By Which It Approved The "treaty On International Civil Law And International Commercial Law Treaty" Signed In Montevideo On February 12, 1989

Original Language Title: Por medio de la cual se se aprueba el "Tratado de Derecho Civil Internacional y el Tratado de Derecho Comercial Internacional", firmados en Montevideo el 12 de febrero de 1989

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LAW 33 OF 1992

(December 30)

Official Journal No. 40,705 of 31 December 1992

By means of which the "Treaty of International Civil Law and the Treaty of International Trade Law", signed in Montevideo on February 12, 1989, is approved.

THE CONGRESS OF COLOMBIA,

Seen the texts of the " Treaty of International Civil Law

and the "Treaty of International Trade Law",

signed in Montevideo on February 12, 1889,

which to the letter say:

" INTERNATIONAL CIVIL LAW TREATY

Signed on February 12, 1889.

His Excellency the President of the Republic of Argentina; His Excellency the President of the Republic of Bolivia; His Excellency the President of the Republic of Paraguay; His Excellency the President of the Republic of Peru and His Excellency the President of the Eastern Republic of Uruguay, have agreed to conclude a Treaty on International Civil Law, through their respective Plenipotentiaries, meeting in Congress in the City of Montevideo, on the initiative of the governments of the Argentina and Eastern Republics of Uruguay, being represented:

Your Excellency the President of the Republic of Argentina, for:

Mr. Dr. Don Roque Saenz Peña, Envoy Extraordinary and Minister Plenipotentiary in the Eastern Republic of Uruguay; and by

Mr. Dr. Don Manuel Quintana, Academic of the Faculty of Law and Social Sciences of the University of Buenos Aires.

His Excellency the President of the Republic of Bolivia, by:

Mr. Dr. Don Santiago Vaca-Guzmán, Envoy Extraordinary and Minister Plenipotentiary in the Republic of Argentina.

His Excellency the President of the Republic of Paraguay, for:

Mr. Dr. Don Benjamin Aceval; and by:

Mr. Dr. Don José Z. Caminos.

His Excellency the President of the Republic of Peru, for:

Mr. Dr. Don Cesareo Chacaltana, Envoy Extraordinary and Minister Plenipotentiary in the Argentine and Oriental Republics of Uruguay; and by:

Mr. Dr. Don Manuel Maria Galvez, Prosecutor of the Supreme Court of Justice.

His Excellency the President of the Eastern Republic of Uruguay, for:

Mr. Dr. Don Ildefonso Garcia Lagos, Minister of State at the Department of Foreign Affairs; and by

Mr. Dr. Don Gonzalo Ramírez, Envoy Extraordinary and Minister Plenipotentiary in the Republic of Argentina.

Who, upon display of their Full Powers, who found in due form and after the conferences and discussions of the case, have agreed upon the following stipulations:

TITLE I.

OF PERSONS

ARTICLE 1o. People's ability is governed by the laws of their home address.

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ARTICLE 2o. The change of address does not alter the ability acquired by emancipation, higher age, or judicial enablement.

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ARTICLE 3o. The State in the character of a legal person has the ability to acquire rights and to contract obligations in the territory of another State, in accordance with the laws of the latter State.

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ARTICLE 4. The existence and capacity of private legal persons is governed by the laws of the country in which they have been recognized as such.

The character that they fully enable to exercise outside the place of their institution all the actions and rights that correspond to them.

More, for the exercise of acts understood in the special object of your institution, they shall be subject to the requirements laid down by the State in which they attempt to carry out such acts.

TITLE II.

OF ADDRESS

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ARTICLE 5o. The law of the place in which the person resides determines the conditions required for the residence to be domicile.

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ARTICLE 6o. Parents, guardians and curators have their domicile in the territory of the State through whose laws the functions they perform are governed.

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ARTICLE 7o. The unable to have their legal representatives address.

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ARTICLE 8o. The domicile of the spouses is the one that has constituted the marriage and in the absence of it, it is repudiated by such that of the husband.

The judicially separated woman retains the home of the husband, as long as it does not constitute another.

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ARTICLE 9o. People who have no known address have it at the place of their residence.

TITLE III.

ABSENCE

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ARTICLE 10. The legal effects of the declaration of absence in respect of the goods of the absent are determined by the law of the place in which those goods are situated.

The other legal relations of the absent will continue to be governed by the law that previously ruled them.

TITLE IV.

OF MARRIAGE

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ARTICLE 11. The ability of persons to marry, the form of the act and the existence and validity of it are governed by the law of the place in which it is celebrated.

However, the signatory States are not obliged to recognise the marriage which took place in one of them when they are affected by one of the following impediments:

a) Lack of age of any of the contrayents, requiring as a minimum fourteen years fulfilled in the male and twelve in the woman;

b) Parenting in a straight line by consanguinity or affinity, whether legitimate or illegitimate;

c) Parenting between legitimate or illegitimate siblings;

d) To have killed one of the spouses either as the lead author or as an accomplice, to marry the surviving spouse;

e) The previous marriage not legally dissolved.

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ARTICLE 12. The rights and duties of the spouses in all matters concerning their personal relations are governed by the laws of the matrimonial domicile.

If the spouses move home, those rights and duties will be governed by the laws of the new domicile.

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ARTICLE 13. The law of the marriage domicile governs:

a) Spousal separation;

b) The dissolubility of the marriage, provided that the alleged cause is admitted by the law of the place in which it was held.

TITLE V.

PARENTAL AUTHORITY

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ARTICLE 14. The parental authority, in respect of personal rights and duties, is governed by the law of the place in which it is exercised.

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ARTICLE 15. The rights which the fatherland powers confers on the parents on the property of the children, as well as their disposal and other acts which affect them, are governed by the law of the State in which they are situated.

TITLE VI.

OF FILING

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ARTICLE 16. The law governing the celebration of marriage determines legitimate affiliation and legitimization by subsequent marriage.

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ARTICLE 17. Questions about the legitimacy of the affiliation, which are outside the validity or nullity of the marriage, are governed by the law of the marital domicile at the time of the child's birth.

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ARTICLE 18. The rights and obligations concerning illegitimate affiliation are governed by the law of the State in which they are to be made effective:

TITLE VII.

OF GUARDIANSHIP AND CURATELA

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ARTICLE 19. The discernment of guardianship and curatela is governed by the law of the place of the domicile of the incapable.

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ARTICLE 20. The role of guardian or curator discerned in one of the Signatory States, will be recognized in all others.

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ARTICLE 21. The guardianship and conservatorship, in terms of the rights and obligations they impose, are governed by the law of the place where the charge was discerned.

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ARTICLE 22. The powers of the guardians and curators of the goods which are unable to have them outside the place of their domicile shall be exercised in accordance with the law of the place where the goods are located.

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ARTICLE 23. La legal mortgage which the laws agree to the incapable will only have effect when the law of the State in which the charge of guardian or curator is exercised is consistent with that of the one in which the goods affected by it are situated.

TITLE VIII.

COMMON PROVISIONS TO TITLES IV, V, AND VII

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ARTICLE 24. Las urgent measures concerning the personal relations between spouses, the exercise of the parental authority and the protection and curatela, are governed by the law of the place in which the spouses, parents, guardians and curators reside.

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ARTICLE 25. The remuneration that the laws agree to the parents, guardians and curators and the form of the same, is governed and determined by the law of the State in which such charges were discerned.

TITLE IX.

OF THE BIENTS

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ARTICLE 26. Goods, whatever their nature, are exclusively governed by the law of the place where they exist in terms of their quality, their possession, their absolute or relative alienation and all the relations of right of a real nature that they are susceptible.

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ARTICLE 27. Ships, in non-jurisdictional waters, are reputed to be located at the place of their registration.

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ARTICLE 28. The cargoes of the vessels, in non-jurisdictional waters, are deemed to be located at the place of the final destination of the goods.

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ARTICLE 29. Credit rights are reputed to the place where the obligation of their reference must be met.

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ARTICLE 30. The change in the situation of the movable property does not affect the rights acquired under the law of the place where they existed at the time of their acquisition.

However, stakeholders are required to fill in the fund requirements or in a manner required by the law of the place of the new situation for the acquisition or conservation of the aforementioned rights.

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ARTICLE 31. The rights acquired by third parties on the same goods, in accordance with the law of the place of their new situation, after the change operated and before the related requirements are filled, take precedence over those of the first acquirer.

TITLE X.

OF LEGAL ACTS

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ARTICLE 32. The law of the place where the contracts are to be met decides whether it is necessary for them to be written and the quality of the corresponding document.

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ARTICLE 33. The same law governs:

a) Their existence;

b) Its nature;

c) Its validity;

d) Its effects;

e) Its consequences;

f) Your execution;

g) In sum, everything concerns contracts, whatever it looks like.

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ARTICLE 34. Consequently, contracts on certain and individualized things are governed by the law of the place where they existed at the time of their celebration.

Those who fall upon things determined by their gender, by the place of the debtor's domicile, at the time they were celebrated.

Those concerning fungible things, by the place of the debtor's domicile at the time of its celebration.

Those that are about service delivery:

a) If they fall on things, the place where they existed at the time of their celebration;

b) If their effectiveness is related to some special place, by the place where they have to produce their effects;

c) Out of these cases by the place of the debtor's domicile at the time of the contract celebration.

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ARTICLE 35. The contract of permuse on things located in different places, subject to disagreeable laws, is governed by that of the domicile of the contrayents if it were common to the time of the permuse and the place in which the permuse was celebrated if the address was different.

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ARTICLE 36. The ancillary contracts are governed by the law of the primary obligation of their reference.

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ARTICLE 37. The perfection of contracts concluded by correspondence or president is governed by the law of the place from which the offer departed.

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ARTICLE 38. The obligations that are born without a convention are governed by the law of the place where the lawful or illegal fact occurred that they come from.

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ARTICLE 39. The forms of public instruments are governed by the law of the place in which they are granted.

Private instruments by law of the place of the respective contract.

TITLE XI.

MARRIAGE CAPITALS

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