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Uruguayan Law
The legal system of Uruguay belongs to the Continental Law tradition. The basis for its public law is the 1967 Constitution, amended in 1989, 1994, 1996, and 2004. According to it, Uruguay is a ''democratic republic''. There is a clear separation of functions, between the President of the Republic, the Legislative Power and the Judiciary. On the other hand, private relationships are governed by the Uruguayan Civil Code, which was first published in 1868, thanks to the work of Tristán Narvaja.Uruguayan Civil Code


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Private international law

In matter of private international law or

Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering the Río de la Plata to the south and the Atlantic Ocean to the southeast. It is part of the Southern Cone region of South America. Uruguay covers an area of approximately and has a population of an estimated 3.4 million, of whom around 2 million live in the metropolitan area of its capital and largest city, Montevideo. The area that became Uruguay was first inhabited by groups of hunter–gatherers 13,000 years ago. The predominant tribe at the moment of the arrival of Europeans was the Charrúa people, when the Portuguese first established Colónia do Sacramento in 1680; Uruguay was colonized by Europeans late relative to neighboring countries. The Spanish founded Montevideo as a military stronghold in the early 18th centur ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principl ...
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Public Law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and inequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the Roman jurist Ulpia ...
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Constitution Of Uruguay Of 1967
The sixth Constitution of Uruguay came into force in 1967. Approved in a referendum on 27 November 1966, it replaced the previous constitutional text, which had been in force since 1952. History In the elections of November 27, 1966, nearly 59 percent of Uruguayans voted to amend the 1952 constitution and to reestablish a presidential system of government, thus ending a fifteen-year experiment with the ''colegiado''. The new constitution, which became operative on February 15, 1967, and has remained in effect since then, created a strong one-person presidency, subject to legislative and judicial checks. In free and fair elections, Uruguayans approved the new charter and elected the Colorado Party to power again. The 1967 constitution contained many of the provisions of the 1952 charter. However, it removed some of the General Assembly's power to initiate legislation and provided for automatic approval of bills under certain conditions if the legislature failed to act. If, on ...
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Constitution Of Uruguay Of 1997
The 1997 Constitution of Uruguay refers to the 1967 Constitution with amendments. Its actual name should be: the Constitution of the Oriental Republic of Uruguay, with the amendments as approved in popular plebiscites of 26 November 1989, of 26 November 1994, of 8 December 1996, and of 31 October 2004. The most relevant of them was that of 1996, which came into force in the following year; due to its changes to the electoral system, it is usually considered a new Constitution, the country's seventh (following those of 1830, 1918, 1934, 1942, 1952 and 1967). Overview Until the 1994 general election, all the elective posts were voted on the same day, and there were multiple presidential candidacies in every party (the so-called Ley de Lemas). Starting in 1999, mid-year primary elections were held at the beginning of the electoral cycle, in order to elect single presidential candidates for every party. General elections for both the president and the General Assembly are he ...
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Uruguayan Civil Code
The Civil Code of the Oriental Republic of Uruguay ( es, Código Civil de la República Oriental del Uruguay) is a systematic collection of Uruguayan laws designed to comprehensively deal with the core areas of private law such as for dealing with business and negligence lawsuits and practices. This civil code was originally published on 1 January 1868, it was the work of Tristan Narvaja, inspired in a project by Eduardo Acevedo. Important sources were the Roman law, Spanish legislation and canon law, as well as the Chilean Civil Code, the Spanish Civil Code, the Code Napoléon and many others. In 1995 it was updated.Uruguayan Civil Code


See also

* Uruguayan law *
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Tristán Narvaja
Tristán Narvaja (March 17, 1819 – February 19, 1877) was an Argentine and Uruguayan judge, professor, theologian, and politician. Biography Narvaja was born on March 17, 1819, in Córdoba, Argentina, to father Pedro Narvaja Dávila and mother Mercedes Montelles. He attended school in his hometown ''Colegio de los Franciscanos'' and later in Buenos Aires, where he received his doctorate in theology and jurisprudence. At the end of 1840 Narvaja arrived in Montevideo, renewed his title as a Doctor of Jurisprudence and was received as a lawyer. Shortly after the ''Sitio Grande'' during the Uruguayan Civil War he returned to Buenos Aires, and later traveled to Bolivia in the Argentine Andean Provinces located in Chile until the end of 1843. Upon his return to Montevideo he practiced as a lawyer, and published legal works. In 1855 he was admitted to the ''Facultad de Jurisprudencia'' as a professor of Civil Rights, a chair that he held until 1872, the year in which the ''Tribu ...
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Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and '' choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use '' ...
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Hague Conference On Private International Law
The Hague Conference on Private International Law (HCCH) is an intergovernmental organisation in the area of private international law (also known as ''conflict of laws''), that administers several international conventions, protocols and soft law instruments. The Hague Conference was first convened by Tobias Asser in 1893 in The Hague. In 1911, Asser received the Nobel Prize for Peace for his work in the field of private international law, and in particular for his achievements with respect to the HCCH. After World War II, the Hague Conference was established as an international organisation. History A permanent diplomatic conference On the initiative of Tobias Asser, the First Diplomatic Session of the HCCH was convoked in 1893. Its aim was, and remains, to "work for the progressive unification of the rules of private international law", including by creating, and assisting in the implementation of, multilateral conventions that promote the harmonisation of the rules ...
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Organization Of American States
The Organization of American States (OAS; es, Organización de los Estados Americanos, pt, Organização dos Estados Americanos, french: Organisation des États américains; ''OEA'') is an international organization that was founded on 30 April 1948 for the purposes of solidarity and co-operation among its member states within the Americas. Headquartered in the United States capital, Washington, D.C., the OAS has 35 members, which are independent states in the Americas. Since the 1990s, the organization has focused on election monitoring. The head of the OAS is the Secretary General; the incumbent is Uruguayan Luis Almagro. History Background The notion of an international union in the New World was first put forward during the liberation of the Americas by José de San Martín and Simón Bolívar who, at the 1826 Congress of Panama (still being part of Colombia), proposed creating a league of American republics, with a common military, a mutual defense pact, and a ...
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MERCOSUR
The Southern Common Market, commonly known by Spanish abbreviation Mercosur, and Portuguese Mercosul, is a South American trade bloc established by the Treaty of Asunción in 1991 and Protocol of Ouro Preto in 1994. Its full members are Argentina, Brazil, Paraguay, and Uruguay. Venezuela is a full member but has been suspended since 1 December 2016. Associate countries are Bolivia, Chile, Colombia, Ecuador, Guyana, Peru, and Suriname. Mercosur's origins are linked to the discussions for the constitution of a regional economic market for Latin America, which go back to the treaty that established the Latin American Free Trade Association in 1960, which was succeeded by the Latin American Integration Association in the 1980s. At the time, Argentina and Brazil made progress in the matter, signing the Iguaçu Declaration (1985), which established a bilateral commission, which was followed by a series of trade agreements the following year. The Integration, Cooperation and Develo ...
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Legal Systems Of The World
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ...
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