A civil code is a codification of private law relating to property , family , and obligations .
118-573: 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
236-402: A billion (1880s) dollars of British investment and pro-development, education and immigration policies pursued at the national level subsequently spurred dramatic economic growth. Driven by European immigration and improved health, the province's population, like Argentina's, nearly doubled to one million by 1895 and doubled again by 1914. Rail lines connected nearly every town and hamlet in
354-552: A case by way of introducing a general rule — an exercise of legislative — thus, there is no rule of stare decisis (binding precedent) in French law, but some jurisprudence constante , to interpret the law. It might also had influenced other countries. Provincia de Buenos Aires Buenos Aires , officially the Buenos Aires Province , is the largest and most populous Argentine province . It takes its name from
472-643: A civil code may instead be codified in a commercial code . The history of codification dates back to ancient Babylon . The earliest surviving civil code is the Code of Ur-Nammu , written around 2100–2050 BC. The Corpus Juris Civilis , a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I , forms the basis of civil law legal systems that would rule over Continental Europe . Other codified laws used since ancient times include various texts used in religious law , such as
590-517: A country house he owned, located a few kilometers from Buenos Aires city, where he wrote the drafts that his assistants transcribed. The final transcript was delivered to the government for its printing, and was later destroyed. The drafts can currently be found at the Universidad Nacional de Córdoba . As Vélez Sársfield moved forward with his work, he would send it to the executive branch, which would then print and distribute it among
708-429: A delicate systematic nature as a Code. It can only be expected that such debate will become inorganic and endless, and that in the case of the passage of proposed amendments the coherence of the general system will be ruined, through the failure to recognize that the main advantage of codifying efforts resides in the methodizing of the law, which allows the maximum usefulness to be obtained from it later. The endorsement of
826-543: A note on the law of Partidas , of the Royal Forum, of the recopilated ones. " The influence of this legislation regarding its method and technique was practically null, what can be understood due to the dispersion that characterized it. Nevertheless, on the material, and the sense and reach of the dispositions, Vélez did make use of the old Right, adopting it to the new needs. The national legislation had little relevance on private law, though it did partially influence on
944-661: A note to the Congress on August 25, 1869, proposing the law that would ratify the project of the Civil Code. In the message, Sarmiento recommended immediate implementation, "entrusting its reform to the passage of future laws that will be enacted as experience dictates their necessity". The Chamber of Deputies approved the project on September 22, 1869, after rejecting various alternate version and objections to its being passed without amendment. The chamber determined that it would become effective on January 1, 1871. It then passed to
1062-696: A perfect relief for the inhabitants of the hotter interior. Fall is often rainy, and winters can be windy and chilly: temperatures average from 10 to 15 °C (50 to 59 °F), and nights from 1 to 5 °C (34 to 41 °F). There can be long periods of drizzly weather and constant temperatures of about 7 °C (45 °F). Frost is common but temperatures will rarely fall below −5 °C (23 °F), and snowfalls sometimes, but accumulations are only to be expected every few years. Precipitation ranges from 700 to 950 mm (28 to 37 in). The Sierras de la Ventana (up to 1,200 metres (3,900 ft)) experience cooler weather, especially at night. The geography of
1180-465: A single person in charge, Dalmacio Vélez Sársfield , through a decree dated October 20, 1864. Vélez Sársfield redacted the Project for the Civil Code without collaborators other than assistants that would transcribe his drafts. Among them were Victorino de la Plaza , who later would become president, Eduardo Díaz de Vivar and Vélez Sársfield's daughter Aurelia. For the task, Vélez Sársfield withdrew to
1298-545: A victory at the Battle of Pavón led to its reincorporation into the Argentine Republic on 17 December 1861. Intermittent conflicts with the nation did not truly cease until 1880, when the city of Buenos Aires was formally federalized and, thus, administratively separated from the province. La Plata was founded in 1882 by Governor Dardo Rocha for the purpose of becoming the provincial capital. The equivalent of
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#17327727556241416-469: A while, but accumulations are usually small. Total precipitation ranges from 500 to 750 mm (20 to 30 in), with slightly rainier springs and falls. The Atlantic region sees very moderate weather: the ocean is cold (17 to 20 °C (63 to 68 °F) in the summer) and sea breezes often bring chilly weather until midsummer. The hottest months average 25 to 27 °C (77 to 81 °F) with nights between 12 and 16 °C (54 and 61 °F), providing
1534-664: Is bordered by the provinces of Entre Ríos to the northeast, Santa Fe to the north, Córdoba to the northwest, La Pampa to the west, Río Negro to the south and west and the Autonomous City of Buenos Aires to the northeast. Uruguay is just across the Rio de la Plata to the northeast, and both are on the coast of the Atlantic Ocean to the east. Almost the entire province is part of the Pampas geographical region, with
1652-487: Is diversified, and though cattle historically provided the main animal husbandry activity, Buenos Aires is also the top producer of sheep , pork , and chicken meat of the country. Equally important is the dairy industry. Crop harvests are the most diverse in the nation and have grown to record levels in recent decades. The most important crops include soybean , maize , wheat , sunflower and other oilseeds , like flax . More recently, premium wines have been produced in
1770-1133: Is extremely benign for human activities: it is temperate, with four marked seasons and reliable rainfall on most regions. The province can be divided into four main climatic regions: the southwestern, drier region; the cool Atlantic region; the northern and eastern humid region, and the Delta region, with the warmest, wettest climate. The northern region has warm, humid summers, with days between 28 and 32 °C (82 and 90 °F) and nights between 16 and 20 °C (61 and 68 °F), pleasant falls, cool, drier winters with highs between 13 and 18 °C (55 and 64 °F) and nights between 2 and 5 °C (36 and 41 °F), and windy, variable springs. Heat waves may bring days with temperatures over 38 °C (100 °F), but these do not usually last very long, as cold fronts bring thunderstorms and cooler days, with night temperatures often falling down to 12 °C (54 °F). Winter cold waves may bring days with highs about 8 °C (46 °F), and lows below −4 °C (25 °F), with extremes down to −8 °C (18 °F). Snow
1888-448: Is of crucial importance in a codification work, due its systematic nature, and to the vastness of the subject. Hence it is important to regard and direct man's behavior through general and specific formulae that find their appropriate place among the assembled articles. Vélez Sársfield dedicated much effort to the selection of an adequate method, and after receiving objections to the use of the methods of Justinian 's Institutiones and of
2006-454: Is slightly bigger than Italy . The landscape is mainly flat, with two low mountain ranges: Sierra de la Ventana (near Bahía Blanca ) and Sierra de Tandil ( Tandil ). The highest point is Cerro Tres Picos (1,239 m (4,065 ft) amsl ; 38°8′S 61°58′W / 38.133°S 61.967°W / -38.133; -61.967 ) and the longest river is Río Salado (700 km (435 mi) long). As part of The Pampas ,
2124-441: Is still to be expected, but temperatures will almost never fall below −4 °C (25 °F), and snow has fallen only twice in the last century. Precipitation ranges from 1,000 to 1,300 mm (39 to 51 in) and falls throughout the year. The city of Buenos Aires is surrounded by a climate similar to the northern part of the province, but the city itself resembles more the Delta climate, with less frost. The southwestern region
2242-669: Is strongly reflected by its content. The French code was the most influential one because it was introduced in many countries standing under French occupation during the Napoleonic Wars . In particular, countries such as Italy , the Benelux countries, Spain , Portugal (with the Civil Code of 1867, later replaced by the Civil Code of 1966, which is strongly influenced by the German BGB), the Latin American countries,
2360-762: Is the driest region, and it experiences a more marked differences in temperatures. Summers are often hot, between 30 and 35 °C (86 and 95 °F), but nights are usually comfortable (14 to 18 °C (57 to 64 °F)). Thunderstorms are less frequent but can be very violent in nature. Frost can make an appearance as early as March, but usually first comes in April. Winters are cool and dry, with days between 10 and 16 °C (50 and 61 °F) and nights between −1 and 4 °C (30 and 39 °F). Frost occurs on an almost daily basis, with temperatures below −6 °C (21 °F) not uncommon, and down to −12 °C (10 °F) recorded in some areas. Snowfall may occur every once in
2478-431: Is the nation's chief exporter, generating nearly $ 107 billion in exports in 2016 (37% of the nation's total). Agriculture in the province is renowned around the world for its productivity. The province is Argentina's chief agricultural producer , and accounted for at least $ 8 billion in export earnings in 2014. This sector adds about 5% to the province's highly diversified economy, however. The province's ranching sector
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#17327727556242596-651: Is typically taught according to the Pandect System (which was devised by German scholars in the time between the enactment of the Austrian and the German Codes), even though this is not consistent with the structure of the Code. The following is the list of national or regional civil codes by alphabetic order of names of countries or regions: The legislation of the Civil Code of China was started in 1954, after
2714-411: Is uncommon, but there have been accumulations on several occasions in the past. Precipitation ranges from 750 to 1,100 mm (30 to 43 in) per year. The Delta region is slightly warmer, especially at night, due to the presence of water and the northerly location. Summer nights tend to be stickier, and winters can be damp and foggy, with most nights between 4 and 8 °C (39 and 46 °F). Frost
2832-600: Is very different in form and content from all other civil codes. Another unique example is the Louisiana Civil Code , based on Spanish law Las Siete Partidas , but incorrectly credited to be based on French Law. In 1825, Haiti promulgated a Code Civil , that was simply a copy of the Napoleonic one; while Louisiana abolished its Digeste , replacing it with the Code Civil de l'État de la Louisiane
2950-498: Is yet to pass a law in this regard. A typical civil code deals with the fields of law known to the common lawyer as law of contracts , torts , property law , family law and the law of inheritance . Commercial law , corporate law and civil procedure are usually codified separately. The older civil codes such as the French, Egyptian, Austrian and Spanish ones are structured under the Institutional System of
3068-794: The Allgemeines Landrecht für die Preussischen Staaten (General National Law for the Prussian States) promulgated by King Frederick II the Great . In Austria, the first step towards fully-fledged codification were the yet incomplete Codex Theresianus (compiled between 1753 and 1766), the Josephinian Code (1787) and the complete West Galician Code (enacted as a test in Galicia in 1797). The final Austrian Civil Code (called Allgemeines bürgerliches Gesetzbuch , ABGB)
3186-770: The Fuero Real (Royal Jurisdiction), the Ordenamiento de Alcalá (the Code Law Reordering of Alcalá), the Reordering of Montalvo and the Laws of Toro . In order of importance: Nevertheless, the Siete Partidas (Seven-Part Codes) were more often applied due to their prestige, the extension of the addressed matters, and the further knowledge of them by judges and lawyers. The Legislación Patria
3304-673: The 1978 FIFA World Cup and the 1995 Pan American Games , and annually holds the National Evita Games and the final stage of the Bonaerense Games, the last being the most important provincial sports event for young, the elderly and people with disabilities. The province is represented in the Argentine Rugby Union (UAR) by four unions: the Rugby Union of Buenos Aires (URBA), includes teams of
3422-749: The Argentina Wine Route . In Buenos Aires Province, as throughout Argentina, football is the predominant sport. The province has numerous professional football teams, with most of them concentrated in the Greater Buenos Aires area. Rivals Club Atlético Independiente and Racing Club de Avellaneda are the most successful, famous and followed beyond the province borders. Other notable teams in Greater Buenos Aires include Arsenal , Quilmes , Banfield , Lanús , Chacarita Juniors , Tigre and Defensa y Justicia . In
3540-525: The Buenos Aires wine region in the south of the province. Manufacturing accounts for a fourth of the province's output and is about 40% of the entire nation's. The industry of the province is diverse: chemical, pharmaceutical, metallurgic, motor vehicles, machinery, textiles and the food industry are the most notable. Excluding processed agricultural items, the province was responsible for over US$ 70 billion of industrial exports in 2016 and accounted for
3658-532: The Charrúas and the Querandíes . Their culture was lost over the next 350 years. They were subjected to Eurasian plagues from which few survived. The survivors joined other tribes or have been mostly absorbed by Argentina's European immigration. Pedro de Mendoza founded Santa María del Buen Ayre in 1536. Even though the first contact with the aboriginals was peaceful, it soon became hostile. The city
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3776-610: The Conquest of the Desert ( Conquista del Desierto ) in which the aboriginals were almost completely exterminated. After the independence from Spain in 1816, the city and province of Buenos Aires became the focus of an intermittent Argentine Civil War with other provinces. A Federal Pact secured by Governor Juan Manuel de Rosas in 1831 led to the establishment of the Argentine Confederation and to his gaining
3894-471: The French civil code , he decided to use the one followed by Freitas in his Consolidaçao das Leis Civis , which finds its origins in the teachings of Friedrich Carl von Savigny . Civil code A jurisdiction that has a civil code generally also has a code of civil procedure . In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in
4012-496: The Greater Buenos Aires region, which today includes around 10 million people ( 2 ⁄ 3 of the provincial population). It did not address worsening pollution resulting from the area's industrial growth, which had made itself evident since around 1920. This problem has been at its worst along the Reconquista River west and north of the city of Buenos Aires; over 4 million people (one in 10 Argentines) today live on
4130-863: The Law of Manu in Hindu law , Islamic Sharia law, the Mishnah in Jewish Halakha law, and the Canons of the Apostles in Christian Canon law . The idea of codification re-emerged during the Age of Enlightenment , when it was believed that all spheres of life could be dealt with in a conclusive system based on human rationality , following from the experience of the early codifications of Roman Law during
4248-613: The Napoleonic Code and its commentaries, the work of Freitas, and various other minor sources. Roman law was not a direct influence on the civil code in the sense that none of its dispositions were directly extracted from the Corpus Iuris Civilis or from any Roman jurist's passage. Nevertheless, Vélez Sársfield returned to the Roman criteria in some institutions' regulations, even those that hadn't been addressed by
4366-569: The Radical Civic Union , was elected governor in 1983, when Raúl Alfonsín became president. Alfonsín lost the 1987 midterm elections , leading to the victory of Antonio Cafiero . From then to 2015, all governors have been Peronists. The high population of the province makes it highly influential in Argentine politics. With both ruling for two terms, the rivalry of the president Carlos Menem and governor Eduardo Duhalde dominated
4484-558: The Roman jurist Gaius and generally have three large parts: The newer codes such as the ones of Germany, Switzerland, Greece, Portugal, Romania and Catalonia are structured according to the Pandectist System : The civil code of the state of Louisiana , following the institutions system, is divided into five parts: Pandectism also had an influence on the earlier codes and their interpretation. For example, Austrian civil law
4602-755: The Roman Empire . The first attempts at modern codification were made in the second half of the 18th century in Germany , when the states of Austria , Prussia , Bavaria and Saxony began to codify their laws. The first statute that used this denomination was the Codex Maximilianeus bavaricus civilis of 1756 in Bavaria, still using the Latin language. It was followed in 1792 by a legal compilation that included civil, penal, and constitutional law,
4720-563: The Santa Fe Province in 1867: the law produced a popular reaction that ended with the resignation of the governor and the dissolution of the legislature house, which annulled the law when it was reconstituted. The influence of this code in the Coder movement proved very important, and the Civil Code of Argentina did not escape from this influence, being in a direct way or through his commentators. The direct influence can be shown in
4838-584: The Senate a law that would empower the Executive Branch to appoint a commission to complete those tasks. The law was passed and signed by Urquiza, but for financial reasons the initiative was postponed. In the State of Buenos Aires, an initiative to launch a Civil Code suffered the same fate. On October 17, 1857, a law was passed that authorized the Executive Branch to spend the necessary funds to compile
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4956-754: The legislative (represented by the Legislature , which is split into the Chamber of Deputies and the Senate ); and the judiciary , headed by the Supreme Court. The Constitution of Buenos Aires Province forms the formal law of the province. In Argentina, the most important law enforcement organization is the Argentine Federal Police , but the province is policed by its own Buenos Aires Provincial Police . Buenos Aires Province, at 307,571 square kilometres (118,754 sq mi),
5074-473: The liberty of wombs ( Libertad de Vientres ) and of the slaves entering the territory (1813), the suppression of entailed states ( mayorazgo ) (1813) and of emphyteusis (1826), and the suppression of gentilic retract (1868), that gave the right to re-acquire family real estate sold to a stranger to the nearest relative of the original vendor (up to the 4th grade of kinship). Other various laws and provincial decrees modifying different institutions existed, as
5192-523: The sum of public power , which provided a tenuous unity. Ongoing disputes regarding the influence of Buenos Aires, between Federalists and Unitarians , and over the Port of Buenos Aires (the prime source of public revenue at the time) fueled periodic hostilities. The province was declared independent on 11 September 1852, as the State of Buenos Aires . Concessions gained in 1859 Pact of San José de Flores and
5310-483: The 145 articles copied from the French code. But the main direct influence of the commentators is that of the treta of Charles Aubry and Frédéric Charles Rau, specially the third edition published in Paris between 1856 and 1858, of which the Coder took several passages that he used in around 700 articles. The work of Raymond Troplong provided the material for 50 articles related to the testament inheritance, and others for
5428-542: The 8th year); nevertheless, in 1808 a Digeste de la loi civile was sanctioned. In the United States , codification appears to be widespread at a first glance, but U.S. legal codes are actually collections of common law rules and a variety of ad hoc statutes; that is, they do not aspire to complete logical coherence. For example, the California Civil Code largely codifies common law doctrine and
5546-748: The Argentine Coder, and it is estimated that he based on it for the formulation of 170 articles of the Argentine code. He also made use of the Code of Louisiana , in which he based for the creation of 52 articles, of the Albertine Code for the Sardonic States, of the legislative Russian consolidation, the Code of Parma, the Code of Two Sicilies , the General Prussian Code of 1874, the Austrian Code of 1811,
5664-633: The Argentine code, replacing its code of 1903. Cuba had the old Civil Code of Spain until the year 1987 when the National Assembly of People's Power approved the Cuban Civil Code, Law 59. The Portuguese Civil Code of 1868 was introduced in the Portuguese overseas territories of Asia ( Portuguese India , Macau and Portuguese Timor ) from 1870, with local modifications being latter introduced. It continued to be in effect in
5782-474: The Argentine politics during the nineties. A similar case took place with the president Cristina Fernández de Kirchner and governor Daniel Scioli . María Eugenia Vidal , from Republican Proposal , won the 2015 elections, and became the first female governor of the province. In February 2021, researchers led by paleontologist Nicolás Chimento of the Museo Argentino de Ciencias Naturales announced
5900-780: The Autonomous City of Buenos Aires (CABA), the Rugby Union of Mar del Plata, the Western Rugby Union of the Province of Buenos Aires (UROBA) and the Southern Rugby Union. Some of the most prominent clubs are CASI and SIC of San Isidro. Among others, some of the most important basketball teams in the province are: Peñarol de Mar del Plata , Quilmes de Mar del Plata , Bahía Basket , Estudiantes de Bahía Blanca , Olimpo de Bahía Blanca , Argentino de Junín , Club Ciclista Juninense , and Estudiantes de Olavarría , Gimnasia y Esgrima de La Plata , Club Atlético Platense and Lanús. There are numerous racetracks, including La Plata, Nueve de Julio, Olavarría, Mar de Ajó, Junín, Balcarce, San Nicolás de los Arroyos and Bahía Blanca. The San Isidro Racecourse
6018-409: The Catholic religion, a law that gives marriage a religious characteristic does not attack in any sense the freedom of cult, for the law doesn't force anyone to renounce their beliefs. Each one can invoke God from the altar of one's own cult." ." This resolution by Vélez Sársfield is explained by the uses and customs of that time, as it shows the sanction of a law of civil matrimony by the legislature of
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#17327727556246136-448: The Civil Code represented a great improvement over the previous legal regime, and fused modern advances in doctrine with local customs and active law. In his work on the Code, Dalmacio Vélez Sársfield was inspired by contemporary and older codes, by national and international law, and to a large extent by the prevailing doctrines of the period. These sources can be classified as follows: Roman law , Spanish and Argentine law, canon law ,
6254-418: The Civil Code. It was passed on May 28 and came into force on January 1, 2021. Inspired by Justinian's sixth-century codification of Roman law. Differ with comprehensive rewrite including earlier rules, in a rational structure rather than a religious content. This made laws clearer and more accessible and superseded the conflict between royal and judges legislative power. This code prohibits judges from deciding
6372-409: The Civil, Criminal and Procedural Codes, but the initiative was ultimately frustrated. However, the Commercial Code had better luck. The task of compiling that code had been given to Dalmacio Vélez Sársfield and Eduardo Acevedo Maturana , who sent it to the legislature for its approval. The Commercial Code of the State of Buenos Aires was finally passed in 1859, and it was this code that was adopted at
6490-405: The Code Civil du Bas-Canada (or Civil Code of Lower Canada ) was promulgated in Lower Canada (later the Canadian province of Quebec ). It was replaced in 1991 by a new Civil Code of Quebec , which came into effect in 1994. Uruguay promulgated its code in 1868, and Argentina in 1869 (work by Dalmacio Vélez Sársfield ). Paraguay adopted its code in 1987, and in 1877 Guatemala adopted
6608-472: The Code of New York State and the Italian Code of 1865. Vélez Sársfield made also use of the 1851 project for the Spanish Civil Code prepared by Florencio García Goyena . That project held 3,000 articles, and it's calculated that it helped in the formulation of 300 articles of the Argentine Code. Finally, Vélez used 27 articles from the 1851 project for the Uruguayan Civil Code by Eduardo Acevedo Maturana , as well as some references for his notes. Method
6726-404: The First law of the Civil Code of Catalonia, Parliament of Catalonia's several laws have approved the successive books of the Civil Code of Catalonia . This has replaced most of the Compilation of the Civil Law of Catalonia, several special laws and two partial codes. Only the Sixth book, relating to obligations and contracts, has to be approved. In Europe, apart from the common law countries of
6844-406: The French Civil Code was structured in a "casuistic" approach attempting to regulate every possible case, the German BGB and the later Swiss ZGB applied a more abstract and systematic approach. Therefore, the BGB had a great deal of influence on later codification projects in countries as diverse as Japan , Greece , Turkey , Portugal (1966 Civil Code) and Macau (1999 Civil Code). Since 2002 with
6962-404: The Military Code, but neither of these two projects' efforts came to fruition. In 1831, the Legislature of Buenos Aires adopted the Spanish Commercial Code compiled in 1829 and created a commission to see to any reforms to it that might be necessary. In 1852, Justo José de Urquiza created a commission of 14 members for the compilation of the Civil, Penal, Commercial and Procedural Codes. However,
7080-432: The Peruvian code of 1852. Nicaragua in 1904 replaced its civil code of 1867 by adopting the Argentine code. In 1916 Brazil enacted its civil code (project of Clovis Bevilacqua , after rejecting the project by Teixeira de Freitas that was translated by the Argentines to prepare their project), that entered into effect in 1917 (in 2002, the Brazilian Civil Code was replaced by a new text). Brazilian Civil Code of 1916
7198-525: The Portuguese Code was replaced by the Indonesian Code when Indonesia occupied that territory in 1975. Macau adopted its own Civil Code in 1999, although this being based in the Portuguese Code of 1966. Also the civil code of Spain of 1889 would be enforced in its colony , the Philippines , and this would remain in effect even after the end of Spanish rule until the Philippines enacted its own Civil Code in 1950 after almost fifty years of U.S. rule. Many legal systems of other countries in Asia are within
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#17327727556247316-402: The Reconquista's basin. Of these, about a million still live with seriously compromised water quality, despite the province's (sometimes counterproductive) efforts to remedy the issue. In April 2013 , the northeastern section of Buenos Aires Province, particularly its capital, La Plata, experienced several flash floods that claimed the lives of at least 89 people. Alejandro Armendáriz , of
7434-418: The Senate, which ratified it on September 25, and it was promulgated by Sarmiento on September 29. The Project was closed-book endorsed, that is it was accepted without changes to the original, which according to Llambías did not require any debate: Parliamentary bodies, due to their composition and functioning, lack the capacity to undertake the study and analytical debate related to a scientific task of such
7552-484: 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
7670-399: The United Kingdom and Ireland, only Scandinavia remained untouched by the codification movement. The particular tradition of the civil code originally enacted in a country is often thought to have a lasting influence on the methodology employed in legal interpretation. Scholars of comparative law and economists promoting the legal origins theory of (financial) development usually subdivide
7788-420: The area these new suburbs were developed on (particularly the poorer ones) consisted of wetlands and were prone to flooding. To address this, Governor Oscar Alende initiated the province's most important flood-control project to date, the Roggero Reservoir. Completed a decade later, in 1971, the reservoir and associated electric and water-treatment facilities encouraged still more, and more orderly, development of
7906-523: The capital of the province, Estudiantes and Gimnasia y Esgrima stand out. Other clubs in the rest of the province include Olimpo and Villa Mitre ( Bahía Blanca ), Huracán de Tres Arroyos ( Tres Arroyos ), Aldosivi and Alvarado ( Mar del Plata ), Sarmiento ( Junín ), Douglas Haig ( Pergamino ), Agropecuario ( Carlos Casares ), Santamarina ( Tandil ), Racing de Olavarría ( Olavarría ), Flandria , Club Luján and Villa Dálmine ( Campana ). The city of Mar del Plata hosted six matches of
8024-417: The city of Buenos Aires , the capital of the country, which used to be part of the province and the province's capital until it was federalized in 1880. Since then, in spite of bearing the same name, the province does not include Buenos Aires city, though it does include all other parts of the Greater Buenos Aires metropolitan area. The capital of the province is the city of La Plata , founded in 1882. It
8142-596: 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 proposed to merge
8260-466: The civil code with the commercial code , following the example of the Italian code . After decades of deliberations, a new Código Civil y Comercial de la Nación was approved in 2014, and entered into force in 2015, replacing the old code. The codification in Argentina was part of a process being undertaken around the world, due to the advantages that such a systematic approach granted. Indeed, there had been earlier codifications; those completed toward
8378-435: The civil law tradition and have enacted a civil code, mostly derived from the German civil code; that is the case of China , Japan , Korea , Thailand (the Civil and Commercial Code), Taiwan and Indonesia (which is influenced by the Dutch Civil Code, Burgerlijke Wetboek ). The Indian Constitution in its Directive Principles of State Policy recommends to a Uniform Civil Code in ts Article 44. The Indian parliament
8496-598: The civil laws’’ sorts in 1,333 articles the material of the Portuguese legislation, that contained the same dispersion present in the Spanish legislation in use in the Americas. His "Draft" was commended to him by the Empire of Brazil in 1859, but remained unfinished after completion of article 4,908, without reaching the inheritance section. In spite of this, it was one of the most frequently consulted works by Vélez Sársfield;
8614-647: The coastline, which starts some 250 kilometres (160 mi) from Buenos Aires after the Samborombón Bay . Among them, the biggest and most important is Mar del Plata , followed by the La Costa Partido , Pinamar , Villa Gesell , Miramar , and Necochea . The most important summer-related event, the National Sea Festival , is held annually in the city of Mar del Plata. The city's Central Casino and Grand Provincial Hotel are among
8732-484: The codification of the civil laws , since it was not possible to continue under the uncertainty caused by the inadequate code that existed under the rule of the Spanish. Before the Civil Code, there had been several attempts to this effect, without success. In 1824, Juan Gregorio de las Heras issued a decree appointing one commission charged with compiling the Commercial Code and another charged with compiling
8850-453: The contemporary codification. That was the case of property transmitted by "tradition", as opposed to the French code, which had changed it to transmission by "consentment". Moreover, among the notes of the codifier there are quotes of those laws, but they are second-hand references. The indirect Roman influence is reflected in the most part in the doctrines used by the author, especially as regards patrimonial structures. The main influence on
8968-530: The countries of the civil law tradition as belonging either to the French, Scandinavian or German group (the latter including Germany , Austria , Switzerland , Liechtenstein , Japan , China , Taiwan , South Korea and Ukraine ). The first civil code promulgated in Canada was that of New Brunswick of 1804, inspired by the 1800 project of the French civil code, known as the Projet de l'an VIII (project of
9086-405: The discovery of a well-preserved fossilized skull of the giant ground sloth Megatherium near San Eduardo del Mar, Province of Buenos Aires. According to paleontologists , the fossil belonged to a juvenile and dated back approximately 3.58 million years. The provincial government is divided into three branches: the executive, headed by a popularly elected governor , who appoints the cabinet;
9204-470: The domains (dictated by Buenos Aires on July 27, 1865, by Jujuy in February 1855 and March 7, 1857, and by Córdoba on August 27, 1868); and of the renting of fields (dictated by Santa Fe on July 31, 1837). Argentina had been attempting without success to join the codifying movement in vogue at that time in some of the world's most powerful nations. The creation of the code would bring several advantages to
9322-488: The emancipation by age rating (dictated by Buenos Aires on November 17, 1824, by Tucumán on September 1, 1860, and by Entre Ríos on March 10, 1866); the determination of domicile in the main estate (dictated by Buenos Aires on September 16, 1859), about books of births, matrimonies and deaths, being the parish priests in charge (dictated by Buenos Aires on December 19, 1821, by Jujuy on September 7, 1836, and by Santa Fe on May 17, 1862); about restrictions and limits to
9440-402: The end of the 18th century and the beginning of the 19th century had a strong influence on the compilation of the Civil Code of Argentina. Stemming from these, there were separate attempts at civil codification in the Argentine republic during the first half of the 19th century, but it was finally achieved in 1869. The unification of the country and its political growth and strengthening demanded
9558-520: The extreme south often considered part of the Patagonia region. The province has a population of about 17.5 million people, which is 38% of Argentina's total population. The province covers an area of 307,571 km (118,754 sq mi), which is about 11% of Argentina's total area and makes it the country's largest province. The inhabitants of the province before the 16th-century advent of Spanish colonization were aboriginal peoples such as
9676-695: The first Constitution was adopted. However, legislation was stopped and resumed for several times, while China adopted several civil laws instead. In 2014, the current legislation procedure started, and the first part, the General Provisions, was adopted in 2017 National People's Congress . Despite the delay of the 2020 National People's Congress due to the COVID-19 pandemic , the Congressmen gathered in Beijing on May 22 to discuss and vote for
9794-659: The first three books of the Argentine Civil Code contain more than 1,200 articles from the Draft . Vélez Sársfield also used a number of different Codes and doctrine works that had a secondary influence in the Argentine Civil Code. After the French Code , the most influential code was the Chilean Civil Code , promulgated on 1855 and written by lawman Andrés Bello . That code was highly valuated by
9912-569: The former Portuguese India even after the end of the Portuguese rule in 1961. It is still in force in the present Indian territories of Goa (locally referred as the Goa civil code ), Daman and Diu and Dadra and Nagar Haveli . As Macau and Portuguese Timor were still under Portuguese rule when the Portuguese Civil Code of 1868 was replaced by that of 1966, this later was adopted by these territories. In East Timor (ex-Portuguese Timor),
10030-399: The foundation of Argentine civil law ( Derecho civil argentino ) 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 . 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 ,
10148-438: The gathering process, Vélez Sársfield was criticized for ignoring the Spanish legislation, which by the time was the one in effect in Argentina. One of these critics was Juan Bautista Alberdi , who was refuted by the modernizing critic and by Vélez himself: "Had Dr. Alberdi gone at least lightly through my project, he would have found that the first source I make use of at the laws that rule us. The biggest number of articles have
10266-520: The inadequacies in the Spanish one instead of doing it in an unified way. On June 6, 1863, Law No. 36, sponsored by deputy José María Cabral from Corrientes Province , was passed, which empowered the executive branch to appoint commissions in charge of writing the projects for the Civil, Penal, and Mining Codes and Military Ordinances. Even though the law allowed for the creation of commissions of several persons, president Bartolomé Mitre decided to put
10384-408: 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
10502-581: The jurisdiction of the Catholic Church , taking the institution of canonical marriage and giving it civil effects. But the validity of matrimony was unchanged from the canonical version and the dispositions of the ecclesiastical courts, which would remain until the sanction of the law of civil matrimony. About this, Vélez Sársfield expressed: "Catholic people, such as the people of the Argentine Republic, would not be able to contract civil matrimony. For them it would be an endless concubinage, condemned by
10620-520: The legislation that was at that time characterized by its dispersion, and consequently, its difficult implementation. The new system would provide mainly a unity and coherence to the civil legislation, and thus it would help it to be known and applied. There were also reasons of judicial nationalism that were motives for its creation, since it was considered necessary to reaffirm the political independence obtained decades before through legislative independence. The legislation most influential on Argentine law
10738-463: The legislators, magistrates, lawyers and "competent persons, to allow them to study the work now and build an opinion of it for the time of its ratification". Vélez Sársfield finished Book I in 1865, the first two sections of Book II in 1866, the third section of that book at the beginning of 1867, Book III in 1868, and Book IV in 1869, finishing the code after 4 years and 2 months of work. The project completed, President Domingo Faustino Sarmiento sent
10856-646: The nation's largest. Other destinations include the Ventana Sierras , Tandil , Tigre , the Paraná Delta , Isla Martín García , Olavarria , the Chascomús and Gómez lagoons, Campos del Tuyú National Park , and La Plata . Agritourism in estancias (plantations) has become increasingly popular for foreigners visiting the province in recent years. The province's wine district , centered on Médanos , has also become prominent for visitors touring
10974-654: The national level in 1862 and amended in 1889. Until the sanction of the Code, the Argentine legislation was based on the Spanish legislation previous to the May Revolution , and on the one called Legislación Patria (Native Legislation). The Spanish legislation in use in the country was the New Compilation of 1567, since the Newest Compilation of 1805 did not have application before the revolution. The New Compilation contained laws coming from
11092-465: The national population), of which 12 million lived in Greater Buenos Aires and 3 million in the rest of the province. Around 33.8% of the inhabitants weren't born in the province, of whom 3,918,552 are migrants from other provinces and 758,640 were born abroad. Most of its inhabitants are descendants from colonial-era settlers and immigrants from Europe who arrived within the 19th and 20th centuries, mostly Italians and Spaniards. A number of suburbs in
11210-422: The newer partidos were created in the Greater Buenos Aires . There are 135 partidos, the last established by law is Lezama (2009). Buenos Aires Province is the most populated province of the country. The INDEC estimates that the population of Buenos Aires Province was 17,541,141 on 1 July 2020, a 12.26% increase since the 2010 national census. According to that census, there were 15 million inhabitants (38% of
11328-410: The panoply of levees, power plants, water works, paved roads, municipal buildings, and (particularly during Perón's 1946-55 tenure) schools, clinics and massive regional hospitals. The province's population, after 1930, began to grow disproportionately quickly in the suburban areas of Buenos Aires. These suburbs had grown to include 4 million out of the province's total 7 million people in 1960. Much of
11446-637: The port of Buenos Aires was the basis of the economic development of the region. Jesuits unsuccessfully tried to peacefully assimilate the aboriginals into the European culture brought by the Spanish conquistadores. A certain balance was found at the end of the 18th century when the Salado River became the limit between both civilizations, despite frequent malones (aboriginal attacks on border settlements). The end to this situation came in 1879 with
11564-486: The province are also home to a large, predominantly mestizo population that began migrating from the country's northern provinces in the mid-20th century to take advantage of growing employment opportunities. These same communities are also home to considerable numbers of more recent migrants from Paraguay and Bolivia . Tourists, mainly from Buenos Aires, visit the Atlantic coast. There are many cities and towns along
11682-594: The province by 1914; many developed around the new railway stations. This era of accelerated development was cut short by the Wall Street Crash of 1929 , which caused a sharp drop in commodity prices (99% of Argentine exports were agricultural) and led to a halt in the flow of investment funds between nations. The new Concordance and Perón governments funded ambitious lending and public works programs, visible in Buenos Aires Province through
11800-482: The province is crossed by occasional west Pampero winds . The southern Sudestada produces storms and temperature drops, most notably the Santa Rosa storm, which takes place every year almost exactly on 30 August. Unlike the other provinces of the country, in the province of Buenos Aires, the territorial divisions are called partidos , instead of departments. These also constitute the municipal division of
11918-473: The province of Quebec in Canada , and all other former French colonies which base their civil law systems to a strong extent on the Napoleonic Code. It is a misconception that the state of Louisiana in the United States based their civil code on the Napoleonic code. Rather, the drafters of the code were instructed to write a civil code based on the current laws, and the laws that were in effect at
12036-513: The province. The provincial Constitution does not recognize the municipal autonomy that was recognized for the whole country in the reform of the National Constitution of 1994. Each partido corresponds to a municipality and is governed by a mayor ( intendente ) elected by popular vote. The process of creating a partido is much more dynamic than in the other provinces, with a total of six more partidos in 2000 than in 1990. Most of
12154-441: The real rights. From Jean Demolombe he took 52 articles for book IV and 9 for book III, from Chabot he used 18 articles for book IV, and from Zachariae 70 articles. The influence of Brazilian lawyer Augusto Teixeira de Freitas came from two of his works: the "Consolidation of the civil laws" ( Consolidação das Leis Civis ) and his "Draft of a civil code for Brazil" ( Esboço de um Código Civil pra Brasil ). The ‘’Consolidation of
12272-421: The religion and customs of the country. Any law that would authorize such matrimonies, in the present state of our society, would ignore the mission of the laws, which is to keep and strengthen the power of customs, not to weaken and corrupt them. It would give incentive to Catholic people to ignore the precepts of their religion, without a beneficial result for individuals or families. For those who do not profess
12390-672: The revolution of September 11 of that year, which resulted in the secession of the Province of Buenos Aires from the Argentine Confederacy , prevented this project from making any concrete progress. The Argentine Constitution of 1853 , in clause 11 of article 67, authorized the Argentine National Congress to draw up the Civil, Commercial, Penal and Mining Codes. With the intent of fulfilling this constitutional mandate, Facundo Zuviría brought before
12508-520: The same year. The Mexican state of Oaxaca promulgated the first Latin American civil code in 1827, copying the French civil code. Later on, in 1830, the civil code of Bolivia , a summarized copy of the French one, was promulgated by Andrés de Santa Cruz . The latest, with some changes, was adopted by Costa Rica in 1841. The Dominican Republic , in 1845, put into force the original Napoleonic code, in French language (a translation in Spanish
12626-488: The scheme and for the contents (similar to the Castillan law in force in that territory) that was written by Andrés Bello (begun in 1833). This code was integrally adopted by Ecuador in 1858; El Salvador in 1859; Venezuela in 1862 (only during that year); Nicaragua in 1867; Honduras in 1880 (until 1899, and again since 1906); Colombia in 1887; and Panama (after its separation from Colombia in 1903). In 1865,
12744-751: The time were Spanish laws based on Las Siete Partidas . The late 19th century and the beginning 20th century saw the emergence of the School of Pandectism , whose work peaked in the German Civil Code (BGB), which was enacted in 1900 in the course of Germany's national unification project, and in the Swiss Civil Code ( Zivilgesetzbuch ) of 1907. Those two codes had been most advanced in their systematic structure and classification from fundamental and general principles to specific areas of law (e.g. contract law, labour law, inheritance law). While
12862-490: The weather of the province is strongly influenced by the ocean, with hot summers and temperate winters. Humidity is high and precipitation is abundant and distributed over the year. The Western and Southwestern regions are drier and are part of the Semi-arid Pampas ecoregion. The southernmost part of the province is often included in definitions of the Patagonia region. The climate of the province of Buenos Aires
12980-499: The work of Vélez Sarsfield was the German Romanist Friedrich Carl von Savigny with his work "System of the present Roman law" ( System des heutigen römischen Rechts ), used especially referring to legal entities , obligations, property and possession, and the adoption of the domicile principle as a determining element of the law, applicable to the people's marital status and capacity . Once he finished
13098-436: The work of the Coder. Such is the case of the hereditary vocation of the article 3,572, whose antecedent is the law dictated by the legislature of the Buenos Aires Province dictated on May 22, 1857. Vélez had also in mind the uses and customs of the country, especially regarding the family organisation. Canon law had a large influence over family law , especially in the area of matrimony. Vélez Sársfield left matrimony under
13216-399: Was composed of the laws sanctioned by the provincial and national governments. These laws were of considerably less importance compared to the Spanish legislation and weren't altered, confirming the principle according to which the political emancipation lets endure the previous private Law until the new State arranges otherwise, in exercise of its sovereignty. The primary national laws were
13334-611: Was considered, by many, as the last code of the 19th century despite being adopted in the 20th century. The reason behind that is that the Brazilian Code of 1916 was the last of the important codes from the era of codifications in the world that had strong liberal influences, and all other codes enacted thereafter were deeply influenced by the social ideals that emerged after World War I and the Soviet Socialist Revolution. Panama in 1916 decided to adopt
13452-564: Was evacuated in 1541. Juan de Garay re-founded the settlement in 1580 as Santísima Trinidad y Puerto Santa María de Los Buenos Aires . Amidst ongoing conflict with the aboriginals, the cattle farms extended from Buenos Aires , whose port was always the center of the economy of the territory. Following the creation of the Viceroyalty of the Río de la Plata at the end of the 18th century, the export of meat, leather and their derivatives through
13570-531: Was inaugurated in 1935 and hosts the Carlos Pellegrini Grand Prix. The Hipodromo de La Plata is the third largest in Argentina. The province's economy has long been the largest in Argentina, estimated in 2014 to have been US$ 407.6 billion (more than a third of the national total, which was around US$ 680.8 billion in 2016 according to Argentina's economical growing. It has a per capita income of $ 24,780 (around $ 27,300 in 2016). The province
13688-692: Was only completed in 1811 after the dissolution of the Holy Roman Empire under the influence of the Napoleonic Wars . One of the first countries to follow up through legal transplants in codification was Serbia , the Serbian Civil Code (1844). Meanwhile, the French Napoleonic code ( Code Civil ) was enacted in 1804 after only a few years of preparation, but it was a child of the French Revolution , which
13806-465: Was published in 1884). In 1852, Peru promulgated its own civil code (based on a project of 1847), which was not a simple copy or imitation of the French one, but presented a more original text based on the Castillan law (of Roman origin) that was previously in force on the Peruvian territory. Chile promulgated its civil code in 1855, an original work in confront with the French code both for
13924-454: Was until then the Spanish legislation, sanctioned centuries before, primarily because national law had minimal influence on private law . Finally, the sanction of a code was hoped to become an efficient instrument for the consolidation of the national unity that had been expensively obtained only a few years earlier. The unification could have been damaged if the provinces had kept their own laws, or had independently sanctioned new ones to fix
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