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Law of Argentina

Topics: Argentine law

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 Velez Sarsfield, 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.

Structure of the Law in Argentina

;Constitution of Argentina

Bill of Rights

Form of Government

Delegation of Powers to the National Government - Codes

Precedence of Laws - International Treaties

Provincial Constitutions

;Civil Code of Argentina

Preliminary titles

On the laws

On counting intervals of the right

Books of Law

Of the persons

Of the personal rights in the civil relations

Of the possessions and real rights

Of the personal and real rights

Complementary Title

Of the application of the civil laws

;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

See also

Legal systems of the world

External links

The Legal System in Argentina

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article Law of Argentina

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