Rs 0.202 Organic Status Of The International Institute For The Unification Of Private Law, 15 March 1940

Original Language Title: RS 0.202 Statut organique de l’Institut international pour l’Unification du droit privé, du 15 mars 1940

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.202 text original OS of the international Institute for the unification of private law, 15 March 1940 concluded in Rome on March 15, 1940, approved by the Federal Assembly on 21 February 1964 Instrument of accession deposited by the Switzerland on April 20, 1940, and entered into force for the Switzerland April 21, 1940 (as at 23 June 2011) art. 1. the international Institute for the Unification of private law is intended to explore ways to harmonize and co-ordinate the private law between States or groups of States and gradually prepare the adoption by States of a uniform private law legislation.
To this end the Institute: a. prepares draft laws or conventions to establish a uniform internal law; b. prepares projects of agreements to facilitate international relations in private law; c. undertakes studies of law compared in the subjects of private law; d. Is interested in all these areas have already taken by other institutions, with which it can, if necessary, to maintain contact; e. organizing conferences and published studies it considers worthy of wide dissemination.

Art. 2. the international Institute for the Unification of private law is an international institution which is part of the participating Governments.
Participating Governments are those which acceded to the Statute in accordance with article 20.
The Institute enjoys on the territory of each of the participating Governments, the legal capacity necessary to perform its activity and to achieve its goals.
The privileges and immunities shall enjoy the Institute, its agents and employees will be defined in agreements with participating Governments.

Art. 3. the international Institute for the Unification of private law has its headquarters in Rome.

Art. 4. the bodies of the Institute are: (1) the General Assembly; (2) the President, (3) the Board of Directors; (4) the Permanent Committee; (5) the Tribunal administrative; 6 ° the Secretariat.

Art. 5. the General Assembly is composed of a representative of each participating Government. Governments other than the Italian Government will be represented by their diplomatic agents to the Italian Government or their delegates.
The Assembly meets in Rome in ordinary session at least once a year, convened by the Chairman, for the approval of the annual accounts of receipts and expenditures and the budget.
Every three years, it approved the programme of work of the Institute, on the proposal of the Board of Directors, and, in accordance with paragraph 4 of article 16, reviews, by a majority of two thirds of the members present and voting, as appropriate, the resolutions adopted under paragraph 3 of article 16.

New content adopted by the General Assembly of the Institute on June 16, 1965, approved by SSA. fed. on 17 June 1968 and in force for Switzerland since July 15, 1968 (RO 1969 454 453; FF 1967 II 1299).
New content adopted by the General Assembly of the Institute on Feb. 18. 1969, in force for all States parties since Sept. 29. 1976 (RO 1977 286 hp. I).

Art. 6. the Executive consists of the President and twenty-five members.
The President is appointed by the Italian Government.
Members are appointed by the General Assembly. The Assembly may appoint a member in addition to those indicated in the first paragraph by choosing from among the judges on the International Court of Justice.
The mandate of the President and the members of the Board of Directors has the duration of five years and is renewable.
The Member of the Board of directors appointed to replace a member whose term has not expired completes the term of office of his predecessor.
Each Member, with the consent of the President, may be represented by a person of his choice.
The Executive Board may invite to participate in its meetings in an advisory capacity, of the representatives of institutions or international organizations, when the Institute is working on topics concerning such institutions or organizations.
The Board is convened by the Chairman whenever he sees fit, in any case at least once a year.

New content adopted by the General Assembly of the Institute on Dec 12. 1989 and in force for Switzerland since March 26, 1993 (RO 2007 3471).

Art. 7. the Standing Committee consists of the President and five members appointed by the Board from among its members.
The Standing Committee members will remain in office for five years and will be eligible for re-election.
The Standing Committee is convened by the Chairman whenever he sees fit, in any case at least once a year.

Art. 7. the Tribunal is competent to rule on disputes between the Institute and its officials or employees, or their successors, including on the interpretation or the application of the staff rules. Disputes resulting from the contractual relationship between the Institute and third parties will be submitted to this Court on condition that this jurisdiction is expressly recognised by the parties in the contract giving rise to the dispute.
The Tribunal is composed of three members and one alternate member, chosen from outside the Institute, and, preferably, from different nationalities. They are elected by the General Assembly for the duration of five years. In the event the Tribunal complete by co-option.
The Court will judge, in first and last resort, by applying the provisions of the status and regulation, as well as the General principles of law. It may also decide ex aequo and bono when this faculty will have been attributed to him by an agreement between the parties.
If the President of the Court considers that a dispute between the Institute and one of its officers or employees is of very limited importance, it can decide himself or well to entrust the decision to one of the judges of the Tribunal.
The Tribunal will itself establish its rules of procedure.

Not published in the RO.

Art. 7. the members of the Board of Directors, or of the Administrative Tribunal, whose mandate expires by the end of the term, remain in office until the installation of the newly elected.

Art. 8. the Secretariat is staffed by a Secretary general appointed by the Management Board on presentation of the President, two under-secretaries-general belonging to different nationalities, appointed by the Governing Council, and officials and employees which will be indicated by the rules relating to the administration of the Institute and its inner workings, referred to in article 17.
The Secretary general and the deputies are appointed for a period that will not have lasting more than five years. They are eligible for re-election.
The Secretary general of the Institute is to right the Secretary of the General Assembly.

Art. 9. the Institute has a library under the direction of the Secretary-General.

Art. 10. the official languages of the Institute are Italian, German, English, Spanish and the french.

Art. 11. the Management Board shall notify the means of carrying out the tasks set out in article 1.
He stops the work programme of the Institute.
It approves the annual report on the activity of the Institute.
He stops the draft budget and forward it for approval to the General Assembly.

New content adopted by the General Assembly of the Institute on Feb. 18. 1969, in force for all States parties since Sept. 29. 1976 (RO 1977 286 hp. I).
New content adopted by the General Assembly of the Institute on Feb. 18. 1969, in force for all States parties since Sept. 29. 1976 (RO 1977 286 hp. I).

Art. 12. all participating Government, as well as any international institution of official character, can formulate, through the Governing Council, proposals for the study of issues of unification, harmonization or coordination of private law.
Any institution or international association, which has for object the study of legal issues may present to the Board of Directors of the suggestions concerning studies to be undertaken.
The Governing Council decides on the follow-up to the proposals and suggestions thus made.

Art. 12. the Management Board may establish with other intergovernmental organizations, as well as with nonparticipants Governments, all relationships to ensure cooperation in line with their respective purposes.

Art. 13. the Management Board may refer issues special commissions of Jurists particularly versed in the study of these issues.
The committees will be chaired as much as possible by members of the Board of Directors.

Art. 14. after the survey of the issues it has considered as object of its work, the Board of Directors approves, if there is place, the drafts to be submitted to Governments.
Shall send them either the participating Governments, institutions or associations who presented proposals or suggestions, asking their opinion on the opportunity and on the substance of the arrangements.
On the basis of the responses received, the Governing Council approved, if there is place, final projects.
It transmits them to the Governments and institutions or associations who presented proposals or suggestions.
The Executive Council advises then means to ensure the convening of a diplomatic Conference called to review the draft.

Art. 15. the President shall represent the Institute.

Executive power is exercised by the Executive Council.

Art. 16-1. The annual expenditure for the operation and maintenance of the Institute will be covered by the revenue entered in the budget of the Institute, which will include the regular contribution of basic government Italian promoter, such as approved by the Italian Parliament, and that the said Government declares set from the year 1985 in the sum of 300 million lire per year which can be reviewed at the end of each three-year period by the Act of approval of the budget of the Italian State, as well as the ordinary annual contributions of the other participating Governments.
2. for the purposes of the allocation of the share of annual expenses not covered by the regular Italian Government contribution or by revenue from other sources, between the other participating Governments, these will be divided into categories. Each category will be a certain number of units.
3. the number of categories, the number of units for each category, the amount of each unit, as well as the classification of each Government in a category will be determined by a resolution of the general meeting taken by a majority of two thirds of the members present and voting, on the proposal of a Commission appointed by the Assembly. In this ranking, the Assembly will take account, among other considerations, the national income of the country represented.
4. the decisions taken by the General Assembly under paragraph 3 of this article may be revised every three years by a new resolution of the General Assembly, taken at the same majority of two thirds of the members present and voting, on the occasion of the decision referred to in paragraph 3 of article 5.
5. the resolutions of the General Assembly taken under paragraphs 3 and 4 of this article shall be notified by the Italian Government to each participating Government.
6. within the period of one year from the date of the notification referred to in paragraph 5 of this article, each participating Government shall have the right to assert his claims against the resolutions on its classification, at the next session of the General Assembly. It will have to decide by resolution taken at the majority of two thirds of the members present and voting, which will be notified by the Italian Government to the participating Government concerned. However, this same Government shall have the right to denounce his membership in the Institute, following the procedure provided for in paragraph 3 of article 19.
7. participating Governments late two years in the payment of their contributions, lose the right to vote in the General Assembly until the regularisation of their position. In addition, it will not be held account of these Governments in the formation of the majority required by article 13 of the present Statute.
8. the premises necessary for the functioning of the Institute's services are made available by the Italian Government.
9. it is created a working capital fund of the Institute aimed to meet current expenditures, pending the receipt of contributions by the participating Governments, as well as to unforeseen expenses.
10. the rules relating to the Working Capital Fund will be part of the regulations of the Institute. They will be adopted and modified by the General Assembly by a majority of two thirds of the members present and voting.

New content adopted by the General Assembly of the Institute on June 16, 1965, approved by SSA. fed. on 17 June 1968 and in force for Switzerland since July 15, 1968 (RO 1969 454 453; FF 1967 II 1299).
New content adopted by the General Assembly of the Institute on 9 nov. 1984, in force for all States parties since Jan 13. 1986 (RO 1986 473 ch. I).
New content adopted by the General Assembly of the Institute on Feb. 18. 1969, in force for all States parties since Sept. 29. 1976 (RO 1977 286 hp. I).
Not published in the RO.

Art. 17. the rules relating to the administration of the Institute, its inner workings and of the staff regulations will be established by the Governing Council and must be approved by the General Assembly and communicated to the Italian Government.
The travel and living expenses of the members of the Board of Directors and boards of studies as well as the emoluments of the staff of the Secretariat, as well as other administrative expenses, will be charged to the budget of the Institute.
On presentation of the President, the General Assembly will appoint one or two auditors responsible for the financial control of the Institute. The term of office is five years. In the event that two auditors would be appointed, they must belong to different nationalities.
The Italian Government will incur no liability, financial or otherwise, as a result of the administration of the Institute, nor any civil liability from the operation of its services and particularly with respect to the staff of the Institute.

Art. 18. the commitment of the Italian Government concerning the annual subsidy and the premises of the Institute referred to in article 16, is stipulated for a period of six years. It will continue to be in force for a further period of six years, if the Italian Government has not notified his intention to stop the effects, two years before the end of the current period to the other participating Governments. In such a case, the General Assembly will be convened by the President, required in special session.
It will be up to the General Assembly, in case she would decide the removal of the Institute, to take, without prejudice to the provisions of the Statute and regulations"related to the Working Capital Fund, any useful measure on the properties acquired by the Institute during its operation, including archives and collections of documents and books or periodicals.
However, it is understood that in such cases the land, buildings, and movable objects put at the disposal of the Institute by the Italian Government will return to the latter.

New content adopted by the General Assembly of the Institute on June 16, 1965, approved by SSA. fed. on 17 June 1968 and in force for Switzerland since July 15, 1968 (RO 1969 454 453; FF 1967 II 1299).

Art. 19. the amendments to these regulations that would be adopted by the General Assembly will take effect upon approval by a majority two-thirds of the participating Governments.
Each Government will inform his approval in writing to the Italian Government, which will give knowledge to the other participating Governments, as well as the President of the Institute.
Any Government that would not have approved an amendment to this Statute shall have the right to denounce its membership within a period of six months from the entry into force of the amendment. The denunciation will take effect from the date of its notification to the Italian Government, which will give knowledge to the other participating Governments, as well as the President of the Institute.

Art. 20 all Government which intends to accede to this status in writing notify its accession to the Italian Government.
The membership will be given for six years; It will be tacitly renewed six in six years unless denunciation written a year before the expiration of each period.
The accessions and denunciations shall be notified to the participating Governments by the Italian Government.

Art. 21. the present Statute will be effective as soon as at least six Governments have notified their membership to the Italian Government.

Art. 22 scope June 23, 2011 this Statute, bringing the date of March 15, 1940, will remain deposited in the archives of the Italian Government. Certified copy of the text will be sent by the Italian Government care, each of the participating Governments.

Scope on 23 June 2011, States parties Ratification, accession (A) entry into South Africa, 27 April 1971 27 April 1971 Germany February 9, 1973 February 9, 1973 Saudi Arabia 29 August 2008 was 29 August 2008 Argentina April 5, 1972 April 5, 1972 Australia 20 March 1973 20 March 1973 Austria 10 August 1948 August 10, 1948 Belgium 20 April 1940 21 April 1940 Bolivia 22 April 1940 April 22, 1940 Brazil 12 January 1993 12 January

1993 Bulgaria June 22, 1940 22 June 1940 Canada March 2, 1968 March 2, 1968 Chile 12 May 1982 12 May 1982 China August 1, 1985 January 1, 1986 Cyprus 1 January 1999 1 January 1999 Colombia April 26, 1940 April 26, 1940 (South) Korea 25 June 1981 25 June 1981 Croatia 1 January 1996 1 January 1996 Cuba October 14, 1940 October 14, 1940 Denmark 5 June 1940 5 June 1940 Egypt 25 December 1951 25 December 1951 Spain

April 13, 1940 April 21, 1940 Estonia 10 December 2001 December 10, 2001 United States March 13, 1964 13 March 1964 Finland 5 May 1940 5 May 1940 France August 3, 1948 August 3, 1948 Greece, on 20 April 1940 April 21, 1940 Hungary 20 April 1940 April 21, 1940 India September 28, 1950 September 28, 1950 Indonesia 22 December 2008 was December 22, 2008 Iran April 4, 1951 April 4, 1951 Iraq 3 May 1973 may 3, 1973 Ireland 18 April

1940 April 21, 1940 Israel April 8, 1954 April 8, 1954 Italy 15 June 1957 15 June 1957 Japan 19 December 1953 19 December 1953 Latvia January 1, 2006 January 1, 2006 Lithuania January 1, 2007 January 1, 2007 Luxembourg


September 10, 1973 10 September 1973 Malta 27 September 1993 27 September 1993 Mexico may 6, 1940 6 May 1940 Nicaragua April 20, 1940 21 April 1940 Nigeria October 29, 1964 October 29, 1964 Norway 16 July 1951 July 16, 1951 Pakistan may 30, 1964 30 May 1964 Paraguay 4 May 1940 4 May 1940 Netherlands 14 April 1940 21 April 1940 Poland January 1, 1979 January 1, 1979 Portugal may 18, 1949 18 May 1949 Czech Republic 12 December

1992 12 December 1992 Romania 20 April 1940 April 21, 1940 United Kingdom September 24, 1948 September 24, 1948 Russia 1 January 1990 San - Marino 4 February 1945 February 4, 1945 Holy See April 19, 1945 April 19, 1945 Serbia 13 April 2001 April 13, 2001 Slovakia 13 January 1993 13 January 1993 Slovenia January 30, 1995 January 30, 1995 Sweden April 12, 1940 21 April 1940 Switzerland April 20, 1940 21 April 1940 Tunisia 1 January 1980 1 January 1980 Turkey 21 October 1951 21 October 1951 Uruguay 23 April 1940 April 23, 1940 Venezuela 15 May 1940 may 15, 1940 RO 1964 466; FF 1963 I 349 RO 1964 465 RO 1977 287, 1982 1547, 1986-473, 2002-453, 2007 3471 and 2011 3295. A version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).

Status as of June 23, 2011

Related Laws