LAW 32 OF 1992
Official Gazette No. 40,705., December 31, 1992
Through which the "Organic Statute of the International Institute
approved for the Unification of Private law ", made in Rome on 15 March 1940. Summary
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:
"STATUTE ORGANIC lAW pRIVATE INTERNATIONAL INSTITUTE oF ARTICLE 1o
the International Institute for the Unification of private law is to study ways of harmonizing and coordinating the private law between states or between states and groups . gradually prepare for the adoption by the various States of uniform private law legislation
to this end, the Institute:
a) prepare drafts of laws and conventions with a view to establishing uniform internal law; || | b) prepare drafts of agreements to facilitate international relations in private law;
c) undertake studies in comparative law in private law;
d) is interested in the initiatives already undertaken by other institutions in all those fields which can, if necessary, to keep in touch.
E) organizes conferences and publishes studies judged worthy of wide circulation.
1. The International Institute for the Unification of Private Law is an international institution that depends on the participating governments.
2. Participants are governments that adhere to this Statute under Article 20.
3. The Institute enjoys in the territory of each participating Government, the necessary legal capacity to exercise their business and achieve their goals.
4. The privileges and immunities enjoyed by the Institute, its agents and officials shall be defined in agreements to be concluded with the participating Governments.
The International Institute for the Unification of Private Law is based in Rome.
The organs of the Institute are:
1. The General Assembly;
3. The Board of Directors;
4. The Standing Committee;
5. The Administrative Tribunal;
6. The Secretary.
The 5th ITEM.
1. The General Assembly shall consist of one representative from each participating government. Governments, other than the Italian Government, will be represented by their diplomatic agents to the Italian Government or their delegates.
2. The Assembly will meet in Rome in regular session at least once a year, convened by the President, for the approval of the annual accounts of income and expenditure, and budget.
3. Every three years, the Assembly must approve the work program of the Institute, proposed by the Board and, pursuant to paragraph 4 of Article 16, revise by a majority of two-thirds of the voting members present, if such is the case, resolutions adopted under paragraph 3 of Article 16.
1. The Board is the President and sixteen to twenty-one members compound.
2. The Chairman 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 indicated in the first paragraph, selecting him among sitting judges of the International Court of Justice.
4. The mandate of the President and members of the Board will last for five years and is renewable.
5. The Board member appointed to replace a member whose term of office has not expired conclude the period of office of his predecessor.
6. With the consent of the President, every member may be represented by a person of their choice.
7. The Board may call to participate in its meetings in an advisory capacity, representatives of international institutions or organizations where the work of the Institute addressed matters pertaining to such institutions or organizations.
8. The Board shall be convened by the Chairman whenever deemed necessary and in any case at least once every year.
1. The Standing Committee shall consist of the President and five members appointed by the Board from among its members.
2. The Standing Committee members remain in office for five years and may be reappointed.
3. The Standing Committee shall be convened by the President whenever he deems it necessary and in any case at least once every year.
1. The Administrative Tribunal has jurisdiction to rule on disputes between the Institute and its officers or employees, or their successors, especially regarding the interpretation or application of the Staff Rules. The disputes arising from contractual relations between the Institute and third parties shall be submitted to the Tribunal, provided that such jurisdiction is expressly recognized by the parties to the contract giving rise to the dispute.
2. The Tribunal shall consist of three members and one alternate member, chosen from outside the Institute and belonging preferably to different nationalities. They shall be elected by the General Assembly for five-years. In case of vacancy, the Tribunal will be completed by co-option.
3. The Court judge, in first and last instance, applying the provisions of the Statute and Regulations and the general principles of law. Also you may fail ex aequo et bono when such power has been attributed by agreement between the parties.
4. If the President believes that a dispute between the Institute and one of its officers or employees have very limited importance, you may fail himself or entrust the decision to only one of the judges of the Court.
5. The Tribunal will establish itself its rules of procedures.
The members of the Board of the Administrative Tribunal, whose mandate completed by expiration of the term, remain in office until the installation of the newly elected.
1. The Secretariat comprises a Secretary General appointed by the Board upon presentation of the President; two Deputy General Secretaries from different nationalities also appointed by the Board, and officials and employees shall be governed by the rules relating to the administration of the Institute and its internal operations referred to in Article 17.
2. The Secretary General and the Deputy shall be appointed for a period which will last no longer than five years. They may be reappointed.
3. The Secretary General of the Institute is right Secretary of the General Assembly.
The Institute has a library placed under the direction of the Secretary General.
ARTICLE 10. The official languages of the Institute are Italian, German, English, Spanish and French.
1. The Board attends the means to perform the tasks set out in article 1.
2. It establishes the matters that must form the subject of the work program of the Institute.
3. It approves the annual report on the activities of the Institute.
4. It approves the draft budget and transmit it to the General Assembly for approval.
1. Any participating Government, as any international institution in an official capacity, be formulated, addressing the Board, proposals for the consideration of matters related to the unification, harmonization or coordination of private law.
2. Any institution or international association, whose purpose is the study of legal issues, the Board may submit suggestions concerning studies to be undertaken.
3. The Board decides on the action to be taken to the proposals and suggestions made.
ARTICLE 12 BIS.
The Board of Directors may establish with other intergovernmental organizations and with non-participating governments, any suitable relationship to ensure collaboration within their respective purposes.
1. The Board may defer the consideration of special issues of legal advisers commissions particularly versed in the study of such issues.
2. The committees will be chaired where possible by members of the Board.
1. After studying the issues have been considered, the subject of its work, the Board adopted shall, if appropriate, submit the draft to the governments.
2. The Board transmits, either participating governments, whether institutions or associations that submitted proposals or suggestions, asking their views on the appropriateness and substance of the provisions.
3. Based on the responses received, the Board adopted shall, if appropriate, the final drafts.
4. The Board transmits to the governments and institutions or associations will submit proposals or suggestions.
5. The Board serves at once to the means to ensure the convening of a Diplomatic Conference to consider the projects.
1. The President represents the Institute.
2. The executive power shall be exercised by the Board.
1. The annual expenditure for the operation and maintenance of the Institute shall be covered with income settled in the Institute's budget, which especially comprise the basic ordinary contribution of the Italian Government promoter, as was approved by the Italian Parliament, which he declares having set from 1985 in the sum of 300 million lire per year, an amount that may be reviewed at the expiration of each three-year period by the law approving the budget of the Italian State, and regular annual contributions of the other participating Governments.
2. In order to distribute the quota corresponding annual expenses not covered by the ordinary contribution of the Italian Government or by income from other sources among the other participating Governments, they will be divided into categories. Each category will correspond a certain number of units.
3. The number of categories, the number of each category units, the amount of each unit, and the classification of each Government in a category, shall be determined by a resolution of the General Assembly adopted by a majority of two thirds of the members present and voting which will be proposed by a commission appointed by the Assembly. In this classification, the Assembly shall take into account, among other considerations, the national income of the country concerned.
4. Decisions taken by the General Assembly under paragraph 3o. of this Article may be reformed every three years by a new resolution of the General Assembly, adopted by the same majority of two-thirds of the members present and voting, on the occasion of its decision referred to in paragraph 3o. the 5th article.
5. The resolutions of the General Assembly adopted under the 3rd paragraphs. and 4o. of this Article shall be notified by the Italian Government to each participating government.
6. Within the term of one year from the notification referred to in paragraph 5O. of this article, each participating Government shall have power to enforce their claims against resolutions concerning its classification, at the next session of the General Assembly. This shall act by a resolution adopted by a majority of two thirds of the members present and voting, which shall be notified by the Italian Government to Government participant concerned. This same government, however, have the power to terminate his membership to the Institute, in the manner prescribed in paragraph 3o. Article 19
7. Participating Governments overdue for more than two years in the payment of their contributions, they lose the right to vote in the General Assembly until they regularize their position. In addition, it is not considered those governments in the formation of the majority required under Article 19 of this Statute.
8. Premises necessary for the operation of the services of the Institute offers the Italian Government.
9. a Revolving Fund of the Institute, whose purpose is to solve the current expenditure, pending the collection of contributions payable by the participating Governments and incidentals is created.
10. The rules relating to the Revolving Fund form part of the Regulations of the Institute. They will be adopted and amended by the General Assembly by a two-thirds majority of the members present and voting.
1. The rules relating to the administration of the Institute, its internal operations and staff regulations shall be established by the Board and must be approved by the General Assembly and communicated to the Italian Government.
2. Compensation for travel and stay of Board members and study commissions and emoluments of staff of the Secretariat, like all other administrative expenses will be in charge of the Institute's budget.
3. The General Assembly shall appoint, upon presentation of the President, one or two auditors responsible for the financial control of the Institute. The duration in office shall be five years. If two auditors be appointed, they must belong to different nationalities.
4. The Italian Government shall not incur any liability, financial or other, during the administration of the Institute, nor any civil liability from the operation of its services and especially for staff of the Institute.
1. The commitment of the Italian government concerning the annual subsidy and premises for the Institute stated in Article 16 provides for a period of six years. This commitment will continue in force for a further period of six years if the Italian Government has not notified the other participating Governments of its intention to make its effects expire, at least two years before the end of the current period. In such an eventuality, the General Assembly will be convened by the President, if necessary in extraordinary session.
2. It will be up to the General Assembly if it decides the suppression of the Institute, adopt, subject to the provisions of the Statute and Regulations relating to Revolving Fund, all concerning properties acquired by the Institute in the course useful measure operation and particularly the archives and collections of documents and books or periodicals.
3. It is understood, anyway, that in such an eventuality the land, buildings and personal property made available to the Institute by the Italian Government will be returned to it.
1. Amendments to this statute that they be adopted by the General Assembly come into force since its approval by two-thirds majority of the participating Governments.
2. Each Government shall communicate its approval to the Italian Government, which will inform the other participating Governments and the President of the Institute.
3. Any Government had not approved an amendment to this Statute shall be entitled to terminate his membership within six months from the entry into force of the amendment. Such denunciation shall take effect from the date of notification to the Italian Government, which will inform the other participating Governments and the President of the Institute.
1. Any Government which intends to accede to this Statute shall notify in writing its commitment to the Italian Government.
2. Accession will for six years and will be tacitly renewed every six years, unless the complaint communicated in writing one year before the expiration of each period.
3. Accessions and denunciations shall be notified to the participating Governments by the Italian Government.
Article 21. This Statute shall enter into force when at least six Governments have notified their adherence to the Italian Government.
Article 22. This Statute, which will be dated March 15, 1940, shall be deposited in the archives of the Italian Government. Text certified copy will be transmitted through the Italian Government, each participating government.
Interpretation of Article 7a of the Organic Statute approved at the 11th. session of the General Assembly. (30 April 1953). The General Assembly
Vista Resolution introduced amendments to the Constitution of the Institute, adopted by the Assembly on 18 January 1952;
Whereas under the second sentence of the first paragraph of Article 7a of the Statute concerning the competence of the Administrative Tribunal "the disputes arising from contractual relations between the Institute and third parties shall be submitted to the Tribunal, provided that such competition is expressly recognized by the parties to the contract giving rise to the dispute. "
Considering the desirability of pointing out the extent of competition that can be attributed to the Administrative Court under that provision,
1. That "the disputes arising from contractual relations between the Institute and third parties" that may be submitted to the Administrative Tribunal of the Institute under the conditions laid down in Article 7a of the Organic Statute contemplates exclusively the controversies inherent in the obligations arising from contracts stipulated between the Institute and third parties.
2. The jurisdiction of the Administrative Tribunal with respect to disputes arising from contractual relations between the Institute and third parties can not be considered "expressly recognized" but if this recognition is made in writing.
----------- Executive Branch of Public Power.
Presidency of the Republic.
Bogota, DC, December 19, 1991. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
(. Signed) César Gaviria Trujillo
The Minister of Foreign Affairs,
(. OTF) Noemi Sanin de Rubio
ARTICLE 1o. Approval of the "Organic Statute of the International Institute for the Unification of Private Law", made in Rome on 15 March 1940.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Organic Statute of the International Institute for the Unification of Private Law", made in Rome on March 15, 1940, that the first article of this law is approved, definitely force the country from the date international link is perfect.
ARTICLE 3. This Law governs from the date of publication.
The President of the honorable Senate, JOSEPH BLACKBURN C.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives, CAESAR
GARCIA PEREZ Secretary General of the honorable House of Representatives, DIEGO VIVAS
Republic of Colombia - National Government.
Communicate, publish and execute.
After review by the Constitutional Court in accordance with Article 241-10 of the Constitution.
Given in Bogota, DC, 30 December 1992.
César Gaviria Trujillo Vice Minister of Foreign Affairs, in charge of delDespacho functions of the Minister of Foreign Affairs, WILMA
The Minister of Justice,
Andrés González Díaz.