Law of Argentina

Last updated

The Legal system of Argentina is a civil law legal system. The pillar of the civil system is the Constitution of Argentina (1853).

Contents

The Argentine Constitution of 1853 was an attempt to unite the unstable and young country of the United Provinces of the Río de la Plata under a single law, creating as well the different organisms needed to run a country. This constitution was finally approved after failed attempts in 1813 (see Assembly of 1813), 1819 and 1831 (Pacto Federal).

Structure of the Law in Argentina

Jacaranda in bloom in Plaza Lavalle, the heart of Buenos Aires' legal district. Buenos Aires - Jacaranda.jpg
Jacarandá in bloom in Plaza Lavalle, the heart of Buenos Aires' legal district.
Constitution of Argentina
  1. Bill of Rights
  2. Form of Government
  3. Delegation of Powers to the National
  4. Precedence of Laws - International Treaties
  5. Provincial Constitutions
Civil Code of Argentina

The first Civil Code was written by Argentine jurist Dalmacio Vélez Sársfield, and came into effect on January 1, 1871 and remained law until 1 August 2015, when it was replaced by a new Civil and Commercial Code - Código Civil y Comercial de la Nación. [1] [2]

The 1871 Argentine Civil Code was largely inspired by the Spanish legal tradition, and also by the Brazilian Civil Code, the Spanish Civil Code of 1851, the Napoleonic code and the Chilean Civil Code. The sources of this Civil Code also include various theoretical legal works, mainly of the great French jurists of the 19th century. It was the first Civil Law that consciously adopted as its cornerstone the distinction between rights and obligations and real property rights, thus distancing itself from the French model.

The new Código Civil y Comercial de la Nación [3] brings many changes, in particular the modernization of family law. [4]

Penal Code of Argentina
Argentine sources of law
  1. Statutory Law
  2. Case Law
  3. Custom
  4. General Principles of Law
  5. Analogy
  6. Equity
Argentine interpretation of legislation
  1. Methods of Interpretation
  2. Sources of Interpretation
  3. Special Rules of Interpretation
Argentine law jurisdictions
  1. Jurisdiction
  2. Competence
  3. Levels of Jurisdiction
  4. Jurisdiction of the Argentine Courts in the International Sphere

See also

Related Research Articles

<span class="mw-page-title-main">Age of majority</span> Threshold of adulthood as it pertains to law

The age of majority, also known as legal age, is the threshold of legal adulthood as recognized or declared in law. It is the moment when a person ceases to be considered a minor and assumes legal control over their person, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word majority here refers to having greater years and being of full age as opposed to minority, the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and are legally forbidden from enjoying certain privileges or rights. There are other exceptions, however, in which also those who have reached the age of majority can be referred to as minors. For example, if a country's age of majority is 18, but the legal drinking age is 21, then a 20 year old would still be considered a "minor" in situations involving buying or consuming alcohol. Another example is the age to consent to sexual activity, that in most of the cases in the world is under the age of majority, however, in other cases it can be even above the age of majority and even in that case the younger part, despite having already reached the legal adulthood, would be still referred to as minor or underage to consent to sexual activity.

The Constitution of the Argentine Nation is the basic governing document of Argentina, and the primary source of existing law in Argentina. Its first version was written in 1853 by a constitutional assembly which gathered in Santa Fe; the doctrinal basis was taken in part from the United States Constitution. It was then reformed in 1860, 1866, 1898, 1949, 1957, and the current version is the reformed text of 1994. It's the seventh oldest national constitution currently in effect being ratified on May 1, 1853.

<span class="mw-page-title-main">Civil code of Argentina</span>

The Civil Code of Argentina was the legal code in force between 1871 and 2015, which formed the foundation of the system of civil law in Argentina. It was written by Dalmacio Vélez Sársfield, 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 Law 340, and became active on January 1, 1871. With numerous subsequent modifications, it continued to be the foundation of Argentine civil law for more than a century. On 1 August 2015, the Civil Code of Argentina was replaced by a new Civil and Commercial Code - Código Civil y Comercial de la Nación.

<span class="mw-page-title-main">Dalmacio Vélez Sarsfield</span> Argentine lawyer and politician

Dalmacio Vélez Sarsfield was an Argentine lawyer and politician who wrote the Civil Code of Argentina of 1869, which remained in force until 2015, when it was replaced by the new Código Civil y Comercial de la Nación.

<span class="mw-page-title-main">LGBT rights in Argentina</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Argentina rank among the highest in the world. Upon legalising same-sex marriage on 15 July 2010, Argentina became the first country in Latin America, the second in the Americas, and the tenth in the world to do so. Following Argentina's transition to a democracy in 1983, its laws have become more inclusive and accepting of LGBT people, as has public opinion.

<span class="mw-page-title-main">Ricardo Lorenzetti</span> Argentine judge

Ricardo Luis Lorenzetti is an Argentine judge graduated from the National University of the Littoral, Argentina, with a long national and international career. He used to be Chief Justice of the Supreme Court of Argentina (2007–2018), proposed by President Néstor Kirchner and approved by the Senate, assuming his position on December 12, 2004, covering the vacancy caused by the resignation of Justice Adolfo Vázquez. On November 7, 2006, he was appointed Chief Justice, officiated as of January 1, 2007. Currently, he is one of the five Justices of the Supreme Court. He was President of the Commission for the preparation of the Parliamentary Act to reform, update and unify the Civil and Commercial Codes of the Argentine Nation, Presidential Decree 191/2011.

<span class="mw-page-title-main">Ministry of Economy (Argentina)</span> Economy ministry of Argentina

The Ministry of Economy of Argentina is the country's state treasury and a ministry of the national executive power that manages economic policy.

<span class="mw-page-title-main">Divorce law by country</span> Overview of divorce laws around the world

Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Most nations allow for residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.

<span class="mw-page-title-main">LGBT rights in the Americas</span>

Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex and diverse in the Americas, and acceptance of LGBT persons varies widely.

Same-sex marriage has been legal in Cuba since 27 September 2022 after a majority of voters approved the legalization of same-sex marriage in a referendum two days prior. The Constitution of Cuba prohibited same-sex marriage until 2019, and in May 2019 the government announced plans to legalize same-sex marriage. A draft family code containing provisions allowing same-sex couples to marry and adopt was approved by the National Assembly of People's Power on 21 December 2021. The text was under public consultation until 6 June 2022, and was approved by the Assembly on 22 July 2022. The measure was approved by two-thirds of voters in a referendum held on 25 September 2022. President Miguel Díaz-Canel signed the new family code into law on 26 September, and it took effect upon publication in the Official Gazette the following day.

<span class="mw-page-title-main">Women in Argentina</span> Overview of the status of women in Argentina

The status of women in Argentina has changed significantly following the return of democracy in 1983; and they have attained a relatively high level of equality. In the Global Gender Gap Report prepared by the World Economic Forum in 2009, Argentine women ranked 24th among 134 countries studied in terms of their access to resources and opportunities relative to men. They enjoy comparable levels of education, and somewhat higher school enrollment ratios than their male counterparts. They are well integrated in the nation's cultural and intellectual life, though less so in the nation's economy. Their economic clout in relation to men is higher than in most Latin American countries, however, and numerous Argentine women hold top posts in the Argentine corporate world; among the best known are María Amalia Lacroze de Fortabat, former CEO and majority stakeholder of Loma Negra, the nation's largest cement manufacturer, and Ernestina Herrera de Noble, director of Grupo Clarín, the premier media group in Argentina.

<span class="mw-page-title-main">Ministry of Foreign Affairs, International Trade and Worship</span> Ministry of the government of Argentina

The Ministry of Foreign Affairs, International Trade and Worship, informally referred to as the Chancellery, is the Argentine government ministry dealing with the foreign relations of Argentina, Argentina's foreign policy, international development, international trade, diaspora and matters dealing with Mercosur and the Catholic Church.

The legal system of Chile belongs to the Continental Law tradition. The basis for its public law is the 1980 Constitution, reformed in 1989 and 2005. According to it Chile is a democratic republic. There is a clear separation of functions, between the President of the Republic, the Congress, the judiciary and a Constitutional Court. See Politics of Chile. On the other hand, private relationships are governed, mainly, by the Chilean Civil Code, most of which has not been amended in 150 years. There are also several laws outside the Code that deal with most of the business law.

<span class="mw-page-title-main">Hernán Lorenzino</span>

Hernán Gaspar Lorenzino is an Argentine lawyer and public policy maker. He was appointed Minister of Economy of Argentina by President Cristina Kirchner in 2011.

The law of Mexico is based upon the Constitution of Mexico and follows the civil law tradition.

<span class="mw-page-title-main">Ministry of Productive Development</span>

The Ministry of Productive Development of Argentina was a ministry of the national executive power overseeing and advising on the promotion of industrial policies and foreign trade in Argentina.

ARA Ingeniero Julio Krause (B-13) was an oil tanker ship in service with the Argentine Navy from 1993 to 2015, and with YPF from to 1981 to 1993. She was the first ship in the Argentine Navy to bear the name of Argentine engineer Julio Krause, who discovered oil in Comodoro Rivadavia in 1907.

<span class="mw-page-title-main">Statistics of the COVID-19 pandemic in Argentina</span>

This article presents official statistics gathered during the COVID-19 pandemic in Argentina. The National Ministry of Health publishes official numbers every night.

The National Agency for Controlled Materials, formerly the National Weapons Registry of the Argentine Republic is the body in charge of registering, supervising and controlling firearms, other regulated materials and their users within the Argentine national territory with the sole exclusion of weapons belonging to the Armed Forces. They are also charged with proposing and implementing policies to promote better compliance with the Ministry of Justice and Human Rights.

References

  1. "InfoLEG - Ministerio de Economía y Finanzas Públicas - Argentina".
  2. "Comienza a regir el nuevo Código Civil y Comercial - Diario Jornada". Archived from the original on 2016-06-23. Retrieved 2015-08-02.
  3. "InfoLEG - Ministerio de Economía y Finanzas Públicas - Argentina".
  4. "Comienza a regir el nuevo Código Civil y Comercial - Diario Jornada". Archived from the original on 2016-06-23. Retrieved 2015-08-02.