The Civil Code of Argentina is the legal code which forms 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 still continues to be the foundation of Argentine civil law (Derecho civil argentino).
Vélez Sársfield's code reflects the influence of the continental law and liberal principles of the 17th century. It was also influenced by the great Napoleonic code, the Spanish laws in effect at that time in Argentina, Roman law (especially through the work of Savigny), canon law, the draft of the Brazilian civil code (Esboço de um Código Civil para Brasil) by Freitas, and the influence of the Chilean civil code (by Andrés Bello).
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 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.
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 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 even proposed to merge the civil code with the commercial code, following the example of the Italian code.
Read more about Civil Code Of Argentina: Precursors, Sanction, Sources of The Civil Code, Structure, Editions, Laws of Errata, Reforms
Famous quotes containing the words civil and/or code:
“...I was confronted with a virile idealism, an awareness of what man must have for manliness, dignity, and inner liberty which, by contrast, made me see how easy living had made my own group into childishly unthinking people. The Negro’s struggles and despairs have been like fertilizer in the fields of his humanity, while we, like protected children with all our basic needs supplied, have given our attention to superficialities.”
—Sarah Patton Boyle, U.S. civil rights activist and author. The Desegregated Heart, part 1, ch. 19 (1962)
“Wise Draco comes, deep in the midnight roll
Of black artillery; he comes, though late;
In code corroborating Calvin’s creed
And cynic tyrannies of honest kings;
He comes, nor parlies; and the Town, redeemed,
Gives thanks devout; nor, being thankful, heeds
The grimy slur on the Republic’s faith implied,
Which holds that Man is naturally good,
And—more—is Nature’s Roman, never to be
scourged.”
—Herman Melville (1819–1891)