Las decisiones extranjeras de divorcio frente a la exigencia de conformidad con el derecho del foro: el ejemplo chileno y peruano
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Universidad de Granada
info
ISSN: 0041-8633, 2448-4873
Year of publication: 2018
Volume: 51
Issue: 151
Pages: 175-226
Type: Article
More publications in: Boletín Mexicano de Derecho Comparado
Abstract
The institutions are particularly vul-nerable to the negative impact of public order in its substantive aspect. In the process of recognition of foreign judgments of divorce, this exceptional clause is usually identified with situations that have not affected essential principles and values of the fo-rum. This is precisely what happens in Chile and Peru, in which the success of the foreign judgments of divorce is dependent on an identification between the causal applied to the divorce decreed in a for-eign country and the grounds provided for in their respective domestic laws. To avoid the damaging consequences that this behavior generates for the external traffic of these decisions and to reach ac-curate conclusions about its origin, the present study will be addressed on the basis of the information provided by the different sources that link to those States in this area, the treatment of the doctrine and its projection in the local jurisprudence.