assembly. (30 April 1953).
The General Assembly:
View the Resolution that introduced amendments to the Institute's Organic Statute, adopted by the Assembly on January 18, 1952;
Whereas in accordance with the second sentence of the first paragraph of Article 7a of the Statute concerning jurisdiction of the Administrative Court " disputes arising from contractual relations between the Institute and third parties shall be submitted to this Court on condition that such jurisdiction is expressly recognized by the parties to the contract that gives rise to the dispute. "
Considering the desirability of punctuating the scope of the jurisdiction that may be attributed to the Administrative Court under that provision,
1. That the expression "disputes arising from contractual relations between the Institute and third parties" may be submitted to the Administrative Tribunal of the Institute under the conditions laid down in Article 7 of the Organic Statute, exclusively contemplates the controversies inherent in the obligations arising out of contracts stipulated between the Institute and third parties.
2. That the jurisdiction of the Administrative Court with respect to disputes arising from contractual relations between the Institute and third parties may not be considered as "expressly recognized" but if this recognition is made in writing.
Executive Branch of the Public Power.
Presidency of the Republic.
Santafe de Bogota, D.C., December 19, 1991.
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) CESAR GAVIRIA TRUJILLO
The Foreign Minister,
(Fdo.) NOEMI SANIN OF RUBIO¯
ARTICLE 1o. Approve the "Organic Statute of the International Institute for the Unification of Private Law", made in Rome on March 15, 1940.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Organic Statute of the International Institute for the Unification of Private Law", made in Rome on March 15, 1940, which is approved by the first article of this Law, will definitively force the country from the date on which it is perfect the international link.
ARTICLE 3o. This Law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JOSE BLACKBURN C.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CESAR PEREZ GARCIA
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Republic of Colombia-National Government.
Contact, publish, and execute.
Prior to its review by the Constitutional Court in accordance with the provisions of Article 241-10 of the Political Constitution.
Dada en Santafe de Bogota, D.C., at 30 December 1992.
CESAR GAVIRIA TRUJILLO
The Deputy Minister of Foreign Affairs, in charge of the Foreign Minister's functions,
WILMA ZAFRA TURBAY.
The Minister of Justice,
ANDRES GONZALEZ DIAZ.