The Legal system of Argentina is a Civil law

legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...

. The pillar of the Civil system is the

Constitution of Argentina The Constitution of the Argentine Nation ( es, Constitución de la Nación Argentina) 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 ...

(1853). The

Argentine Constitution of 1853 The Argentine Constitution of 1853 is the current constitution of Argentina. It was approved in 1853 by all of the provincial governments except Buenos Aires Province, which remained separate from the Argentine Confederation until 1859. After ...

was an attempt to unite the unstable and young country of the

United Provinces of the Río de la Plata The United Provinces of the Río de la Plata ( es, link=no, Provincias Unidas del Río de la Plata), earlier known as the United Provinces of South America ( es, link=no, Provincias Unidas de Sudamérica), was a name adopted in 1816 by the Co ...

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 The Federal Pact ( es, Pacto Federal) was a treaty first signed by the Argentine provinces of Buenos Aires, Entre Ríos and Santa Fe on 4 January 1831, for which a Federal military alliance was created to confront the Unitarian League. Other ...

Structure of the Law in Argentina

;

:# Bill of Rights :# Form of Government :# Delegation of Powers to the National :# Precedence of Laws - International Treaties :# Provincial Constitutions ; Civil Code of Argentina The first Civil Code was written by Argentine

jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...

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''. The 1871 Argentine Civil Code was largely inspired by the

Spanish Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain **Spanish language, spoken in Spain and many Latin American countries **Spanish cuisine Other places * Spanish, Ontario, Can ...

legal tradition, and also by the

Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...

ian Civil Code, the Spanish Civil Code of 1851, the Napoleonic code and the

Chilean Civil Code The Civil Code of the Republic of Chile (''Código Civil de la República de Chile'', also referred to as the ''Code of Bello'') is the work of jurist and legislator Andrés Bello. After several years of individual work (though officially present ...

. 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'' brings many changes, in particular the modernization of

family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...

. ;

Penal Code of Argentina {{unreferenced, date=May 2018 The Argentine Penal Code is the law that governs crimes and its sanction in the Argentine Republic. Background Hispanic period Before and after 1810, until the initiation of the codification of criminal law with th ...

; Argentine sources of law :# Statutory Law :# Case Law :# Custom :# General Principles of Law :# Analogy :# Equity ; Argentine interpretation of legislation :# Methods of Interpretation :# Sources of Interpretation :# Special Rules of Interpretation ; Argentine law jurisdictions :# Jurisdiction :# Competence :# Levels of Jurisdiction :# Jurisdiction of the Argentine Courts in the International Sphere

References

*Edwin Montefiore Borchard. Guide to the law and legal literature of Argentina, Brazil and Chile. Law Library of Congress. Government Printing Office. Washington. 1917
Internet Archive

External links

{{Authority control Law in South America

Structure of the Law in Argentina

See also

References

External links