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Uruguay: Proof of and Information About Foreign Law in Uruguay

  • Cecilia Fresnedo de AguirreEmail author
Chapter
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Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 26)

Abstract

This national report covers the following topics: First, the nature of conflict of laws rules and its mandatory application in court proceedings are analysed in light of the statutory rules and conventions that are in force in Uruguay. Second, treatment of foreign law before judicial authorities is addressed, which comprises an analysis of the nature of foreign law, the ascertainment of foreign law, as well as the interpretation and application of foreign law including the case of non-ascertainment of foreign law. Third, the judicial review as to the application of conflicts rules and foreign law is examined. Fourth, treatment of foreign law in other instances is scrutinized as to the administrative authorities and other non-judicial instances including arbitration, mediation and other alternative dispute resolution, as well as in attorneys and other professional’s work. Fifth, the status quo on access to foreign law is analysed in view of information on foreign law available in Uruguay, as well as the mechanism of the international and regional instruments on proof of and information of foreign law in force in Uruguay and the international and regional settings to facilitate access to foreign law. Sixth, further developments in access to foreign law are envisaged by indicating practical needs and addressing conflict of laws solutions and methods of facilitating access to foreign law.

Keywords

Facilitate Access Law Rules Alternative Dispute Resolution Montevideo Treaty Hague-Visby Rules 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer International Publishing AG 2017

Authors and Affiliations

  1. 1.University of the RepublicMontevideoUruguay

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