LAW 449 1998
Official Gazette No. 43,360, of 11 August 1998
Through which the "Inter-American Convention on Support Obligations" made in Montevideo approved, the fifteen (15) July in 1989 (1989). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Inter-American Convention on Support Obligations" made in Montevideo, the fifteenth (15th) of July, one thousand nine hundred and eighty-nine (1989), which reads:
(to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs attached).
"INTER-AMERICAN CONVENTION ON SUPPORT OBLIGATIONS
INTER-AMERICAN CONVENTION ON SUPPORT OBLIGATIONS SCOPE
ARTICLE 1o. This Convention is aimed at determining the law applicable to maintenance obligations, as well as competition and international judicial cooperation, where the maintenance creditor is domiciled or habitually resident in a State Party and the maintenance debtor is domiciled or habitual residence, property or income in another State Party.
This Convention shall apply to food obligations to children by their status as such and arising from marital relations between spouses or who have been such.
States may declare when signing, ratifying or acceding to this Convention which restrict maintenance obligations with respect to minors.
. For the purposes of this Convention shall be deemed minor who has not attained the age of eighteen. Notwithstanding the foregoing, the benefits of this Convention shall extend to who, having reached that age, remain creditor of food benefits in accordance with applicable law under Articles 6. and 7th.
ARTICLE 3. States at the time of signing, ratifying or acceding to this Convention and after the duration thereof, may declare that this Convention shall apply to maintenance obligations in favor of other creditors; likewise, they may declare the degree of kinship or other legal ties to determine the quality of creditor and debtor food in their legislation.
ARTICLE 4. Everyone has the right to receive food, regardless of nationality, race, sex, religion, affiliation, origin or immigration status, or any other form of discrimination.
The 5th ITEM. Decisions taken under this Convention shall not prejudge about relationships and family affiliation between the creditor and the debtor food. However, they may serve as a piece of evidence as appropriate.
ARTICLE 6o. APPLICABLE LAW. Maintenance obligations and the status of creditor and debtor, shall be governed by whichever of the following legal orders, in the opinion of the competent authority finds the most favorable to the creditor:
a) The legal system State of domicile or habitual residence of the creditor;
B) The law of the State of domicile or habitual residence of the debtor.
ARTICLE 7. They will be governed by the applicable law in accordance with Article 6. the following matters:
a) The amount of food credit and the terms and conditions for payment;
B) The determination of who may exercise food action in favor of the creditor, and
c) Other conditions for the exercise of the right to food.
Article 8. JURISDICTION IN THE INTERNATIONAL SPHERE. They will be competent in the international sphere to claims of food, at the option of the creditor:
a) The judge or authority of the State of domicile or habitual residence of the creditor;
B) The judge or authority of the State of domicile or habitual residence of the debtor, or
c) The judge or state authority with which the debtor has personal links such as possessing property, receiving income or obtaining financial benefits.
Without prejudice to the provisions of this article shall be considered equally competent judicial or administrative authorities of other States provided that the defendant in the trial, had appeared without challenging its jurisdiction.
Article 9. They are competent to hear the actions of increase of food, any of the authorities specified in Article 8. They are competent to hear actions cease and reduction of food, the authorities which they may have known of fixing them.
ARTICLE 10. Food should be proportional to both the need for food, and the economic capacity of the obligor.
If the judge or authority responsible for the insurance or the execution of the judgment adopts provisional measures, or provides for execution by less than the amount requested, will be safeguarding the rights of the creditor.
ARTICLE 11. INTERNATIONAL COOPERATION PROCEDURE. Foreign judgments on maintenance obligations have extraterritorial validity in the States Parties if they meet the following conditions:
a) That the judge or authority that issued the judgment had jurisdiction in international arena in accordance with Articles 8. and 9th. of this Convention to hear and judge the matter;
B) The award and the accompanying documents that are required under this Convention are duly translated into the official language of the State where they take effect;
C) The award and accompanying documents submitted duly authenticated in accordance with the law of the State where they are to take effect, as necessary;
D) The award and accompanying documents fulfill all the formal requirements necessary to be deemed authentic in the State of origin;
E) That the defendant has been summoned or subpoenaed in due legal form substantially equivalent to that accepted by the law of the State where the judgment is to take effect;
F) has ensured the defense of the parties;
G) having the character of sign in the state in which they were issued. If that may exist appeal of the judgment it will have no suspensive effect.
ARTICLE 12. The documents of proof required to request enforcement of judgments are:
a) A certified copy of the judgment;
B) A certified copy of the documents proving that it has complied with subsections e) parts f) of Article 11 and
c) A certified copy of the judgment declaring that has the character of firm or which it has been appealed.
ARTICLE 13. The control of the above requirements directly correspond to the judge who must hear the execution, acting in summary form, after hearing the party obliged by staff and the Prosecutor's Office summons, without entering the review of the merits of the case. If the judgment is appealable, the appeal shall not suspend the provisional measures and the recovery and enforcement which are in force.
ARTICLE 14. No type of bond will be required for the maintenance creditor by the fact possess foreign nationality, or have their domicile or habitual residence in another State.
The benefit of poverty declared in favor of the creditor in the State Party where he brought his action, will be recognized in the State party where cash is come to recognition or execution. States Parties undertake to provide free legal assistance to persons enjoying the benefit of poverty.
ARTICLE 15. The judicial authorities of the States Parties to this Convention shall order shall, upon request of a party or founded through the appropriate diplomatic or consular agent, provisional or emergency measures that are territorial in nature and intended to ensure the result of a complaint pending maintenance or instituted.
This is whatever the internationally competent jurisdiction, it being sufficient that good or income subject to the measure are within the territory where it is promoted apply.
ARTICLE 16. The granting of provisional or protective measures does not imply recognition of competition in the international sphere of the requesting court, or a commitment to recognize the validity or proceed with the execution of the judgment is rendered.
ARTICLE 17. The interlocutory decisions and the provisional measures ordered in food, including those issued by judges who know the processes of annulment, divorce and separation, or other similar nature to them, will be executed by the competent authority even if such resolutions or interim measures were subject to appeals in the state where they were issued.
ARTICLE 18. The State may declare when signing, ratifying or acceding to this Convention, which will be its procedural law to regulate the jurisdiction of courts and the procedure for recognition of the foreign judgment.
ARTICLE 19. GENERAL PROVISIONS. States Parties shall endeavor to provide interim food assistance to the extent of its ability to lower other State who are abandoned in their territory.
Article 20. States Parties undertake to facilitate the transfer of funds required for implementation of this Convention.
ARTICLE 21. The provisions of this Convention shall not be interpreted to restrict the rights of the maintenance creditor has under the law of the forum.
may refuse enforcement of foreign judgments or application of foreign law under this Convention when the State party compliance or application, as the case, considers it manifestly contrary to the fundamental principles of its order public.
ARTICLE 23. FINAL PROVISIONS. This Convention is open for signature by member states of the Organization of American States.
ARTICLE 24. This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
ARTICLE 25. This Convention shall remain open to accession by any other State. The 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 when signing, ratifying or acceding to it, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of this fundamental Convention.
ARTICLE 27. States Parties with two or more territorial units in which different systems of law governing matters dealt with in this Convention, may, at the time of signature, ratification or accession to the Convention will apply to all its territorial units or only to one or more of them.
Such declarations may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which this Convention shall apply. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall become effective thirty days after received.
ARTICLE 28. With respect to a State which has in matters of child support obligations, two or more systems of law applicable in different territorial units:
a) Any reference to domicile or habitual residence in that State includes the habitual residence in a territorial unit of that State;
B) Any reference to the law of the State of domicile or habitual residence refers to the law of the territorial unit in which the child's habitual residence.
ARTICLE 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 Support Obligations related statements and Juvenile Applicable Law to Support Obligations, this Convention shall prevail.
However, States Parties may agree among themselves bilaterally priority implementation of the said Hague Conventions of 2 October 1973.
ARTICLE 30. This Convention shall not limit the provisions of conventions regarding this matter have been signed or may be signed in the future bilaterally or multilaterally by the States Parties, or more favorable practices which those states THEY MAY observe in this area.
ARTICLE 31. This Convention shall enter into force on the thirtieth day after the date on which the deposit of the second instrument of ratification.
For each State ratifying or acceding to it after the deposit of the second instrument of ratification of the Convention, the Convention shall enter into force on the thirtieth day after the date of the deposit of its instrument of ratification or accession.
ARTICLE 32. This Convention shall 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, counted from the date of deposit of the instrument of denunciation, the Convention shall cease to have effect for the denouncing State, but shall remain in force for the other States Parties.
Article 33. The original instrument of this Convention, the texts in Spanish, French, English and Portuguese languages are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of your text 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 of the signatures, deposits of instruments of ratification, accession and denunciation, and any reservations that any. Also transmit the declarations provided for in this Convention.
In witness whereof, the undersigned plenipotentiaries, duly authorized by their respective governments, have signed this Convention.
Made in the city of Montevideo, Oriental Republic of Uruguay, on 15 July 1989. '
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs DECLARES
That this reproduction is faithful copy taken from the certificate text of the "Inter-American Convention on Support Obligations", signed in Montevideo, Uruguay, the fifteen (15) July in 1989 (1989) at the Fourth American Specialized Conference on International law Private.
Given in Santa Fe de Bogota, DC, ten (10) days of the month of September in 1997 (1997).
VARELA HECTOR ADOLFO Sintura.
Chief Legal Office, RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, September 18, 1997. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
Ernesto Samper Pizano (Sgd.) VÉLEZ Maria Emma Mejia.
The Minister of Foreign Affairs, DECREES
ARTICLE 1o. Approval of the "Inter-American Convention on Support Obligations" made in Montevideo, the fifteen (15) July in 1989 (1989). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Inter-American Convention on Support Obligations" made in the city of Montevideo, the fifteenth (15th) of July in 1989 (1989), which article 1. this law passed, will force the country from the date the international link regarding the same is perfected.
ARTICLE 3. This law applies from the date of publication. MEDINA ACOSTA Amylkar
The President of the honorable Senate,
PUMAREJO PEDRO VEGA.
The Secretary General of the honorable Senate,
CARLOS ARDILA BALLESTEROS.
The President of the honorable House of Representatives, DIEGO VIVAS
The Secretary General of the honorable House of Representatives,
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communicated and published. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on August 4, 1998.
Ernesto Samper Pizano Camilo Reyes Rodriguez.
The Minister of Foreign Affairs, Almabeatriz
The Minister of Justice and Law,