Application of foreign law in the uruguayan legal system: normative evolution and contemporary challenges

Abstract

The application of the legal system designated by the rule of collision, from the perspective of Latin American and continental European Private International Law, is characterised by its prescriptive nature. This is due to the fact that the legislations of these regions tend to align themselves with the legal theory developed by Savigny, whose ideas have influenced the configuration of this normative field. In these geographical contexts, convergences in the interpretation of the provisions of foreign law are often observed, among other relevant aspects. In the case of Uruguay, the legal system has addressed this issue since the ratification of the Montevideo Treaties of 1889 and 1940, and has modernised its regulation through the adoption of relevant inter-American conventions and the incorporation of specific provisions in the General Code of Procedure. However, normative challenges remained, particularly in relation to the proof and interpretation of foreign law and the situation of multi-legislative states. With the enactment of Law 19.920, these and other aspects related to the general theory of private international law were addressed. This research aims to analyse the changes, continuities and harmonisation processes that have taken place in this area, assessing their impact on the national regulatory framework.