LAW 33 OF 1992
Official Gazette No. 40705 of December 31, 1992
Through which approved the "Treaty on International Civil Law and International Commercial Law Treaty "signed in Montevideo on February 12, 1989. Summary
THE CONGRESS OF COLOMBIA,
having regard to the texts of the "Treaty on International Civil Law
and the" Treaty on International Trade Law "
signed in Montevideo on February 12, 1889,
which literally say:
"CIVIL LAW INTERNATIONAL TREATY
signed on 12 February 1889.
His Excellency the President 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 Oriental Republic of Uruguay, have agreed to conclude a Treaty on International Civil Law, through their respective plenipotentiaries in Congress assembled in the City of Montevideo, on the initiative of the governments of Argentina and Uruguay Oriental Republics being represented:
His Excellency the President of Argentina, by:
Dr. Don Roque Saenz Pena, Envoy Extraordinary and Minister Plenipotentiary to the Oriental Republic of Uruguay;
and Dr. Don Manuel Quintana, professor at 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-Guzman, Envoy Extraordinary and Minister Plenipotentiary in Argentina.
His Excellency the President of the Republic of Paraguay, by:
Mr. Dr. Don Benjamin Aceval; and:
Dr. Don Jose Z. Caminos.
His Excellency the President of the Republic of Peru, by:
Mr. Dr. Don Cesareo Chacaltana, Envoy Extraordinary and Minister Plenipotentiary in Argentina and Uruguay Oriental Republics; and:
Dr. Don Manuel Maria Gàlvez, Prosecutor of the Supreme Court of Justice.
His Excellency the President of the Oriental Republic of Uruguay, by:
Mr. Dr. Don Ildefonso Garcia Lagos, Minister Secretary of State at the Department of Foreign Affairs;
and Mr. Dr. Don Gonzalo Ramirez, Minister Plenipotentiary in Argentina.
Who, after display their full powers, found in due form and after the lectures and discussions of the case have agreed to the following provisions:
OF PERSONS ARTICLE 1o. The ability of people is governed by the laws of their home.
. The change of domicile does not alter the ability acquired by emancipation, older or judicial authorization.
ARTICLE 3. The State as a legal entity has the capacity to acquire rights and obligations in the territory of another State, in accordance with the laws of the latter.
ARTICLE 4. The existence and capacity of legal persons of private nature are governed by the laws of the country in which they have been recognized as such.
The character lining the fully enabled to exercise outside the place of your institution all actions and rights that correspond to them.
But for the exercise of acts included in the special object of their institution, shall be subject to the requirements established by the State in which attempt to perform such acts.
TITLE II. THE ADDRESS
The 5th ITEM. The law of the place in which the person resides determines the conditions required to constitute residence address.
ARTICLE 6o. Parents, guardians and are domiciled in the territory of the State whose laws the roles are governed.
ARTICLE 7. Incapable they have the address of their legal representatives.
Article 8. The domicile of the spouses is the one who has made marriage and in his absence, such is deemed by the husband.
The judicially separated woman retains her husband's domicile, while not constitute another.
Article 9. People who had no known address have it in the place of residence.
ARTICLE 10. The legal effects of the declaration of absence regarding the absentee property are determined by the law of the place where these assets are located.
Other legal relations will continue to be governed by absent the law that previously ruled.
ARTICLE 11. The ability of people to marry, the form of the act and the existence and validity, are governed by the law of the place in which it is held.
However, the signatory States are not obliged to recognize a marriage that has been concluded in one of them if it falls affected in any of the following impediments:
a) Lack of age of either party, requiring as minimum fourteen years met in men and twelve women; Effective Jurisprudence
B) Kinship in a straight line by consanguinity or affinity, whether legitimate or illegitimate;
C) Relationship between legitimate or illegitimate brothers;
D) have killed one spouse either as principal or as an accomplice, to marry the surviving spouse;
E) The undissolved previous marriage legally.
ARTICLE 12. The rights and duties of the spouses in all that affects their personal relations are governed by the laws of the matrimonial home.
If mudaren spouses of address, such rights and duties shall be governed by the laws of the new home.
ARTICLE 13. The law of the matrimonial domicile applies:
a) Conjugal separation;
B) The indissolubility of marriage, provided that the alleged cause to be admitted by the law of the place of celebration where. TITLE V.
OF CUSTODY ARTICLE 14.
parental rights regarding personal rights and duties, is governed by the law of the place where you exercise.
ARTICLE 15. The rights conferred parental authority to parents on the property of the children and their alienation and other actions affecting are governed by the law of the State in which the goods are situated.
ARTICLE 16. The law governing the marriage determines the legitimate filiation and legitimation by subsequent marriage.
ARTICLE 17. Questions of legitimacy of filiation, outside the validity or nullity of marriage are governed by the law of the matrimonial domicile at the time of birth of the child.
ARTICLE 18. The rights and obligations concerning the illegitimacy are governed by the law of the State in which they are to be effective:
OF CUSTODY AND CONSERVATORSHIP
ARTICLE 19. The judgment of the guardianship and custody is governed by the law of the place of domicile of the disabled.
ARTICLE 20. The office of guardian or conservator discerned in any of the signatory states will be recognized in all others.
ARTICLE 21. The guardianship and custody, as to the rights and obligations are governed by the law of the place in which it was discerned office.
ARTICLE 22. The powers of guardians and conservators of the goods incapable tuvieren outside the place of residence, shall be exercised in accordance with the law of the place where these assets are located.
ARTICLE 23. The legal mortgage laws agree unable to take effect only when the law of the State in which the office of guardian or conservator is exercised consistent with that in which the goods affected by it are located .
COMMON PROVISIONS TITLES IV, VII VY
ARTICLE 24. Urgent measures concerning personal relations between spouses, the exercise of parental authority and guardianship and conservatorship, are governed by the law of the place of residence spouses, parents, guardians and .
ARTICLE 25. The compensation laws agree to parents, guardians and conservators and how it is governed and determined by the law of the State in which such charges were discerned.
ARTICLE 26. The goods, whatever their nature, are exclusively governed by the law of the place where they exist in their quality, their possession, in absolute or relative alienability and all legal relationships of real character that they are susceptible.
ARTICLE 27. Vessels, of territorial waters, are deemed at the place of their registration.
ARTICLE 28. Shipments of ships of territorial waters, are deemed at the place of final destination of the goods.
creditors' rights are deemed at the place where the reference obligation must be fulfilled.
ARTICLE 30. The change in status of movables not affect the rights acquired under the law of the place where they existed at the time of acquisition.
However, applicants are required to meet the requirements of substance or form required by the law of the place of the new situation for the acquisition or retention of such rights.
ARTICLE 31. The rights acquired by third parties on the same property, in accordance with the law of the place of his new situation change after surgery and before filling the requirements referred, take precedence over those of the first purchaser. TITLE X.
ARTICLE 32. The law of the place where contracts must be fulfilled decides whether it needs to be made in writing and the quality of the relevant document.
ARTICLE 33. The same law applies:
a) Its existence;
B) Their nature;
C) Its validity;
D) Its effects;
E) Its consequences;
G) In short, everything pertaining to contracts under any aspect whatsoever.
ARTICLE 34. Accordingly, contracts on certain things and individualized governed by the law of the place where they existed at the time of its conclusion.
The things that fall on their gender determined by the place of the debtor's domicile, while they were held.
The references to fungible things, the place of the debtor at the time of celebration home.
Those who relate to service delivery:
a) If fall on things, the place where they existed at the time of its conclusion;
B) If its effectiveness is related to a special place for that in which they have to produce their effects;
C) Apart from these cases by the location of the debtor at the time of conclusion of the contract address.
ARTICLE 35. The swap agreement about things in different locations, subject to non-conforming laws, is governed by the domicile of the parties if common while held by the swap and the place where the exchange is It held if the address was different.
accessory contracts are governed by the law of the principal obligation of reference.
ARTICLE 37. The perfection of contracts by correspondence or proxy is governed by the law of the place which left the offer.
ARTICLE 38. The obligations arising without an agreement governed by the law of the place where there was the lawful act or illegal proceeding.
ARTICLE 39. The forms of public instruments are governed by the law of the place where they are granted.
Private instruments by law the place of performance of the respective contract.
OF MARRIAGE CAPITULACIONES Next