With respect to juristic persons, our view is that they should be subject to the local law as regards everything relating to their “concept and recognition”, as wisely provided by Article XXXII of the Code, in contradiction, — at least apparently — with other provisions thereof, such as Articles XVI to XXI.

For the undersigned Delegations, juristic persons cannot have any nationality either under scientific principles or in the view of the highest and most permanent interests of America. It would have been preferable that in this Code which we are going to enact, there should have been omitted everything which might serve to assert that juristic persons, particularly those with capital stock, have nationality.

The undersigned Delegations, upon accepting the compromise set forth in Article VII between the European doctrine of the personality of the law and the genuinely American doctrine of domicile for regulating the civil status and capacity of persons in private international law, declare that they accept this compromise in order not to delay the issuance of this Code, to which all the nations of America are looking forward as one of the most transcendental accomplishments of this Conference; but the subscribing Delegations emphatically assert that such a compromise should be transitory because juridical unity must be accomplished in the continent around the law of the domicile, the only one which effectively safeguards the sovereignty and independence of the peoples of America. Immigration countries, as these Republics are or will be, cannot but regard with the greatest concern that European immigrants should bring with them the pretension of invoking in America their own laws of origin, to determine here their civil status as to contractual capacity. To accept this possibility (which is sanctioned by the principle of national law, partially acknowledged in the Code), amounts to creating in America a State within a State and to placing ourselves almost under the capitulation regime which Europe imposed during centuries on the nations of Asia, which she considered as inferior in their international relations. The undersigned Delegations earnestly hope that very soon there will disappear from the American legislations all traces of theories (more political than legal) favoured by Europe in order to preserve her jurisdiction over her nationals, who have established themselves in these free lands of America, and they hope that the legislation of the Continent will be unified in accordance with the principles that subject alien immigrants to the unrestricted force of the local laws.

With the hope, therefore, that very soon the doctrine of the domicile will be the one to regulate in America the civil status and capacity of persons, and feeling assured that it will constitute one of the most characteristic aspects of juridical Pan Americanism, which we are all anxious to create, the undersigned Delegations vote in favor of the Code of Private International Law and accept the doctrinary compromise on which it is inspired.

As regards the provisions relative to divorce, the Delegation of Colombia formulates its unqualified reservation to the regulation of divorce by the law of the matrimonial domicile, because it considers that for such purpose and in view of the exceptionally transcendental and sacred character of marriage (basis of society and of the State itself) Colombia cannot accept the application within her territory of alien laws.

The subscribing Delegations also desire to record their enthusiastic admiration for the fruitful efforts of Dr. Sanchez de Bustamante which this Code embodies in its five hundred articles, formulated in clear-cut phrases, which can well serve as models for the legislators of all countries. From this day on Dr. Sanchez de Bustamante will not only be one of the most eminent sons of Cuba, but also one of the foremost citizens of the great American fatherland which can justly feel proud of raising egregious scientists and statesmen like the author of the Code of Private International Law which we have considered, and which the Sixth International Conference of American States is about to sanction on behalf of all the Americas.

Costa Rica (For reservation made at the time of signature see Colombia)

Reservations made at the time of ratification:

With the reservations made by the Delegation of Costa Rica, it being understood that such reservations refer not only to our present legislation but also to any future legislation.

Dominican Republic

Reservations made at the time of signature:

1. The Delegation of the Dominican Republic desires to maintain the supremacy of its national law in all questions relating to the status and capacity of the Dominicans wherever they may be, and for this reason it cannot accept, except with reservations, those provisions of the project of Code which accord supremacy to the “law of the domicile” or to the local law: all this not withstanding the conciliatory principle set forth in Article VII of the project and of which Article LIII of the same is an application.

2. As regards nationality, Title I, Book I, Article IX et sequa, we formulate a reservation with respect, first, to the nationality of juristic persons, and second, in a special manner, regarding the general principle of our political Constitution in accordance with which no other nationality shall be acknowledged to any Dominican citizen except that of the Dominican Republic as long as he resides in its territory.

3. With reference to the domicile of foreign juristic persons, whichever may be their charters and whatever the place where they may have established their domicile, wherever their principal office may be located, et cetera, we make reservation of the following principle of public order in the Dominican Republic: any physical or moral person conducting activities of a juridical nature within its territory shall have for its domicile the place where it keeps an establishment, an agency, or any representative whatsoever. This domicile attributes jurisdiction to the national tribunals in those juridical relations concerning acts which have taken place in the country, whatever their nature may be.

Reservation made at the time of ratification:

With the reservation made at the time of signature.

Ecuador

Declaration made at the time of signature:

The Delegation of Ecuador has the honor to subscribe in its entirety the Convention of the Code of Private International Law, in homage to Dr. Bustamante. It does not deem it necessary to set forth any reservation, preserving only the general power, provided in the Convention itself, which leaves the Governments at liberty to ratify it.

Reservation made at the time of ratification:

Insofar as it is not opposed to the Constitution and Laws of the Republic.

El Salvador

Reservations made at the time of signature:

First Reservation: Especially applicable to Articles XLIV, CXLVI, CLXXVI, CCXXXII, and CCXXXIII.

With respect to the incapacities to which aliens may be subjected in accordance with their personal law for disposing by will, for entering into contracts, for appearing in court, and for engaging in commerce or participating in commercial transactions or contracts, the reservation is made that said incapacities will not be acknowledged in El Salvador in cases where the transactions or contracts in question have been executed in Salvador without contravention of the Salvadorean law and to take effect within its national territory.

Second Reservation: Applicable to Article CLXXXVII, last paragraph.

As to community of property imposed upon spouses by their personal law under the legislation of a foreign state, it will be recognized in Salvador only if confirmed by contract between the interested parties and all requirements which the Salvadorean law now provides or may hereafter provide with respect to property located in El Salvador are complied with.

Third Reservation: Especially applicable to Articles CCCXXVII, CCCXXVIII, and CCCXXIX.

The Delegation of Salvador makes the reservation that in so far as Salvador is concerned the jurisdiction of foreign judges or tribunals in inheritance hearings and proceedings and in creditors’ suits and bankruptcy cases affecting immovables located in Salvador, will be unacceptable.

Reservations made at the time of ratification:

First Reservation: Especially applicable to Articles XLIV, CXLVI, CLXXVI, CCXXXII, and CCXXXIII.

With respect to the incapacities to which aliens may be subjected in accordance with their personal law for disposing by will, for entering into contracts, for appearing in court, and for engaging in commerce or participating in commercial transactions or contracts, the reservation is made that said incapacities will not be acknowledged in El Salvador in cases where the transactions or contracts in question have been executed in Salvador without contravention of the Salvadorean law and to take effect within its national territory.

Second Reservation: Applicable to Article CLXXXVII, last paragraph.

As to community of property imposed upon spouses by their personal law under the legislation of a foreign state, it will be recognized in Salvador only if confirmed by contract between the interested parties and all requirements which the Salvadorean law now provides or may hereafter provide with respect to property located in El Salvador are complied with.

Third Reservation: Especially applicable to Articles CCCXXVII, CCCXXVIII, and CCCXXIX.

The Delegation of Salvador makes the reservation that in so far as Salvador is concerned the jurisdiction of foreign judges or tribunals in inheritance hearings and proceedings and in creditors’ suits and bankruptcy cases affecting immovables located in Salvador, will be unacceptable.

Fourth Reservation: The Republic of El Salvador does not renounce its legislative power to prescribe in the future the laws or provisions that it believes convenient on the subjects of private international law contained in the Bustamante Code; and

Fifth Reservation: It considers the Convention on Private International Law as a body of juridical doctrine of great value in jurisprudence, but deems it to be as yet of insufficient force to prevail over the express provisions of the Salvadorean law in every matter in which that body of doctrine contradicts or modifies them.

This approval does not restrict the legislative power of El Salvador to prescribe in the future the laws or provisions that it believes convenient on the subjects of private international law contained in the Bustamante Code; and

In the event that the juridical doctrines contained in the said Convention are at variance with or modify in any way the laws of El Salvador, they shall not prevail over said laws.

Guatemala

Declaration made at the time of signature:

Guatemala has incorporated into its civil legislation the doctrine of domicile, but even if such were not the case, the conciliatory articles of the Code harmonize perfectly any conflict which might arise between different States due to their affiliation with diverse schools.

In consequence, therefore, the Delegation of Guatemala is in perfect accord with the method which, with so much wisdom, caution, ingenuity, and scientific judgment, is set forth in the Project of Code of Private International Law, and it desires to leave express record of its absolute acceptance of the latter without reservations of any kind.

Haiti

Reservations made at the time of ratification:

With reservations as to Articles CCCLXXXIII, CCCLXXXV, CCCLXXXVI, and CCCLXXXVII of said code.

Nicaragua

Declaration made at the time of signature:

The Republic of Nicaragua will be unable to apply the provisions of the Code of Private International Law which may be in conflict with the Canon Law in matters which now or in the future Nicaragua may consider to be subject to such Canon Law.

The Nicaraguan Delegation declares, as it has previously done several times verbally throughout the discussions, that some of the provisions of the approved Code are in disagreement with express provisions of the legislation of Nicaragua or with principles which form the basis of such legislation; but, as deserved homage to the notable work of the illustrious author of this Code, it chooses, instead of formulating the corresponding reservations, to make these declarations and to leave to the public authorities of Nicaragua the formulation of such reservations or the modification, as far as possible, of the national legislation, in cases of conflict.

Panama

Declaration made at the time of signature:

When casting its vote in favour of the Project or Code of Private International Law at the meeting of the Committee held on January 27th ultimo, the Delegation of the Republic of Panama stated that at an opportune time it would present such reservations as it might deem necessary, should the need arise.

This attitude of the Delegation of Panama was due to certain doubts it entertained with reference to the meaning and scope of some of the provisions contained in the Project, particularly as regards the application of the national law to foreigners residing in the country, as this would have given rise to a real conflict, because in the Republic of Panama ever since its establishment as an independent nation, the system of the territorial law has been in force. However, the Delegation of Panama considers that all the difficulties which could possibly arise in this delicate matter have been foreseen and wisely obviated by Article VII of the Project, in accordance with which “each contracting State shall apply as personal law that of the domicile or that of the nationality, or that which its domestic legislation may have prescribed or may hereafter prescribe”. As in the case of all other States subscribing and ratifying the Convention, Panama, therefore, will be at full liberty to apply its own law, which is the territorial law.

With matters so understood, it is highly gratifying for the Delegation of Panama to declare, as it does, that it extends its approval without reservations of any kind to the Project or Code of Private International Law, or Bustamante Code as it should be called in honor of its author.

Paraguay

Reservations made at the time of signature:

1. The Delegation declares that Paraguay maintains its adhesion to the Treaties of International Civil Law, International Commercial Law, International Penal Law, and International Procedural Law which were approved at Montevideo in 1888 and 1889, together with the Convention and Protocols attached thereto.

2. It does not agree to modify the system of the “law of the domicile”, sanctioned by the civil legislation of the Republic.

3. It maintains adhesion to the principle of its internal legislation that juristic persons owe their existence exclusively to the law of the State, which authorizes them and are, therefore, neither national nor foreign; their functions are determined by special law, pursuant to the principles arising from the domicile.

4. It accepts the system of the “unity of successions” with the limitation derived from the lex rei sitae as regards immovable property.

5. It is in accord with every principle tending to recognize in favor of women, the same civil rights conferred upon adult males.

6. It does not accept principles which may modify the system of jus soli as a means of acquiring nationality.

7. It does not agree to precepts which solve the problem of “dual nationality”, with prejudice to an exclusive application of the jus soli.

8. It adheres to the criteria, accepted in world conferences, relative to the regulation of bills of exchange and checks.

9. It makes a reservation as to the application of the “law of the flag” on matters relative to maritime law.

10. It agrees that crimes committed on airships within the aerial national domain, or on foreign merchant ships, should be tried by the courts of the State where such ships may happen to be.

Uruguay

Reservations made at the time of signature:

The Delegation of Uruguay formulates reservations to the end that its position be consistent with that held in the International Commission of Jurists at Rio de Janeiro by Doctor Pedro Varela, professor in the Faculty of Law at the University of Uruguay. At the same time the Delegation declares that Uruguay gives its approval to the Code as a whole.

United States

Reservation made upon approval of the Convention:

The Delegation of the United States of America regrets very much that it is unable at the present time to approve the Code of Dr. Bustamante, as in view of the Constitution of the United States of America, the relations among the States members of the Union and the powers and functions of the Federal Government, it finds it very difficult to do so. The Government of the United States of America firmly maintains its intention not to dissociate itself from Latin America, and therefore, in accordance with Article Six of the Convention which permits any Government to adhere later thereto, it will make use of the privilege extended by this article in order that, after carefully studying the Code in all its provisions, it may be enabled to adhere to at least a large portion thereof. For these reasons, the Delegation of the United States of America reserves its vote in the hope, as has been stated, of adhering partly or to a considerable number of the Code’s provisions.

Venezuela

Reservations made at the time of ratification:

Venezuela reserves acceptance of Articles XVI, XVII, XVIII, XXIV, XXXV, XXXIX, XLIII, XLIV, XLIX, L, LVII, LVIII, LXII, LXIV, LXV, LXVII, LXX, LXXIV, LXXXVII, LXXXVIII, CXXXIX, CXLIV, CLVII, CLXXIV, CCXLVII, CCXLVIII, CCCI, CCCXXIV, CCCXLVIII, CCCLX, CCCLXXVIII, and from CDXXIII to CDXXXV.

Since in Venezuela there is no life imprisonment, exception is taken concerning this point.