Topics of Procedure in the Venezuelan 1998 Act on Private International Law

AuthorGonzalo Parra-Aranguren
PositionJudge, International Court of Justice
Pages1241-1249

Page 1241

Judge, International Court of Justice; Professor emeritus of Private International Law at the Central University of Venezuela, Caracas.

I Historical Background

The Venezuelan Ministry of Justice created in September 1958 a Commission, composed of Professors Roberto Goldschmidt, Gonzalo Parra-Aranguren, and Joaquín Sánchez-Covisa, to prepare a Draft on Private International Law. A first Preliminary Document was finished after ten months of intensive work, but the Commission decided to wait some time to think it over, and it was only in April 1963 when the Draft was completed, with an "Explanatory Report" annexed.

The 1963 Draft was published and disseminated as much as possible, in order to solicit observations and suggestions. It was explained by Professors Gonzalo Parra-Aranguren and Joaquín Sánchez-Covisa at the Academy of Social and Political Sciences in Caracas. German Professor Wolfgang Mùller Freienfels, when invited to a Symposium held at the Central University of Venezuela, commented on its conflict rules on family matters, but the Venezuelan juridical milieu was silent and made no suggestions at all. On the contrary, valuable observations were advanced by Professors Werner Goldschmidt and Rodolfo De Nova from Argentina and Italy respectively. The Commission also received additional remarks from Professor Rodolfo de Nova and letters from Professors Henri Batiffol, Albert A. Ehrenzweig and Gerhard Kegel.

Some time later, the Commission made a few changes to the Draft and handed over its Revised Version to the Ministry of Justice in 1965. The. 1965 Draft was then published with the 1963 "Explanatory Report," but not submitted to Congress.

The 1965 Draft was well received abroad. According to Brazilian Professor Haroldo Valladao, it is an "outstanding" instrument, dealing with the subject matter in an "autonomous and up-to-date manner." Writing in 1967, the Austrian Professor Fritz Von Schwind found the 1965 Draft remarkable, particularly its Page 1242 General Dispositions. Professor Paul Heinrich Neuhaus in Germany, after its careful consideration, affirmed in 1970 that it was excellent. Eight years later the 1965 Draft was considered so noteworthy as to be reproduced in the third edition of Alexander N. Makarov's book: Quellen des Internationalen Privatrechts. Nationale Kodificationen, prepared by Max-Planck-Institut fùr ausländisches und internationales Privatrecht under the direction of Jan Kropholler, Paul Heinrich Neuhaus and Jan Peter Waehler. In 1980, Professor Paul Heinrich Neuhaus examined it again, taking into account the most recent juridical developments, and concluded that it "deserves laudation because it represents a conception which will be followed by the international community."

Inter-American Treaties adopted after 1975, in particular, the Inter-American Convention on General Rules of Private International Law,1 were strongly influenced by the Venezuelan 1965 Draft. The Venezuelan 1965 Draft also played a substantial role in the preparation of the new Peruvian conflicts rules, compiled in Book Ten of the 1984 Civil Code, and it was taken into consideration by the Argentinean Professor Werner Goldschmidt in his 1974 Draft on Private International Law. It also influenced the Preliminary Draft prepared by Professor Leonel Perez-Nieto Castro in Mexico, as travaux préparatoires of the conflicts rules to be included in the Preliminary Title of the Civil Code, finally adopted in December 1987.

Notwithstanding the influence of the 1965 Draft abroad, its impact in Venezuela was rather small, even though it was summarily explained at Law Faculties in Venezuelan Universities, mainly in Caracas. It was only ten years later when the Commission nominated to prepare a Draft Code of Civil Procedure reproduced most of its rules on Jurisdiction, Recognition and Enforcement of Foreign Judgments.

The First Meeting of the Private International Law Professors of all Venezuelan Universities held in Caracas in July 1995 requested the Government to present the 1965 Draft to Congress. Nevertheless, it was acknowledged that some adjustments had to be made, to take into account conventions ratified by Venezuela and the substantial changes in Venezuelan law during the last three decades.

Before undertaking any action, the Ministry of Justice consulted on the matter with the Attorney General of the Republic (Procuraduría General de la República). For this reason the 1965 Draft was submitted to the Juridical Advisory Council of the Public Administration (Consejo de Asesoría Jurídica de la Administración Pública), composed of representatives of the Legal Department of each Governmental Ministry. In the meantime, in April 1996, Private International Law Professors of all Venezuelan Universities met again; they insisted on their petition and suggested some adjustments to the 1965 Draft.

Taking into account the favorable opinion of the Attorney General, the Government presented the 1965 Draft to Congress at the end of June 1996. The Permanent Commission of Foreign Affairs of the Senate recommended its adoption and proposed several additions after consulting with the Legal Department of Congress and some external advisors. The Senate also made suggestions of its own Page 1243 during the first discussion of the 1965 Draft, in particular to avoid eventual contradictions with the Bill on Commercial Arbitration that was simultaneously under consideration, finally enacted and coming into force on April 7, 1998.2 Thus, a 1996 Draft was prepared and a few paragraphs were added to the 1963 "Explanatory Report" aiming to indicate the reasons for the modifications made. It was commented on by Venezuelan Professors of Private International Law in a Symposium held at the Academy of Social and Political Sciences in Caracas. The Senate finally approved the Bill at the end of November 1997.

The Chamber of Deputies requested the opinion of its Permanent Commission of Foreign Affairs on the 1996 Draft, which recommended adoption after consulting with the Sub-Commission on Conventions, Legislation and Juridical Matters. The second discussion started at the beginning of June 1998, but was suspended and the matter referred again to the Permanent Commission of Foreign Affairs to amend formal defects of its Report and to examine the appropriateness of the title given to the Bill. However, no modifications were suggested and the Chamber approved the 1996 Draft without any changes. Therefore, Congress sanctioned the Act and sent it to the Executive. The Government held a special commemoration to celebrate the adoption of the new law and on the same day, August 6, 1998, it was published in Nr. 36.511 of the Official Gazette.3

II Contents...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT