Das Internationale Privatrecht Kolumbiens

The Private International Law of Colombia. Tradition and Vision. The private international law of Colombia follows in the territorialist tradition of the Chilean Civil Code of 1855, which Colombia adopted in 1873/1887. But Colombia opted for an even more rigid territorialist conception, under which Colombian law applies to all domestic transactions. Colombian nationals abroad continue to be subject to Colombian law as their personal statute inasmuch as their activities have effects in Colombia. Foreign law is entertained only as an exception under a vested-rights theory for transactions concluded abroad. Subsequent legislation has done hardly anything to alter this archaic system despite unabated criticism in the Colombian legal literature. Two recent proposals by Colombian scholars have breathed new life into the discussion. These proposals are based on a bilateral conception of the domiciliary principle and show the influence of modern tendencies in the conflict of laws. This article compares and contrasts the current law with the newly proposed rules and thereby shows the deficits of the existing rules. The new proposals so far have not elicited any official response.