Law of Argentina

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The Legal system of Argentina is one of the few in the world that mix Civil and Common law. The two pillars of the Civil system are the Constitution of Argentina (1853) and the Civil Code of Argentina (1871).

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

The Civil Code was written by Argentine jurist Dalmacio Vélez Sársfield, and started being effective on January 1, 1871. Beyond the influence of the Spanish legal tradition, the Argentine Civil Code was also inspired by the Draft of the Brazilian Civil Code, the Draft of the Spanish Civil Code of 1851, the Napoleonic code and the Chilean Civil Code among others. 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 i. rights from obligations and ii. real property rights, thus distancing itself from the French model.

[edit] Structure of the Law in Argentina

Constitution of Argentina

1. Bill of Rights
2. Form of Government
3. Delegation of Powers to the National Government - Codes
4. Precedence of Laws - International Treaties
5. Provincial Constitutions

Civil Code of Argentina

Preliminary titles

1. On the laws
2. On counting intervals of the right

Books of Law

1. Of the persons
2. Of the personal rights in the civil relations
3. Of the possessions and real rights
4. Of the personal and real rights

Complementary Title

1. Of the application of the civil laws

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

[edit] See also

• Legal systems of the world

[edit] External links

• The Legal System in Argentina

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