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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 Executive Branch, the Legislative Branch and the Judicial Branch. [1]
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. [2]
This article needs to be updated.(August 2009) |
The Constitution of Uruguay (Constitución de la República Oriental del Uruguay) is the supreme law of Uruguay. Its first version was written in 1830 and its last amendment was made in 2004.
Uruguay's first constitution was adopted in 1830, following the conclusion of the three-year-long Cisplatine War in which Argentina and Uruguay acted as a federation: the United Provinces of the Río de la Plata. Mediated by the United Kingdom, the 1828 Treaty of Montevideo allowed to build the foundations for a Uruguayan state and constitution. It has been reformed in 1918, 1934, 1942, 1952 and 1967, but it still maintains several articles from its first version of 1830.The Civil Code of the Oriental Republic of Uruguay (Spanish: 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, texts by Augusto Teixeira de Freitas and Dalmacio Vélez Sarsfield, the Code Napoléon and many others. In 1995 it was updated. [3]In matter of private international law or conflict of laws, the legal system of Uruguay is comprised by international treaties ratified by the country and domestic laws. Uruguay signed and ratified a number of treaties on conflict of laws from several international forums: such treaties from the Hague Conference on Private International Law at an international level, from the Inter-American Specialized Conferences on Private International Law of the Organization of American States at a continental level and from the MERCOSUR at a regional level.
Regarding the domestic law, the core law on conflicts of law is the new General Law on Private International Law number 19920, that replaced the old system of the Appendix to the Final Title of the Uruguayan Civil Code, established by Law number 10084 of 1941, updating and expanding the coverage of the domestic system of private international law that works in the situation of a lack of an international treaty on the matter in the specific case. [4]
The politics of Uruguay abide by a presidential representative democratic republic, under which the president of Uruguay is both the head of state and the head of government, as well as a multiform party system. The president exercises executive power and legislative power and is vested in the two chambers of the General Assembly of Uruguay. The Judiciary is independent from the executive and legislature.
The United Provinces of the Río de la Plata, earlier known as the United Provinces of South America, was a name adopted in 1816 by the Congress of Tucumán for the region of South America that declared independence in 1816, with the Sovereign Congress taking place in 1813, during the Argentine War of Independence (1810–1818) that began with the May Revolution in 1810. It originally comprised rebellious territories of the former Spanish Viceroyalty of the Río de la Plata dependencies and had Buenos Aires as its capital.
The following outline is provided as an overview of and topical guide to Uruguay:
Uruguayan nationality law is based on the principle of Jus soli and a limited form of Jus sanguinis. The Uruguayan Constitution does not use the word "national" in defining those inhabitants (habitantes) of Uruguay. Those inhabitants are described as "natural citizens" and "legal citizens" in Article 73 of the Constitution. According to Article 74, natural citizens are born in the territory of Uruguay and the children of natural citizens, wherever those children are born. In Article 75, the steps to become a legal citizen are set forth. In terms of the text of the Constitution, the term national is only introduced in the Constitution in Article 81. Article 81 states that, "Nationality is not lost by being naturalized in another country, to recover the exercise of the rights of citizenship, it is enough to come to the Republic (avecinarse) and register in the Civic Registry." Further, a second clause in Article 81 provides, "Legal citizenship is lost by any other form of subsequent naturalization."
Venezuela does not recognize same-sex unions. In 2008, the Supreme Tribunal of Justice ruled that the Constitution of Venezuela neither prohibits nor requires the recognition of same-sex marriage. In January 2015, a lawsuit seeking to legalise same-sex marriage in Venezuela was filed with the Supreme Tribunal, which announced in April 2016 that it would hear the case, though no decision has been made as of August 2023. On 24 February 2022, a deputy of the opposition Cambiemos Movimiento Ciudadano party introduced a same-sex marriage bill to the National Assembly.
Bolivia has recognised same-sex civil unions since 20 March 2023 in accordance with a ruling from the Plurinational Constitutional Tribunal. The court ruled on 22 June 2022 that the Civil Registry Service (SERECI) is obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions. The court ruling went into effect upon publication on 20 March 2023. The ruling made Bolivia the seventh country in South America to recognise same-sex unions.
The president of Uruguay, officially known as the president of the Oriental Republic of Uruguay, is the head of state and head of government of Uruguay. Their rights are determined in the Constitution of Uruguay. Along with the Secretariat of the Presidency, the Council of Ministers and the director of the Office of Planning and Budget, the President is part of the executive branch. In case of absence, their office is exercised by the vice president. In turn, the president of the republic is the commander in chief of the Armed Forces.
Tristán Narvaja was an Argentine and Uruguayan judge, professor, theologian, and politician.
The Great Siege of Montevideo, named as Sitio Grande in Uruguayan historiography, was the siege suffered by the city of Montevideo between 1843 and 1851 during the Uruguayan Civil War.
The Civil Code of the Oriental Republic of 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.
The Republic of Uruguay is located in South America, between Argentina, Brazil and the South Atlantic Ocean, with a population of 3,332,972. Uruguay gained independence and sovereignty from Spain in 1828 and has full control over its internal and external affairs. From 1973 to 1985 Uruguay was governed by a civil-military dictatorship which committed numerous human rights abuses.
The sixth Constitution of Uruguay came into force in 1967.
The judiciary of Uruguay is a branch of the government of Uruguay that interprets and applies the laws of Uruguay, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Uruguay is a civil law system, with public law based on the 1967 Constitution, amended in 1989, 1994, 1997, and 2004. The Constitution declares Uruguay to be a democratic republic, and separates the government into three equal branches, executive, legislative and judicial. Private relationships are subject to the Uruguayan Civil Code, originally published in 1868. The Constitution defines the judiciary as a hierarchical system courts, with the highest court being a five-member Supreme Court, who are appointed by the legislative branch of the government, for ten-year terms. The Supreme Court appoints the judges of most of the lower courts. Below the Supreme Court, there are sixteen courts of appeal, each of which has three judges. Seven of the courts of appeal specialize in civil matters, four specialize in criminal matters, three cover labour law, and two focus on family matters. At the lowest tier are justices of the peace and courts of first instance specialized in administrative, civil, criminal, customs, juvenile, and labour cases. Although the hierarchy, all of them are functionally and structurally impartial, that is, the tribunal should not be interested in the object of the particular case, and the higher tribunal does not impose a behaviour nor precedent to the lower ones. There are also separate courts for auditing, elections and the military.
The system of orders, decorations and medals of Uruguay consists of both military and civilian honours presented by the authorities of Uruguay with the purpose of recognising and rewarding actions or services considered praiseworthy.
The First South American Congress of Private International Law was an international congress on private international law and an ad-hoc codifier forum of international conflict of laws treaties held in Montevideo from 25 August 1888 to 18 February 1889, in which eight treaties and an additional protocol were passed that covered practically all the subjects of conflicts of laws of that time. These were one of the first treaties on conflict of laws to come into force in the world.
The Convention on the Exercise of Liberal Professions of 1889 is a treaty signed in the First South American Congress of Private International Law of 1889 in Montevideo, by which allows holders of an academic degree obtained in a public education institution of a state party to automatically validate their degrees in another state party without any requirement other than displaying the degree and prove that its owner is the one who is asking the validation. This treaty binds Argentina, Bolivia, Colombia, Ecuador, Paraguay, Peru and Uruguay.
Nicaraguan nationality law is regulated by the Constitution, the General Law for Migration and Foreigners, Law No. 761 and relevant treaties to which Nicaragua is a signatory. These laws determine who is, or is eligible to be, a citizen of Nicaragua. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Nicaraguan nationality is typically obtained either on the principle of jus soli, i.e. by birth in Nicaragua; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Nicaraguan nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization or for a foreigner who has provided exceptional service to the nation.
Ecuadorian nationality is the status of being a citizen of Ecuador. Ecuadorian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Ecuador; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Ecuadorian nationality. It can also be granted to a permanent resident, who has lived in Ecuador for a given period of time, through naturalization.
Panamanian nationality law is regulated by the 1972 Constitution, as amended by legislative acts; the Civil Code; migration statues, such as Law Decree No. 3 of 2008; and relevant treaties to which Panama is a signatory. These laws determine who is, or is eligible to be, a citizen of Panama. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Panamanian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Panama; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Panamanian nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.
Aeronautical Law Code was a legal code that codified the rules about aeronautical law matters in Uruguay. It was promulgated on 3 December 1942 and came into force on 3 March 1943. It was repealed by the 1974 Aeronautical Code, which superseded it and updated Uruguayan laws on aviation.