Civil code of Argentina - Knowledge (XXG)

715:"Catholic people, such as the people of the Argentine Republic, would not be able to contract civil matrimony. For them it would be an endless concubinage, condemned by the religion and customs of the country. Any law that would authorize such matrimonies, in the present state of our society, would ignore the mission of the laws, which is to keep and strengthen the power of customs, not to weaken and corrupt them. It would give incentive to Catholic people to ignore the precepts of their religion, without a beneficial result for individuals or families. 127: 1178:"The natural children have the right to be recognised by the father of mother, or to be declared as such by the judge, when the parents denied them as being their children, admitting in the paternity of maternity investigation all the proofs that are admitted to prove the facts, and that concur to demonstrate the natural paternity. Not being in the possession of this state, this right can only be exercised by the children during the lifes of the parents" 1416:, the limitation of the absolute character of the property, the generous repairing of moral damage in the contractual and extra-contractual civil responsibility, the possibility of reducing the compensation in the forced crimes, the solidarity of the co-authors of forced crimes, the automatic delay as a rule in obligations with deadlines, the implicit resolutory condition in contracts, the registry inscription as publicity for the transmission of 1116: 1388:, Abel Fleitas, José López Olaciregui, Dalmiro Alsina Atienza and Alberto Spota; although after the resignation of the last three, only the doctors Bidau, Fleitas and Martínez Ruiz formed the project. Borda occupied at that moment the position of Interior minister, but that didn't stop him from contributing to the project, as the elevation note established, giving " 217:

of April 22, 1968. Not only did the law change around 5% of the complete article, it is especially important due to the change in orientation regarding some regulated institutions. There were also other reform projects that were not implemented. Along with proposals to change institutions and methods, one of them proposed to merge the civil code with the

1081:, had many errors, and the numbering of the articles wasn't done with the work as a whole, but independently in every tome. This numbering method resulted very useful at the time of its writing, as the addition or suppression of new articles required minor touch-ups in the group of articles, but once printed was inefficient. 1089:"...I want to ask you for the ardous service of reading with utmost care the three last books and correcting in them the printing mistakes or replacing and erasing some words that may be missing or have no need to be there. I insist that you do me this favor with all your powers so the official version be good" 711:, taking the institution of canonical marriage and giving it civil effects. But the validity of matrimony was unchanged from the canonical version and the dispositions of the ecclesiastical courts, which would remain until the sanction of the law of civil matrimony. About this, Vélez Sársfield expressed: 1550:

The used method contains a Preliminary Title, which consists of three chapters with the general resolution, norm on private international law, and the computation of time periods. Divided in five books, Book I deals with the general principles, the persons, property, facts and juridical acts; Book II

1546:

The draft contained 1,839 articles, a very small number in comparison with the present Civil Code and other previous projects. Such synthesis was achieved by omitting the repetition of general principles, and defining only the differences to those general principles in the description of the code for

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the article text, as can be seen in the text of articles 2.311 and 2.312 and the footnote to the former. Some of these errors are attributable to the codifier, but others are likely due to circumstances beyond his control. There are instances where Vélez Sársfield reworked an entire title or modified

937:

This book is divided into three sections. The first deals with the obligations in general and their limits. The second, talks about the judicial acts and doings that produced the acquisition, modification, transfer and lose of the rights and obligations. Finally, the third deals with obligations from

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The influence of this legislation regarding its method and technique was practically null, what can be understood due to the dispersion that characterized it. Nevertheless, on the material, and the sense and reach of the dispositions, Vélez did make use of the old Right, adopting it to the new needs.

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Parliamentary bodies, due to their composition and functioning, lack the capacity to undertake the study and analytical debate related to a scientific task of such a delicate systematic nature as a Code. It can only be expected that such debate will become inorganic and endless, and that in the case

216:

In spite of the stability brought by the civil code to the Argentine law system, it was subject to various modifications throughout its history, as was necessary to adequately regulate a society undergoing significant social, political and economical changes. The most important reform was Law 17.711

1508:

The commission utilized the first draft edited by Bibiloni, but expanded it into a draft law which had great differences with Bibiloni's. Once finished with the first draft, the commission designated Lafaille and Tobal as editors, who sometimes disagreed with what was decided by the commission, and

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to examine it. The Faculty designated a commission, who after the investigation determined that the project introduced reforms in the law doctrine. After asking for a competence extension, the Commission proposed this modifications in 1903, although the project was never dealt with by the Congress.

999:

But it must be recognized that with absolute right to property, comes the right to destroy property. Any preventive restriction would cause more harm than good. If the state acts as an arbiter of abuse, soon it will begin to act as arbiter of use, and any real notion of private property and liberty

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prepared to rectify, by means of a law project presented in 1878 that noticed 29 new errors. As this project passed through the commissions of the Chambers of Deputies and Senators, the number grew up as far as 285. This 285 errors are the ones that the Law No. 1196 corrects, sanctioned August 29,

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The Chamber of Deputies approved the project on September 22, 1869, after rejecting various alternate version and objections to its being passed without amendment. The chamber determined that it would become effective on January 1, 1871. It then passed to the Senate, which ratified it on September

1870:

The word 'things', in its common flexible and imprecise usage, in fact encompasses everything that exists, not only objects that can be owned by a person, but everything in nature that cannot be owned in an exclusive manner: the sea, the air, the sun, etc. But as it pertains to private rights, we

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The resulting committee was formed by Roberto Repetto, Julián Pera, Raymundo Salvat, Juan Bibiloni, Héctor Lafaille, Enrique Martínez Paz, Juan Carlos Rébora, José Gervasoni and Rodolfo Rivarola. This committee suffered a few changes, as Salvat resigned and was replaced by César de Tezanos Pinto,

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fixed the exchange-rate between australs and dollars, and introduced some reforms to the Civil Code's regime. This law, No. 23,928, allowed to convene that the agreed obligations in a foreign currency were to be resolved only in the stipulated currency. This reforms survived the abandoning of the

996:

Absolute right to property: The right of private property allows one to use, enjoy, and even destroy something owned, but there are certain limitations imposed on the reach of this right, and jurisprudence establishes restrictions, based on the aforementioned Article 953. The justification of the

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The codification in Argentina was part of a process being undertaken around the world, due to the advantages that such a systematic approach granted. Indeed, there had been earlier codifications; those completed toward the end of the 18th century and the beginning of the 19th century had a strong

212:

Approval of the Argentine civil code was necessary for judicial reasons and political reasons. It gave a new coherence and unity to civil law. The civil code's authority over provincial law improved the inconsistent existing legislation throughout the country at the time. This unity and coherence

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As Vélez Sársfield moved forward with his work, he would send it to the executive branch, which would then print and distribute it among the legislators, magistrates, lawyers and "competent persons, to allow them to study the work now and build an opinion of it for the time of its ratification".

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Argentina had been attempting without success to join the codifying movement in vogue at that time in some of the world's most powerful nations. The creation of the code would bring several advantages to the legislation that was at that time characterized by its dispersion, and consequently, its

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to dictate the Civil, Commercial, Penal, Mining and Work, and Social Security codes. Because of this, part of the doctrine sustained that the Constitution obstructed the legislative unification. Nevertheless, the authors argued that it is not written in which way it should be done, be it by one

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Sovereign will principle: The terms specified in contracts should be respected as if they were law, insofar as the exercise of a right would not constitute an illicit act. However, jurisprudence has established restrictions on this principle, as specified by Article 953, in the so-called "moral

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notion that all law should be condensed and comprehensively written in a code was challenged by social, economic and political mutations which imposed a need for the text to be constantly updated. One of the issues that divide the doctrine on this subject is the question of whether it is more

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sent a note to the Congress on August 25, 1869, proposing the law that would ratify the project of the Civil Code. In the message, Sarmiento recommended immediate implementation, "entrusting its reform to the passage of future laws that will be enacted as experience dictates their necessity".

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In the State of Buenos Aires, an initiative to launch a Civil Code suffered the same fate. On October 17, 1857, a law was passed that authorized the Executive Branch to spend the necessary funds to compile the Civil, Criminal and Procedural Codes, but the initiative was ultimately frustrated.

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There were also reasons of judicial nationalism that were motives for its creation, since it was considered necessary to reaffirm the political independence obtained decades before through legislative independence. The legislation most influential on Argentine law was until then the Spanish

1867:

In article 2.311 "things" are defined as "physical objects to which a value can be assigned", while the definition of "goods" in article 2.312 includes "things" and "nonmaterial objects to which a value can be assigned". However, in the footnote to article 2.311 the following is specified:

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Law No. 17,711 was sanctioned on April 22, 1968, and came into force on July 1 that same year. This law affects approximately 5% of the Civil Code articles (200 articles in whole), but its importance transcends numbers, as it changes some of the backbone criteria of the established regime.

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in 1859, but remained unfinished after completion of article 4,908, without reaching the inheritance section. In spite of this, it was one of the most frequently consulted works by Vélez Sársfield; the first three books of the Argentine Civil Code contain more than 1,200 articles from the

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Until recent times, the Civil Code has only been partially reformed, the most notable reform effort being that associated with Law 17.711. Nevertheless, there have been several projects to replace the Code completely, including one that went so far as to attempt to merge it with the

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In August of that year, Dr. de la Plaza and Dr. Prado reported that they had found 1,882 differences between the two texts, but due to the intrascendencia of many of these alterations, they concluded that the new edition of the code was not contrary to that sanctioned by Congress.

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Method is of crucial importance in a codification work, due its systematic nature, and to the vastness of the subject. Hence it is important to regard and direct man's behavior through general and specific formulae that find their appropriate place among the assembled articles.

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The Civil Code of Argentina has a unique feature, which is the inclusion of footnotes with the articles, in which Vélez Sársfield explains the origin of, and principles governing, the positions adopted, sometimes citing or inserting laws and paragraphs from a source treatise.

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For those who do not profess the Catholic religion, a law that gives marriage a religious characteristic does not attack in any sense the freedom of cult, for the law doesn't force anyone to renounce their beliefs. Each one can invoke God from the altar of one's own cult."

1516:, in which it deals with people, the facts, the things, the practising of the rights and the prescription; and four books in which it deals with the family, the obligations and their sources, the real rights and the succession, and finally it features a law of registries. 1390:

evidence of the valuable and effective collaboration made by the minister of Interior, the doctor Guillermo A. Borda, who dedicated long hours to the deliberations (of the Commission), in spite of the multiple tasks due to the official duties of the position he currently

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of the passage of proposed amendments the coherence of the general system will be ruined, through the failure to recognize that the main advantage of codifying efforts resides in the methodizing of the law, which allows the maximum usefulness to be obtained from it later.

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would bring two important benefits: it would facilitate both the people's knowledge about the law, as well as its application by judges, the legislation would also strengthen the political independence of the country, through legislative independence and national unity.

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The whole of the articles of the project is relatively brief; it had 2,144 articles. Each article grouped in several paragraphs the solution to the issues related with the subject that was dealt with in the article, which made them dense but facilitated their study.

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But all the corrections were not limited to merely formal adjustments: some of them introduced changes in the doctrine of the Civil Code edited by Vélez Sársfield. This is the case of the alteration introduced in the article 325, in whom it was added as a requisite

1084:

Because of this, President Sarmiento insinuated to the codifier the necessity of making a new version that included the typos corrections. Veléz Sársfield accepted this proposition, and commended this correction work to his cousin Carlos Carranza through a letter:

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created a committee for the "unification of the civil and commercial legislation", designing Héctor Alegría, Atilio Alterini, Jorge Alterini, Miguel Araya, Francisco de la Vega, Sergio Le Pera and Ana Piaggi as advisors, to whom would later join Horacio Fargosi.

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In 1966 the State Secretary Office of Justice designated a commission to evaluate a reform to the Civil Code, without determining whether it should be total or partial. In the beginning the commission was made up of Roberto Martínez Ruiz, José Bidau,

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The national legislation had little relevance on private law, though it did partially influence on the work of the Coder. Such is the case of the hereditary vocation of the article 3,572, whose antecedent is the law dictated by the legislature of the

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was composed of the laws sanctioned by the provincial and national governments. These laws were of considerably less importance compared to the Spanish legislation and weren't altered, confirming the principle according to which the political

1285:, which cannot been executed by a debt subsequent to the constitution as such. Another special feature of this law is that in its article 31 implements for the first time in the Argentine legislation the divorce, as part of the fight between 778:

The ‘’Consolidation of the civil laws’’ sorts in 1,333 articles the material of the Portuguese legislation, that contained the same dispersion present in the Spanish legislation in use in the Americas. His "Draft" was commended to him by the

1013:, and parentage was classified according to origin, either from within marriage or outside of wedlock. Children born out of wedlock were further classified as natural, from adultery, from incest, or sacrilegious. This framework excluded non- 253:

influence on the compilation of the Civil Code of Argentina. Stemming from these, there were separate attempts at civil codification in the Argentine republic during the first half of the 19th century, but it was finally achieved in 1869.

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Doctor Bibiloni was commissioned the writing of the draft, which would serve as an orientation for debates. Bibiloni finished in six years, but while he was working different books with the same purpose were being published, similar to

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Vélez Sársfield finished Book I in 1865, the first two sections of Book II in 1866, the third section of that book at the beginning of 1867, Book III in 1868, and Book IV in 1869, finishing the code after 4 years and 2 months of work.

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The presence of these notes stems from a request from the Ministry of Justice, that he annotate each article and its conformity to or divergence from laws currently in force in the country, as well as those of the major world powers.

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This was the first project for integral reform of the Civil Code, which took place in 1926. This project was begun by the Law No. 12,542 and then expanded by 13,156, which established a committee formed by a member designated by the

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Finally, the sanction of a code was hoped to become an efficient instrument for the consolidation of the national unity that had been expensively obtained only a few years earlier. The unification could have been damaged if the

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issued a decree appointing one commission charged with compiling the Commercial Code and another charged with compiling the Military Code, but neither of these two projects' efforts came to fruition. In 1831, the Legislature of

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transmitted by "tradition", as opposed to the French code, which had changed it to transmission by "consentment". Moreover, among the notes of the codifier there are quotes of those laws, but they are second-hand references.

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or from any Roman jurist's passage. Nevertheless, Vélez Sársfield returned to the Roman criteria in some institutions' regulations, even those that hadn't been addressed by the contemporary codification. That was the case of

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and introduced the new dispositions without altering the numbering of the non-modified articles. At the end of the task, the project was sent to the national government, who in turn passed it to the Faculty of Law of the

1074:"" (The Argentine Nation) in 1865, while the rest of the installments were printed by Pablo Cini in 1866, 1867, 1868 and 1869. During 1869 Vélez trusted Coni with the reprinting of the first book, to maintain homegenity. 1149:

However, public opinion was not amiable with this solution, as it declared official a text only nominally approved by the Congress and had a great amount of misprints besides. This last problem was what the senator for

316:, who sent it to the legislature for its approval. The Commercial Code of the State of Buenos Aires was finally passed in 1859, and it was this code that was adopted at the national level in 1862 and amended in 1889. 632:

The indirect Roman influence is reflected in the most part in the doctrines used by the author, especially as regards patrimonial structures. The main influence on the work of Vélez Sarsfield was the German Romanist

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Sales of real estate by installments or sales of fractioned real estate: The Law No. 14,005 regulated the sale by installments of sets of estates, in order to guide the buyers. It was later modified by the Law No.

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must limit the scope of the word to those privately held goods that can be assigned a value. Thus, all goods are things, but not all things are goods. A 'thing' is a generic type, and a 'good' is a subtype thereof.

432:(1826), and the suppression of gentilic retract (1868), that gave the right to re-acquire family real estate sold to a stranger to the nearest relative of the original vendor (up to the 4th grade of kinship). 1599:

At the end of 1991 the law was sanctioned with no modifications by the Senate, but later the Executive Power, considering it inadequate to the new political and economical situation, decided to veto it.

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city, where he wrote the drafts that his assistants transcribed. The final transcript was delivered to the government for its printing, and was later destroyed. The drafts can currently be found at the

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in the main estate (dictated by Buenos Aires on September 16, 1859), about books of births, matrimonies and deaths, being the parish priests in charge (dictated by Buenos Aires on December 19, 1821, by

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created a commission of 14 members for the compilation of the Civil, Penal, Commercial and Procedural Codes. However, the revolution of September 11 of that year, which resulted in the secession of the

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Regime about minors and family: Law 14,394 of December 30, 1954 modifies the penal regime of the minors, the minimum age to marry, the simple absence and the decease presumption, and incorporated the

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The Law 1,196 also established the making of a new edition that included the corrections stated in that law. Abiding that disposition, in 1883 the third edition of the Civil Code was made, known as

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The first law of Errata was the law No. 527, that sanctioned what the Executive could propose for the new edition of the Civil College New York law, which could introduce a correction of 24 titles.

669:"Had Dr. Alberdi gone at least lightly through my project, he would have found that the first source I make use of at the laws that rule us. The biggest number of articles have a note on the law of 931:

This book is dedicated to the people. Its first section "Of the people in general", deals with the persons themselves, and the second, "On personal rights in family relationships", with the family.

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Although not all the doctrine agreed then with the changes made by the law, which gave it many criticisms, time proved that the reform was an important advance in the Argentine civil legislation.

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Marks and brands: This regime, used for livestock identification, was incorporated to the legislation by means of Law No. 22,939 of October 6, 1983. Previously it was regulated by the rural codes.

544:, who later would become president, Eduardo Díaz de Vivar and Vélez Sársfield's daughter Aurelia. For the task, Vélez Sársfield withdrew to a country house he owned, located a few kilometers from 925:

the Civil Code begins with two preliminary titles. The first title deals with the laws and elaborated a "general theory of the law". The second refers to the way of counting the intervals in law.

1596:, where a temporary commission was formed, which made several reforms, but didn't arrive to a conclusive judgement since its duration was not renovated after the originally intended six months. 304:

a law that would empower the Executive Branch to appoint a commission to complete those tasks. The law was passed and signed by Urquiza, but for financial reasons the initiative was postponed.

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The influence of this code in the Coder movement proved very important, and the Civil Code of Argentina did not escape from this influence, being in a direct way or through his commentators.

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was inspired by contemporary and older codes, by national and international law, and to a large extent by the prevailing doctrines of the period. These sources can be classified as follows:

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in 1867: the law produced a popular reaction that ended with the resignation of the governor and the dissolution of the legislature house, which annulled the law when it was reconstituted.

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Once he finished the gathering process, Vélez Sársfield was criticized for ignoring the Spanish legislation, which by the time was the one in effect in Argentina. One of these critics was

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and Aurelio Prado were appointed to compare both versions and report on the existing differences. While they were doing so, on January 1, 1871, President Sarmiento's decree declared the

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and Frédéric Charles Rau, specially the third edition published in Paris between 1856 and 1858, of which the Coder took several passages that he used in around 700 articles. The work of

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standpoint. In them the codifier states the problem, summarizes the arguments and chooses a solution, always in a succinct manner. As a result, the Code became a veritable treatise on

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Law about children born inside and outside marriage: Law number 14,367, approved on October 11, 1954, partially removed distinctions between children born inside and outside marriage.

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a rule without altering the footnotes pertaining to the original edition. In this manner, for example, all the footnotes in Book IV were brought directly from the original drafts by

2020: 1951: 1739: 1687: 989:. Article 1067 establishes that no punishable illicit act exists where there has been no harm caused, or exterior action that could cause harm, and without the ability to impute 1332:

Filiation and paternity authority: Law No. 23,264 of September 25, 1985 compares the children born outside marriage at the same level to those born within, and establishes that

887:

According to Freitas's ideas, it is convenient to commence a Code Law by the general dispositions, then address the ones referred to the subject of every legal relation ("

587:

The endorsement of the Civil Code represented a great improvement over the previous legal regime, and fused modern advances in doctrine with local customs and active law.

1275:

Land registry and prescription: On October 3 the Law No. 14,159 was sanctioned, establishing rules about the cadastre and the acquisition of real estate by prescription.

915:, that, as referring to the rights as a whole, it was considered appropriate to locate it in a section inside the common dispositions to the real and personal rights. 1070:

The project drawn up by Vélez Sársfield was printed as the author was sending the different books to the government. The first book was printed by the press called "

728:

This resolution by Vélez Sársfield is explained by the uses and customs of that time, as it shows the sanction of a law of civil matrimony by the legislature of the

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on real estate, the protection of third parties with good faith sub-acquirants of property or personal rights in case of nullity, the acquisition of age at 21, the

399:(Seven-Part Codes) were more often applied due to their prestige, the extension of the addressed matters, and the further knowledge of them by judges and lawyers. 484:

difficult implementation. The new system would provide mainly a unity and coherence to the civil legislation, and thus it would help it to be known and applied.

1134:'s opposition took advantage of the modifications in the legal code sanctioned by Congress to initiate a media campaign against the government. For this reason 1268:

Law of horizontal property: Vélez Sársfield had forbidden the horizontal subdivision of property, which was overruled by law 13,512 made on September 30, 1948.

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on May 17, 1862); about restrictions and limits to the domains (dictated by Buenos Aires on July 27, 1865, by Jujuy in February 1855 and March 7, 1857, and by

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After the conclusion of editing in 1936, the draft was sent to the National Executive Power on October 10 of that year. The Executive Power sent the draft to

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The direct influence can be shown in the 145 articles copied from the French code. But the main direct influence of the commentators is that of the treta of

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by age abilitation, the extension of the capacity of the working minor, the personal separation by joint proposal and modification of the succession order.

969:

The compilation of the Civil Code was organized around a set of fundamental principles, which were based on ideas in vogue at the time of its compilation:

811:. That code was highly valuated by the Argentine Coder, and it is estimated that he based on it for the formulation of 170 articles of the Argentine code. 2169: 1500:, but also through its commentaries. The code also used the same doctoring tool as Vélez Sársfield, the inclusion of footnotes to establish resolutions. 1192:

edition for the name of the workshop who did the printing. This edition includes an important modification, being that the articles are number as whole.

1980: 1099:

The printing was trusted by Sarmiento to the Argentine minister in Washington, D.C., Manuel García, while the rest of the task was given to the company

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they managed to finish the draft in 1936. In spite of the changes made, the draft was signed by the editors and by Repetto, Rivarola and Martínez Paz.

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while Pera, who ascended to the position of minister of the Supreme Court, was replaced at first by Mariano de Vedia y Mitre and then by Gastón Tobal.

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The Project was closed-book endorsed, that is it was accepted without changes to the original, which according to Llambías did not require any debate:

158:, as the culmination of a series of attempts to codify civil law in Argentina. The original code was approved on September 25, 1869, by the passage of 2360: 540:

Vélez Sársfield redacted the Project for the Civil Code without collaborators other than assistants that would transcribe his drafts. Among them were

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Name: The regulation of people's names was addressed as usually by the codifier, as the decrees 11,609/1943 and 410/1946 regulated this institution.

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had kept their own laws, or had independently sanctioned new ones to fix the inadequacies in the Spanish one instead of doing it in an unified way.

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Right of private life: On September 30, 1975, Law No. 21,173 was sanctioned, which included the article 1071 bis on the code regulating said right.

2134: 2460: 2450: 1635: 2233: 2386: 2213: 2208: 2006: 950:

This book contains a preliminary title about the transmission of rights in general. It then has three sections: the first about successions

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adopted the Spanish Commercial Code compiled in 1829 and created a commission to see to any reforms to it that might be necessary. In 1852,

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Foundations: Foundations had a void in the code, until Law No. 19,386, which came into effect on September 25, 1972, regulated the regime.

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The changes in these laws were made by the court system or by legislative reform, and the ones listed here are only the most influential.

864:

Vélez Sársfield dedicated much effort to the selection of an adequate method, and after receiving objections to the use of the methods of

162:, and became active on January 1, 1871. With numerous subsequent modifications, it continued to be the foundation of Argentine civil law ( 241: 2777: 2555: 2470: 2345: 2320: 2182: 1955: 1743: 1691: 1478: 1343: 473: 461: 260:, since it was not possible to continue under the uncertainty caused by the inadequate code that existed under the rule of the Spanish. 1561: 1551:

with the family, Book III deals with inheritance; Book IV with the obligations and Book V regulates the real and intellectual rights.

1524: 550: 293: 796:

Vélez Sársfield also used a number of different Codes and doctrine works that had a secondary influence in the Argentine Civil Code.

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dictated on May 22, 1857. Vélez had also in mind the uses and customs of the country, especially regarding the family organisation.

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Name of physical persons: The existent regulations about the name were replaced by Law No. 18,248, promulgated on October 28, 1968.

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that overthrew Perón, this reform was suspended by the order in council 4070/1956, and later substituted by the law 23,515 in 1987.

619:

Roman law was not a direct influence on the civil code in the sense that none of its dispositions were directly extracted from the

526: 435:

Other various laws and provincial decrees modifying different institutions existed, as the emancipation by age rating (dictated by

2310: 2278: 1339:

Civil marriage: Law No. 23,515 modifies the matrimony regime, and reestablishes the divorce, which had been suspended since 1956.

845:. That project held 3,000 articles, and it's calculated that it helped in the formulation of 300 articles of the Argentine Code. 755:

he took 52 articles for book IV and 9 for book III, from Chabot he used 18 articles for book IV, and from Zachariae 70 articles.

325: 301: 2013: 2726: 2532: 2433: 2263: 2238: 2198: 1543:

was the head of the project, with Roberto Ponssa, Jorge Mazzinghi, Jorge Bargalló Cirio and Ricardo Alberdi as collaborators.

2455: 2401: 2340: 2162: 1592:

On April 22, 1987, the project was raised, and on July 15 sanctioned by the Chamber of Deputies. The project moved on to the

1042:, which proved to be quite useful, as the bibliographic material available at the end of the 19th century was not plentiful. 289: 26: 1490: 596: 519: 476: 309: 155: 166:) for more than a century. On 1 August 2015, the Civil Code of Argentina was replaced by a new Civil and Commercial Code - 2721: 2589: 2537: 2248: 2218: 1585: 1560:

coup d'état, the project never reached legislative treatment, and remained inedited until 1968, when it was edited by the

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to appoint commissions in charge of writing the projects for the Civil, Penal, and Mining Codes and Military Ordinances.

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This was necessary because when the first copies of this edition arrived in the country at the end of 1870, President

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law: The original civil code did not regulate adoption. On September 23, 1948, law number 13,252 created regulations.

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to draw up the Civil, Commercial, Penal and Mining Codes. With the intent of fulfilling this constitutional mandate,

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Women's civil right's law. On September 14, 1926, law number 11,357 provided more legal rights for married women.

751:

provided the material for 50 articles related to the testament inheritance, and others for the real rights. From

359: 278: 2621: 2616: 2508: 2428: 2315: 2038: 849: 336:

Until the sanction of the Code, the Argentine legislation was based on the Spanish legislation previous to the

313: 257: 174: 147: 1413: 273: 245: 2101: 411:

lets endure the previous private Law until the new State arranges otherwise, in exercise of its sovereignty.

2751: 2601: 2406: 2091: 2066: 2046: 1540: 2071: 2051: 982: 351:

of 1805 did not have application before the revolution. The New Compilation contained laws coming from the

256:

The unification of the country and its political growth and strengthening demanded the codification of the

2626: 2611: 2575: 2465: 2396: 2288: 2081: 2076: 2056: 1621: 1474: 1151: 1054:

without any of the pertinent modifications. That said, one should keep in mind that during the editing of

912: 533: 497: 444: 2663: 2565: 2374: 2096: 2086: 1358: 1135: 1051: 1014: 689: 662: 541: 529: 457: 436: 348: 222: 1286: 748: 2817: 2770: 2711: 2683: 2570: 2513: 2496: 2305: 2228: 2223: 2190: 1385: 1253:. On November 12, 1888, law number 2,393 provided the right of civil marriage, effective immediately. 620: 297: 819: 707:, especially in the area of matrimony. Vélez Sársfield left matrimony under the jurisdiction of the 2696: 2273: 2112: 2061: 944:

This book talks about real rights, dealing with things themselves, or in relation with the persons.

908: 504: 440: 1154: 952: 822:

for the Sardonic States, of the legislative Russian consolidation, the Code of Parma, the Code of

488:

legislation, sanctioned centuries before, primarily because national law had minimal influence on

2786: 2746: 2741: 2731: 2716: 2673: 2606: 2203: 1639: 896: 838: 804: 453: 263:

Before the Civil Code, there had been several attempts to this effect, without success. In 1824,

202: 1222:

convenient to make partial reforms of the code or to completely substitute it with another one.

515: 353: 308:

However, the Commercial Code had better luck. The task of compiling that code had been given to

891:"). But, as men don't live isolated but in their family's bosom, it must be continued with the 2701: 2631: 1497: 729: 1493:'s bill. Because of this, the committee had started to have debates since 1926 and not 1932. 649:

principle as a determining element of the law, applicable to the people's marital status and

2791: 2706: 2440: 1593: 1320: 780: 415: 54: 1045:

It is important to note that the footnotes contain numerous errors and even contradictions

464:

on August 27, 1868); and of the renting of fields (dictated by Santa Fe on July 31, 1837).

2243: 1458: 1401: 1304:

and made compulsory the registry of the legal businesses which transmitted their property.

1290: 1246: 1171: 1039: 1017:, who had only gained the right to marry in 1888, with the reform imposed by Law N° 2.393. 873: 800: 708: 642: 608: 514:

Even though the law allowed for the creation of commissions of several persons, president

508: 178: 895:. Then the individual enters the civil life and establishes links person-to-person: the " 808: 347:

The Spanish legislation in use in the country was the New Compilation of 1567, since the

206: 997:

right to destroy property is established in the following note found in Article 2.513: "

2547: 1986: 1242: 1035: 831: 752: 670: 650: 646: 448: 422:) and of the slaves entering the territory (1813), the suppression of entailed states ( 337: 329: 87: 1496:

This draft has a great influence in German judicial science, not only directly in the

976:

The object of legal compacts should be acts that are not contrary to respected custom.

848:

Finally, Vélez used 27 articles from the 1851 project for the Uruguayan Civil Code by

2806: 2268: 1838: 1196: 900: 827: 744: 1535:

The draft for the Civil Code was written in 1954 by the "Institute of Civil Right" (

1329:

Law of blood: Law No. 22,990 of November 20, 1983 regulates the uses of human blood.

1107:, maintained the numbering depending on each tome, and wasn't free of typos either. 1454: 1421: 1417: 1139: 957: 904: 823: 545: 408: 269: 1218: 1115: 986: 865: 489: 429: 378: 364: 363:(the Code Law Reordering of Alcalá), the Reordering of Montalvo and the Laws of 177:

and liberal principles of the 17th century. It was also influenced by the great

1998: 1612:- was approved in 2014 and entered into force in 2015, replacing the old code. 1183:

Argentine Civil Code, article 325 before its modification by the Law No. 24.779

678:

Cabral Texo, Jorge. "Juicios críticos sobre el Código Civil argentino", p. 249.

240: 2641: 2029: 1409: 1103:, who had quoted $ 2,000 less than other firms. This edition, renowned as the 1006: 892: 704: 472: 232:

was approved in 2014, and entered into force in 2015, replacing the old code.

139: 1351:

Convention about the Elimination of all kinds of Discrimination against Women

2258: 2178: 815: 700: 611:

and its commentaries, the work of Freitas, and various other minor sources.

604: 600: 424: 190: 182: 151: 2253: 1349:

Elimination of all kind of woman discrimination: The ratification of the

1262: 1010: 990: 625: 388: 1310:

Adoption: The old law was replaced by law number 19,134 on June 3, 1971.

956:, the second about privileges and right of keeping, and the third about 503:

On June 6, 1863, Law No. 36, sponsored by deputy José María Cabral from

1371: 1366:

Law of escrow and leasing: Law No. 24,441 incorporated the contract of

1300:

Registry of motor vehicles: The order in council 6582/1958 created the

525: 2147: 1952:"Comienza a regir el nuevo Código Civil y Comercial - Diario Jornada" 1740:"Comienza a regir el nuevo Código Civil y Comercial - Diario Jornada" 1688:"Comienza a regir el nuevo Código Civil y Comercial - Diario Jornada" 1405: 1400:

Among the most important changes, this reform included the theory of

1367: 888: 118: 324: 767:

came from two of his works: the "Consolidation of the civil laws" (

142:

in force between 1871 and 2015, which formed the foundation of the

1926:"InfoLEG - Ministerio de Economía y Finanzas Públicas - Argentina" 1714:"InfoLEG - Ministerio de Economía y Finanzas Públicas - Argentina" 1662:"InfoLEG - Ministerio de Economía y Finanzas Públicas - Argentina" 1199:

ordered a new edition that eliminated the articles revoked by the

1114: 665:, who was refuted by the modernizing critic and by Vélez himself: 524: 471: 323: 239: 1323:

was determined by Law number 21,541, approved on March 18, 1977.

645:, obligations, property and possession, and the adoption of the 2151: 2002: 911:" and the "theory of privileges". To end, the institution of 1374:, which meant a great advance for the Argentine legislation. 1062:

many modifications from the original text were accumulated.

818:, in which he based for the creation of 52 articles, of the 285:, prevented this project from making any concrete progress. 1445:, another member by the National Academy of Legal Science ( 1412:

principle as the rule for interpretation in contracts, the

1342:

Pact of San José, Costa Rica: Law No. 23,504 ratified the

837:

Vélez Sársfield made also use of the 1851 project for the

1162:, though it was the second of its kind to be sanctioned. 1123:

pressed for the correction of mistakes in the civil code.

569:

25, and it was promulgated by Sarmiento on September 29.

1782:

Decree dated June 23, 1865. Cabral Texo (1920). ps. 130.

1642:, which was accessed in the version of February 2, 2007. 181:, the Spanish laws in effect at that time in Argentina, 876:, he decided to use the one followed by Freitas in his 903:". Finally it must be legislated about the theory of 830:

Code of 1874, the Austrian Code of 1811, the Code of

173:

Vélez Sársfield's code reflects the influence of the

1886:. Buenos Aires: Editorial La Facultad. T. 2, p. 149. 918:

Thus, the Civil Code organisation is the following:

2682: 2588: 2495: 2373: 2287: 2189: 2110: 2037: 1584:In 1986, the General Legislative Commission of the 384:

4th Fuero viejo de Castilla (Old Fuero of Castile),

104: 96: 86: 78: 68: 60: 50: 42: 32: 25: 20: 899:", or person-to-the-things submitted to him: the " 1512:As far as its methodology, the draft contained a 637:with his work "System of the present Roman law" ( 248:administration many projects were driven forward. 673:, of the Royal Forum, of the recopilated ones. " 1176: 1170:the state of natural son to start an action of 1087: 713: 667: 574: 1608:After decades of deliberations, a new code - 880:, which finds its origins in the teachings of 771:) and his "Draft of a civil code for Brazil" ( 2163: 2014: 292:, in clause 11 of article 67, authorized the 8: 2136:South Georgia and the South Sandwich Islands 1363:convertibility regime by the Law No. 25,561. 1302:National Registry of Motor Vehicles Property 1009:was grounded in the concept of indissoluble 852:, as well as some references for his notes. 807:, promulgated on 1855 and written by lawman 130:Congress building in Buenos Aires, Argentina 1839:"Biblioteca del Congreso Nacional de Chile" 1449:), designated by each of the Civil Courts ( 1005:Family grounded in indissoluble matrimony: 723:Note on article 167, Código Civil Argentino 522:, through a decree dated October 20, 1864. 2594: 2501: 2379: 2293: 2170: 2156: 2148: 2021: 2007: 1999: 536:, was one of Vélez Sársfield's assistants. 518:decided to put a single person in charge, 320:Legislation in force prior to its sanction 1539:), dependent on the Ministry of Justice. 1346:which sought to consolidate human rights. 447:on March 10, 1866); the determination of 193:, the draft of the Brazilian civil code ( 1461:and another by the department of Right ( 1245:law: The original civil code denied non- 125: 1653: 1447:Academia Nacional de Ciencias Jurídicas 228:After decades of deliberations, a new 17: 1610:Código Civil y Comercial de la Nación 1604:Código Civil y Comercial de la Nación 230:Código Civil y Comercial de la Nación 195:Esboço de um Código Civil para Brasil 168:Código Civil y Comercial de la Nación 7: 1319:Transplants: The national regime on 803:, the most influential code was the 773:Esboço de um Código Civil pra Brasil 639:System des heutigen römischen Rechts 2239:Dreadnought race with Brazil, Chile 1764:Zorraquín Becú (1952). ps. 60 y ss. 1344:American Convention on Human Rights 1034:The notes are very valuable from a 993:, fault or negligence to the actor. 414:The primary national laws were the 1634:This article draws heavily on the 1568:Project of legislative unification 1465:) of the national universities of 1356:Convertibility Law: The so-called 763:The influence of Brazilian lawyer 507:, was passed, which empowered the 14: 1336:can be exercised by both parents. 560:The project completed, President 1640:Spanish-language Knowledge (XXG) 814:He also made use of the Code of 641:), used especially referring to 582:Llambías (2003). ps. 171 and ss. 185:(especially through the work of 2264:National Reorganization Process 1993:Civil code, history and reforms 1895:Cabral Texo (1920). Ps. 241–249 1562:Universidad Nacional de Tucumán 981:Responsibility based on fault: 551:Universidad Nacional de Córdoba 221:, following the example of the 1576:, at section 12, empowers the 1353:was product of Law No. 23,179. 834:and the Italian Code of 1865. 657:Spanish and native legislation 290:Argentine Constitution of 1853 27:National Congress of Argentina 1: 1791:Cabral Texo (1920), pp. 130ss 1527:, but it was never ratified. 603:, Spanish and Argentine law, 456:on September 7, 1836, and by 443:on September 1, 1860, and by 1987:History of the Argentine Law 1158:1882, commonly known as the 985:was grounded in the idea of 2669:Water supply and sanitation 1884:Historia de Vélez Sársfield 1578:Argentine National Congress 1077:This edition, known as the 878:Consolidaçao das Leis Civis 769:Consolidação das Leis Civis 765:Augusto Teixeira de Freitas 703:had a large influence over 367:. In order of importance: 294:Argentine National Congress 201:, and the influence of the 2839: 1537:Instituto de Derecho Civil 1443:Supreme Court of Argentina 1206:University of Buenos Aires 1174:after the father's death: 1132:Domingo Faustino Sarmiento 1121:Domingo Faustino Sarmiento 1094:Cabral Texo (1920). p. 200 882:Friedrich Carl von Savigny 635:Friedrich Carl von Savigny 562:Domingo Faustino Sarmiento 479:, editor of the Civil Code 357:(Royal Jurisdiction), the 265:Juan Gregorio de las Heras 73:Domingo Faustino Sarmiento 2764: 2597: 2504: 2382: 2296: 1773:Cabral Texo (1920). p. 1. 1547:particular institutions. 595:In his work on the Code, 591:Sources of the Civil Code 439:on November 17, 1824, by 114: 110:Civil and Commercial Code 109: 2823:Legal codes of Argentina 2387:Administrative divisions 1915:Llambías (2003), p. 184. 1491:Dalmacio Vélez Sársfield 1457:, another member by the 1431:Integral Reform Projects 1414:theory of unforeseenness 1142:edition to be official. 850:Eduardo Acevedo Maturana 597:Dalmacio Vélez Sársfield 520:Dalmacio Vélez Sársfield 477:Dalmacio Vélez Sársfield 340:, and on the one called 314:Eduardo Acevedo Maturana 310:Dalmacio Vélez Sársfield 279:Province of Buenos Aires 156:Dalmacio Vélez Sársfield 1882:Chaneton, Abel (1938). 1334:parental responsibility 843:Florencio García Goyena 164:Derecho civil argentino 136:Civil Code of Argentina 21:Civil Code of Argentina 2556:Science and technology 1981:Código Civil Argentino 1812:Segovia (1933). T. 1, 1800:Segovia (1933). T. 1, 1622:Civil Code of Paraguay 1574:Argentine Constitution 1557:Revolución Libertadora 1541:Jorge Joaquín Llambías 1295:Revolución Libertadora 1289:'s government and the 1186: 1124: 1097: 965:Fundamental principles 726: 681: 585: 537: 534:president of Argentina 480: 360:Ordenamiento de Alcalá 344:(Native Legislation). 333: 249: 131: 1636:corresponding article 1581:single body or more. 1463:facultades de Derecho 1136:Victorino de la Plaza 1118: 1052:Victorino de la Plaza 1022:Notes by the Codifier 889:the theory of persons 690:Buenos Aires Province 663:Juan Bautista Alberdi 542:Victorino de la Plaza 530:Victorino de la Plaza 528: 475: 327: 283:Argentine Confederacy 274:Justo José de Urquiza 246:Justo José de Urquiza 243: 129: 2361:World Heritage Sites 2234:Arms race with Chile 1844:. November 27, 2014. 1079:Buenos Aires edition 983:Civil responsibility 758: 735: 621:Corpus Iuris Civilis 420:Libertad de Vientres 371:1st New Compilation, 154:. It was written by 2279:December 2001 riots 2274:Trial of the Juntas 2219:War of Independence 1586:Chamber of Deputies 1195:In 1900, President 1072:La Nación Argentina 923:Preliminary titles: 505:Corrientes Province 300:brought before the 37:Chamber of Deputies 2533:Electricity sector 2204:Colonial Argentina 1572:Article 75 of the 1359:Convertibility Law 1287:Juan Domingo Perón 1201:Civil Marriage Law 1125: 839:Spanish Civil Code 805:Chilean Civil Code 538: 481: 404:Legislación Patria 395:Nevertheless, the 349:Newest Compilation 342:Legislación Patria 334: 328:Front page of the 250: 203:Chilean Civil Code 132: 2800: 2799: 2760: 2759: 2584: 2583: 2491: 2490: 2461:Political parties 2456:National Congress 2402:Foreign relations 2369: 2368: 2229:Generation of '80 2199:First inhabitants 2145: 2144: 2117:other territories 1498:German Civil Code 1321:organ transplants 874:French civil code 730:Santa Fe Province 124: 123: 82:29 September 1869 64:29 September 1869 46:22 September 1869 2830: 2813:Law of Argentina 2780: 2773: 2722:National symbols 2595: 2551: 2538:Economic history 2522: 2502: 2380: 2294: 2172: 2165: 2158: 2149: 2137: 2125:Falkland Islands 2039:Sovereign states 2032:of South America 2023: 2016: 2009: 2000: 1968: 1967: 1965: 1963: 1958:on June 23, 2016 1954:. 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Archived from 1658: 1455:Nation's Capital 1184: 1105:New York edition 1095: 781:Empire of Brazil 749:Raymond Troplong 724: 679: 583: 509:executive branch 428:) (1813) and of 416:liberty of wombs 18: 2838: 2837: 2833: 2832: 2831: 2829: 2828: 2827: 2803: 2802: 2801: 2796: 2783: 2776: 2769: 2756: 2737:Public holidays 2678: 2637:Life expectancy 2580: 2549: 2518: 2487: 2446:Law enforcement 2365: 2283: 2244:Infamous Decade 2185: 2176: 2146: 2141: 2135: 2118: 2116: 2106: 2033: 2027: 1977: 1972: 1971: 1961: 1959: 1950: 1949: 1945: 1935: 1933: 1932:on May 18, 2016 1924: 1923: 1919: 1914: 1910: 1903: 1899: 1894: 1890: 1881: 1877: 1866: 1862: 1853: 1849: 1841: 1837: 1836: 1832: 1824: 1820: 1811: 1807: 1799: 1795: 1790: 1786: 1781: 1777: 1772: 1768: 1763: 1759: 1749: 1747: 1738: 1737: 1733: 1723: 1721: 1720:on May 18, 2016 1712: 1711: 1707: 1697: 1695: 1686: 1685: 1681: 1671: 1669: 1668:on May 18, 2016 1660: 1659: 1655: 1650: 1630: 1618: 1606: 1570: 1554:Because of the 1533: 1514:General Section 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