Page 1

CIVIL AND COMMERCIAL CODE OF THE NATION
Law 26,994
Approval
THEMATIC INDEX
PRELIMINARY TITLE

Chapter 1

Right

arts. 1st to 3rd

Episode 2

Law

arts. 4th to 8th

Chapter 3

Exercise of rights

arts. 9 to 14

Chapter 4

Rights and assets

arts. 15 to 18

BOOK ONE - GENERAL PART

Title I

Human person

arts. 19 to 140

Title II

Legal person

arts. 141 to 224

Title III

Goods

arts. 225 to 256

Title IV

Facts and legal acts

arts. 257 to 397

Title V

Transfer of rights

arts. 398 to 400

BOOK TWO - FAMILY RELATIONSHIPS

Title I

Marriage

arts. 401 to 445

Title II

Marriage property regime

arts. 446 to 508

Title III

Coexistence unions

arts. 509 to 528

Title IV

Relationship

arts. 529 to 557

Title V

Filiation

arts. 558 to 593

Title VI

Adoption

arts. 594 to 637

Title VII

Parental responsibility

arts. 638 to 704

Title VIII

Family processes

arts. 705 to 723

BOOK THREE - PERSONAL RIGHTS
Title I

General obligations

arts. 724 to 956

Title II

Contracts in general

arts. 957 to 1091

Title III

Consumer contracts

arts. 1092 to 1122

Title IV

Contracts in particular

arts. 1123 to 1707

Title V

Other sources of obligations

arts. 1708 to 1881

BOOK FOUR - REAL RIGHTS
Title I

General disposition

arts. 1882 to 1907

Title II

Possession and possession

arts. 1908 to 1940

Title III

Domain

arts. 1941 to 1982

Title IV

Condominium

arts. 1983 to 2036

Title V

Horizontal property

arts. 2037 to 2072

Title VI

Real estate complexes

arts. 2073 to 2113

Title VII

Surface

arts. 2114 to 2128

Title VIII

Usufruct

arts. 2129 to 2153

Title IX

Use

arts. 2154 to 2157

Title X

Bedroom

arts. 2158 to 2161

Title XI

Servitude

arts. 2162 to 2183

Title XII

Security rights in rem

arts. 2184 to 2237

Title XIII

Possessive actions and real actions

arts. 2238 to 2276

BOOK FIFTH - TRANSMISSION OF RIGHTS BY CAUSE OF DEATH
Title I

Successions

arts. 2277 to 2285

Title II

Acceptance and resignation of the inheritance

arts. 2286 to 2301

Title III

Transfer of inheritance

arts. 2302 to 2309

Title IV

Inheritance petition

arts. 2310 to 2315

Title V

Liability of the heirs and legatees.
Liability settlement

arts. 2316 to 2322

Title VI

State of indivision

arts. 2323 to 2334

Title VII

Succession process

arts. 2335 to 2362

Title VIII

Partition

arts. 2363 to 2423

Title IX

Intestate successions

arts. 2424 to 2443

Title X

Legitimate portion

arts. 2444 to 2461

Title XI

Testamentary successions

arts. 2462 to 2531

BOOK SIX - COMMON PROVISIONS ON PERSONAL AND REAL RIGHTS
Title I

Prescription and expiration

arts. 2532 to 2572

Title II

Privileges

arts. 2573 to 2586

Title III

Lien

arts. 2587 to 2593

Title IV

Provisions of private international law

arts. 2594 to 2671

Law 26,994
Approval
Sanctioned: October 1, 2014
Enacted: October 7, 2014
The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanctioned with force of
Law:
ARTICLE 1 - Approve the Civil and Commercial Code of the Nation that as Annex I integrates this law.
ARTICLE 2 - Approve Annex II that makes up this law, and provide for the replacement of the articles of the laws indicated therein, by the texts that are expressed for each case.
ARTICLE 3 - Repeal the following rules:
a) Laws Nos. 11,357, 13,512, 14,394, 18,248, 19,724, 19,836, 20,276, 21,342 —with the exception of article 6 -, 23,091, 25,509 and 26,005;
b) Section IX of Chapter II —articles 361 to 366— and Chapter III of Law 19,550, to 1984;
c) Articles 36, 37 and 38 of Law 20,266 and its amendments;
d) Article 37 of Decree 1798 of October 13, 1994;
e) Articles 1 to 26 of Law 24,441;
f) Chapters I —with the exception of the second and third paragraphs of Article 11— and III —with the exception of the second and third paragraphs of Article 28— of Law 25,248;
g) Chapters III, IV, V and IX of Law 26,356.
ARTICLE 4 - Repeal the Civil Code, approved by Law 340, and the Commercial Code, approved by Law Nos. 15 and 2,637, except articles 891, 892, 907, 919, 926, 984 to 996, 999 to 1003 and 1006 to 1017/5, which are incorporated as articles 631 to 678 of the law
20,094, empowering the national Executive Power to renumber the articles of the aforementioned law by virtue of the incorporation of the preceding norms.
ARTICLE 5 - The laws that currently make up, complement or are incorporated into the Civil Code or the Commercial Code, except what is established in article 3 of this law, remain in force as laws that complement the Civil and Commercial Code
of the Nation approved by article 1 of the present.
ARTICLE 6 - Any reference to the Civil Code or the Commercial Code contained in the current legislation must be understood as referred to the Civil and Commercial Code of the Nation that is hereby approved.
ARTICLE 7 - This law will enter into force on January 1, 2016.
ARTICLE 8 - Provide as complementary norms for the application of the Civil and Commercial Code of the Nation, the following:
First. “In the cases in which personal separation had been decreed at the time of entry into force of this law, any of those who were spouses may request the conversion of the personal separation sentence into binding divorce.
If the conversion is requested by mutual agreement, the judge who intervened in the separation or that of the domicile of any of the petitioners is competent, at his option; It is resolved, without any formality, with the approval of the request.
If it is requested unilaterally, the judge who intervened in the separation or that of the domicile of the former spouse who does not request the conversion is competent; the judge decides after a three (3) day hearing.
The conversion resolution must be noted in the register that took note of the separation. "
Second. “They are considered just reasons and do not require judicial intervention for the change of pre-name and surname, the cases in which there is a sentence of simple or full adoption and even if it had not been annulled, provided that it is proven that the adoption has as
antecedent the separation of the adoptee from his biological family through State terrorism. " (Corresponds to article 69 of the Civil and Commercial Code of the Nation).
ARTICLE 9 - Provide as transitory norms for the application of the Civil and Commercial Code of the Nation, the following:
First. "The rights of indigenous peoples, in particular community ownership of the lands they traditionally occupy and those other suitable and sufficient for human development, will be the subject of a special law." (Corresponds to article 18 of the Civil Code and
Commercial of the Nation).
Second. "The protection of the non-implanted embryo will be the subject of a special law." (Corresponds to article 19 of the Civil and Commercial Code of the Nation).
Third. "Those born before the entry into force of the Civil and Commercial Code of the Nation by assisted human reproduction techniques are children of the one who gave birth and of the man or woman who has also given their prior, informed and free consent to the realization of
procedure that gave rise to the birth, having to complete the birth certificate before the Civil Registry and Capacity of the People when only a filial link with the person who gave birth and always with the consent of the other mother or father who does not appear in said minutes."
(Corresponds to Chapter 2 of Title V of Book Two of the Civil and Commercial Code of the Nation).
Quarter. "The responsibility of the national State and its officials for the acts and omissions committed in the exercise of their functions will be the subject of a special law." (Corresponds to articles 1764, 1765 and 1766 of the Civil and Commercial Code of the Nation).
ARTICLE 10. - Communicate to the national Executive Power.
GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE FIRST DAY OF THE MONTH OF OCTOBER OF THE YEAR TWO THOUSAND FOURTEEN.
- REGISTERED UNDER NO. 26,994 LOVED BOUDOU. - JULIAN A. DOMINGUEZ. - Lucas Chedrese. - Juan H. Estrada.

ANNEX I
PRELIMINARY TITLE
CHAPTER 1
Right
ARTICLE 1.- Sources and application. The cases governed by this Code must be resolved according to the laws that are applicable, in accordance with the National Constitution and the human rights treaties to which the Republic is a party. For this purpose, the purpose of
the rule. The uses, practices and customs are binding when the laws or the interested parties refer to them or in situations not legally regulated, as long as they are not contrary to law.
ARTICLE 2.- Interpretation. The law must be interpreted taking into account its words, its purposes, analogous laws, the provisions that arise from human rights treaties, legal principles and values, in a manner consistent with the entire legal system.
ARTICLE 3.- Duty to resolve. The judge must resolve the matters that are submitted to his jurisdiction by means of a reasonably founded decision.
EPISODE 2
Law
ARTICLE 4.- Subjective scope. The laws are mandatory for all those who inhabit the territory of the Republic, whether citizens or foreigners, residents, domiciled or non-residents, without prejudice to the provisions of special laws.
ARTICLE 5.- Validity. The laws take effect after the eighth day of their official publication, or from the day they determine.
ARTICLE 6.- Way of counting the intervals of the right. The way to count the intervals on the right is as follows: day is the interval that runs from midnight to midnight. Within the periods set in days, counting from a certain one, this is excluded from the computation, which must
start next. The terms of months or years are computed from date to date. When in the month of expiration there is no day equivalent to the initial calculation, it is understood that the term expires on the last day of that month. The terms expire at the twenty-fourth hour of the expiration date
respective. The civil calculation of the deadlines is full and continuous days, and non-working days or non-working days are not excluded. Within the periods set in hours, counting from a certain hour, this is excluded from the computation, which must start from the following hour. The laws or
the parties may order that the computation be carried out in another way.
ARTICLE 7.- Temporary effectiveness. As of its entry into force, the laws apply to the consequences of existing relationships and legal situations.
The laws do not have retroactive effect, whether or not they are of public order, unless otherwise provided. The retroactivity established by law cannot affect rights protected by constitutional guarantees.
The new supplementary laws are not applicable to contracts in progress, with the exception of the rules more favorable to the consumer in consumer relations.
ARTICLE 8 .- Principle of inexcusability. Ignorance of the laws does not serve as an excuse for their compliance, if the exception is not authorized by the legal system.
CHAPTER 3
Exercise of rights
ARTICLE 9.- Principle of good faith. Rights must be exercised in good faith.
ARTICLE 10.- Abuse of the right. The regular exercise of one's own right or the fulfillment of a legal obligation cannot constitute any act as illegal.
The law does not protect the abusive exercise of rights. Such is considered to be that which runs counter to the purposes of the legal system or that which exceeds the limits imposed by good faith, morals and good customs.
The judge must order what is necessary to avoid the effects of the abusive exercise or the abusive legal situation and, if applicable, try to restore the previous state of fact and fix compensation.
ARTICLE 11.- Abuse of dominant position. The provisions of articles 9 and 10 apply when a dominant position in the market is abused, without prejudice to the specific provisions contemplated in special laws.
ARTICLE 12.- Public order. Fraud of the law. The particular conventions cannot render without effect the laws in whose observance the public order is interested.
The act in respect of which the protection of a legal text is invoked, which pursues a result substantially similar to that prohibited by a peremptory norm, is considered to be granted in fraud of the law. In that case, the act must be subject to the peremptory norm that it is trying to evade.
ARTICLE 13.- Resignation. General waiver of laws is prohibited. The effects of the law can be waived in the particular case, unless the legal system prohibits it.
ARTICLE 14.- Individual and collective incidence rights. This Code recognizes:
a) individual rights;
b) collective advocacy rights.
The law does not protect the abusive exercise of individual rights when it may affect the environment and collective advocacy rights in general.
CHAPTER 4
Rights and assets
ARTICLE 15.- Ownership of rights. People are holders of individual rights over the assets that make up their assets in accordance with what is established in this Code.
ARTICLE 16.- Goods and things. The rights referred to in the first paragraph of article 15 may fall on goods susceptible of economic value. Material goods are called things. The provisions relating to things are applicable to energy and natural forces
susceptible to be put at the service of man.
ARTICLE 17.- Rights over the human body. The rights over the human body or its parts do not have a commercial value, but an affective, therapeutic, scientific, humanitarian or social value and can only be made available by the owner provided that one of those values ​is respected and
as provided by special laws.
ARTICLE 18.- Rights of indigenous communities. Recognized indigenous communities have the right to communal possession and ownership of the lands they traditionally occupy and those other suitable and sufficient for human development as established by law,
In accordance with the provisions of article 75, paragraph 17 of the National Constitution.
BOOK ONE
GENERAL PART
TITLE I
Human person
CHAPTER 1
Beginning of existence
ARTICLE 19.- Beginning of existence. The existence of the human person begins with conception.
ARTICLE 20.- Duration of pregnancy. Time of conception. Time of conception is the time between the maximum and minimum set for the duration of pregnancy. It is presumed, unless proven otherwise, that the maximum time of pregnancy is three hundred days and the minimum
of one hundred and eighty, excluding the day of birth.
ARTICLE 21.- Live birth. The rights and obligations of those conceived or implanted in women are irrevocably acquired if they are born alive.
If not born alive, the person is considered never to have existed. The live birth is presumed.
EPISODE 2
Ability
SECTION 1
General principles
ARTICLE 22.- Legal capacity. Every human person has the ability to be the holder of legal rights and duties. The law may deprive or limit this capacity with respect to facts, simple acts, or specific legal acts.
ARTICLE 23.- Exercise capacity. Every human person can exercise their rights by themselves, except for the limitations expressly provided for in this Code and in a court ruling.
ARTICLE 24.- Persons unable to exercise. They are incapable of exercise:
a) the unborn person;
b) the person who does not have sufficient age and degree of maturity, with the scope provided in Section 2 of this Chapter;
c) the person declared incapable by court ruling, to the extent provided in that decision.
SECTION 2
Underage person
ARTICLE 25.- Minor and adolescent. Minor is the person who has not reached the age of eighteen.
This Code calls an adolescent to the minor person who turned thirteen years old.
ARTICLE 26.- Exercise of rights by the minor. The minor person exercises their rights through their legal representatives.
However, those who are of sufficient age and degree of maturity can exercise the acts that are permitted by the legal system themselves. In situations of conflict of interest with your legal representatives, you can intervene with legal assistance.
Minors have the right to be heard in all judicial proceedings that concern them as well as to participate in decisions about their person.
It is presumed that the adolescent between thirteen and sixteen years of age has the aptitude to decide for themselves regarding those treatments that are not invasive, nor do they compromise their health or cause a serious risk to their life or physical integrity.
In the case of invasive treatments that compromise their health status or their integrity or life is at risk, the adolescent must give their consent with the assistance of their parents; the conflict between the two is resolved taking into account their best interests, on the
basis of medical opinion regarding the consequences of the performance or not of the medical act.
From the age of sixteen, the adolescent is considered as an adult for decisions regarding the care of his own body.
ARTICLE 27.- Emancipation. The celebration of the marriage before the age of eighteen emancipates the minor person.
The emancipated person has full capacity to exercise with the limitations provided in this Code.
Emancipation is irrevocable. The nullity of the marriage does not invalidate the emancipation, except with respect to the spouse in bad faith for whom it ceases from the day on which the sentence passes in res judicata authority.
If something is due to the minor with a clause of not being able to receive it until the age of majority, the emancipation does not alter the obligation or the time of its enforceability.
ARTICLE 28.- Acts prohibited to the emancipated person. The emancipated person cannot, even with judicial authorization:
a) approve the accounts of their tutors and give them a settlement;
b) make a donation of goods that they have received free of charge;
c) consolidate obligations.
ARTICLE 29.- Acts subject to judicial authorization. The emancipated person requires judicial authorization to dispose of the property received free of charge. The authorization must be granted when the act is of all necessity or obvious advantage.
ARTICLE 30.- Minor person with qualifying professional title. The minor person who has obtained a qualifying title for the exercise of a profession can exercise it on their own without the need for prior authorization. Has the administration and disposition of
goods that he acquires with the product of his profession and may be in civil or criminal trial for issues related to it.
SECTION 3
Capacity restrictions
Paragraph 1
Common principles
ARTICLE 31.- General rules. The restriction to the exercise of legal capacity is governed by the following general rules:
a) The general capacity of the human person to exercise is presumed, even when they are admitted to a healthcare establishment;
b) limitations on capacity are of an exceptional nature and are always imposed for the benefit of the person;
c) State intervention is always interdisciplinary in nature, both in the treatment and in the judicial process;
d) the person has the right to receive information through means and technologies suitable for their understanding;
e) the person has the right to participate in the judicial process with legal assistance, which must be provided by the State if they lack the means;
f) The least restrictive therapeutic alternatives of rights and freedoms should be prioritized.
ARTICLE 32.- Person with restricted capacity and disability. The judge may restrict the capacity for certain acts of a person over the age of thirteen who suffers from an addiction or a permanent or prolonged mental disorder, of sufficient severity, provided that
consider that the exercise of your full capacity may result in damage to your person or property.
In relation to such acts, the judge must designate the necessary support (s) provided for in article 43, specifying the functions with reasonable adjustments based on the needs and circumstances of the person.
The designated support (s) must promote autonomy and favor decisions that respond to the preferences of the protected person.
Exceptionally, when the person is absolutely unable to interact with their environment and express their will by any suitable way, medium or format and the support system is ineffective, the judge may declare the disability and appoint a curator.
ARTICLE 33.- Legitimized. They are entitled to request the declaration of incapacity and restricted capacity:
a) the interested party;
b) the spouse not separated in fact and the partner as long as the cohabitation has not ceased;
c) relatives within the fourth degree; if they were by affinity, within the second degree;
d) the Public Ministry.
ARTICLE 34.- Precautionary measures. During the process, the judge must order the necessary measures to guarantee the personal and patrimonial rights of the person. In this case, the decision must determine which acts require the assistance of one or more supports, and which the
representation of a curator. You can also designate support networks and people to act with specific functions depending on the case.
ARTICLE 35.- Personal interview. The judge must guarantee immediacy with the interested party during the process and interview him personally before issuing any resolution, ensuring accessibility and reasonable adjustments of the procedure according to the situation of the latter. The
Public Ministry and, at least, one lawyer who provides assistance to the interested party, must be present at the hearings.
ARTICLE 36.- Intervention of the interested party in the process. Competence. The person in whose interest the process is carried out is a party and can provide all the evidence they make in their defense.
Filed the request for declaration of incapacity or restriction of capacity before the judge corresponding to his domicile or place of admission, if the person in whose interest the process is carried out has appeared without a lawyer, one must be appointed so that the
represent and provide legal assistance at the trial.
The person who requested the statement can provide all kinds of evidence to prove the facts invoked.
ARTICLE 37.- Sentence. The sentence must be pronounced on the following aspects related to the person in whose interest the process is followed:
a) diagnosis and prognosis;
b) time when the situation manifested itself;
c) existing personal, family and social resources;
d) regime for the protection, assistance and promotion of the greatest possible autonomy.
To be issued, the opinion of an interdisciplinary team is essential.
ARTICLE 38.- Scope of the sentence. The sentence must determine the extension and scope of the restriction and specify the functions and acts that are limited, ensuring that the impairment of personal autonomy is the least possible. Likewise, you must designate one or more persons from
support or curators in accordance with the provisions of article 32 of this Code and indicate the validity conditions of the specific acts subject to the restriction, indicating the person or persons involved and the modality of their action.
ARTICLE 39.- Registration of the sentence. The sentence must be registered in the Registry of Civil Status and Capacity of Persons and must be recorded outside the birth certificate.
Without prejudice to the provisions of article 45, the acts mentioned in this Chapter produce effects against third parties only after the date of registration in the registry.
Once the restrictions have disappeared, the registration is immediately canceled.
ARTICLE 40.- Review. The review of the declarative sentence can take place at any time, at the request of the interested party. In the case provided for in article 32, the sentence must be reviewed by the judge within a period not exceeding three years, on the basis of new
interdisciplinary opinions and mediating the personal audience with the interested party.
It is the duty of the Public Ministry to supervise the effective fulfillment of the judicial review referred to in the first paragraph and to urge, where appropriate, that it be carried out if the judge has not carried it out within the period established therein.
ARTICLE 41.- Internment. Admission without the consent of a person, whether or not their capacity is restricted, proceeds only if the precautions provided for in the special legislation and the general rules of this Section are complied with. In particular:
a) It must be based on an evaluation of an interdisciplinary team in accordance with the provisions of Article 37, which indicates the reasons that justify it and the absence of an effective alternative that is less restrictive of their freedom;
b) it only proceeds when there is a certain and imminent risk of significant damage to the protected person or to third parties;
c) it is considered a therapeutic resource of a restrictive nature and for the shortest possible time; it must be periodically supervised;
d) due process, immediate judicial control and the right to defense must be guaranteed through legal assistance;
e) the sentence approving the hospitalization must specify its purpose, duration and periodicity of the review.
Every person with mental illness, whether or not he is hospitalized, enjoys fundamental rights and their extensions.
ARTICLE 42.- Transfer arranged by public authority. Evaluation and hospitalization. The public authority may order the transfer of a person whose condition does not allow for delays and is at certain and imminent risk of harm to himself or to third parties, to a health center for
your evaluation. In this case, if hospitalization is admitted, the terms and conditions established in the special legislation must be complied with. The security forces and public health services must provide immediate assistance.
Paragraph 2
Capacity exercise support systems
ARTICLE 43.- Concept. Function. Designation. Support is understood to be any measure of a judicial or extrajudicial nature that facilitates the person who needs it to make decisions to direct their person, manage their assets and carry out legal acts in general.
The support measures have the function of promoting autonomy and facilitating communication, understanding and the expression of will of the person to exercise their rights.
The interested party can propose to the judge the appointment of one or more people of their trust to provide support. The judge must evaluate the scope of the appointment and seek to protect the person from possible conflicts of interest or undue influence. The
The resolution must establish the condition and quality of the support measures and, if necessary, be registered in the Registry of Civil Status and Capacity of Persons.
Paragraph 3
Acts carried out by an incapable person or with restricted capacity
ARTICLE 44.- Acts subsequent to the registration of the sentence. The acts of the incapable person and with restricted capacity that contravene the provisions of the sentence carried out after their registration in the Registry of Civil Status and Capacity of Persons are null and void.
ARTICLE 45.- Acts prior to registration. The acts prior to the registration of the sentence can be declared void, if they harm the incapable person or with restricted capacity, and any of the following points are met:
a) the mental illness was evident at the time of the celebration of the act;
b) whoever contracted with him was in bad faith;
c) the act is free of charge.
ARTICLE 46.- Deceased person. After his death, the inter-living acts prior to the registration of the sentence cannot be contested, except that the mental illness results from the act itself, that the death occurred after the action for the
declaration of incapacity or restricted capacity, that the act is gratuitous, or that it is proven that whoever contracted with her acted in bad faith.
Paragraph 4
Cessation of Disability and Capacity Restrictions
ARTICLE 47.- Procedure for termination. The cessation of incapacity or restriction of capacity must be decreed by the judge who declared it, after examination of an interdisciplinary team integrated in accordance with the guidelines of article 37, which decides on the reestablishment of
person.
If the restoration is not total, the judge can expand the list of acts that the person can perform by himself or with the assistance of his guardian or support.
Paragraph 5
Disabled
ARTICLE 48.- Prodigal. Those who, due to prodigality in the management of their assets, expose their spouse, partner or their minor or disabled children to the loss of assets may be disqualified. For these purposes, a person with a disability is considered to be all
person who suffers from a permanent or prolonged physical or mental functional alteration, which in relation to their age and social environment implies considerable disadvantages for their family, social, educational or work integration. The action only corresponds to the spouse, partner and the
ascendants and descendants.
ARTICLE 49.- Effects. The declaration of disqualification involves the designation of a support, which must assist the disqualified in the granting of acts of disposition between living and in the other acts that the judge fixes in the sentence.
ARTICLE 50.- Cessation of disqualification. The termination of the disqualification is decreed by the judge who declared it, after an interdisciplinary examination that decides on the reinstatement of the person.
If the restoration is not total, the judge can expand the list of acts that the person can perform on their own or with support.
CHAPTER 3
Very personal rights and acts
ARTICLE 51.- Inviolability of the human person. The human person is inviolable and in any circumstance has the right to recognition and respect for his dignity.
ARTICLE 52.- Damage to dignity. The human person injured in his personal or family privacy, honor or reputation, image or identity, or that in any way is impaired in his personal dignity, can claim the prevention and reparation of the damages suffered,
in accordance with the provisions of Book Three, Title V, Chapter 1.
ARTICLE 53.- Right to the image. In order to capture or reproduce the image or voice of a person, in whatever way it is done, their consent is necessary, except in the following cases:
a) that the person participates in public events;
b) that there is a priority scientific, cultural or educational interest, and sufficient precautions are taken to avoid unnecessary damage;
c) that it is the regular exercise of the right to report on events of general interest.
In the case of deceased persons, their heirs or the person designated by the deceased may give their consent in a last will provision. If there is disagreement between heirs of the same degree, the judge decides. Twenty years after death, reproduction does not
offensive is free.
ARTICLE 54.- Dangerous acts. The fulfillment of the contract that is intended to carry out acts dangerous to the life or integrity of a person is not enforceable, except that they correspond to their usual activity and that prevention and safety measures are adopted
appropriate to the circumstances.
ARTICLE 55.- Provision of very personal rights. The consent for the provision of the most personal rights is admitted if it is not contrary to the law, morals or good customs. This consent is not presumed, it is of restrictive interpretation, and freely
revocable.
ARTICLE 56.- Acts of disposition on the own body. Acts of disposition of the body itself that cause a permanent decrease in its integrity or are contrary to the law, morality or good customs are prohibited, except when they are required for the
improvement of the health of the person, and exceptionally of another person, in accordance with the provisions of the legal system.
The ablation of organs to be implanted in other people is governed by special legislation.
Consent for acts not included in the prohibition established in the first paragraph cannot be supplied, and it is freely revocable.
ARTICLE 57.- Prohibited practices. Any practice intended to produce a genetic alteration of the embryo that is transmitted to its offspring is prohibited.
ARTICLE 58.- Investigations in human beings. Medical research on human beings through interventions, such as treatments, prevention methods, diagnostic or predictive tests, whose efficacy or safety is not scientifically proven, can only be
performed if the following requirements are met:
a) clearly describe the project and the method to be applied in a research protocol;
b) be carried out by persons with appropriate scientific and professional training and qualifications;
c) have the prior approval of an accredited research ethics evaluation committee;
d) have the prior authorization of the corresponding public body;
e) be based on a careful comparison of the risks and burdens in relation to the foreseeable benefits they represent for the persons participating in the research and for others affected by the subject under investigation;
f) have the prior, free, written, informed and specific consent of the person participating in the research, to whom the objectives and methodology of the research, its risks and possible benefits must be explained, in understandable terms; said consent is
revocable;
g) not imply for the participant disproportionate risks and inconveniences in relation to the benefits that are expected to be obtained from the research;
h) safeguard the privacy of the person participating in the investigation and the confidentiality of their personal information;
i) ensure that the participation of the research subjects is not burdensome for them and that they have access to appropriate medical care in case of adverse events related to the research, which must be available when required;
j) ensure to research participants the availability and accessibility of treatments that research has shown to be beneficial.
ARTICLE 59.- Informed consent for medical acts and health research. Informed consent for medical acts and health research is the declaration of will expressed by the patient, issued after receiving clear, precise and adequate information,
about:
a) your state of health;
b) the proposed procedure, specifying the objectives pursued;
c) the expected benefits of the procedure;
d) the risks, annoyances and foreseeable adverse effects;
e) the specification of alternative procedures and their risks, benefits and harms in relation to the proposed procedure;
f) the foreseeable consequences of not carrying out the proposed procedure or the specified alternatives;
g) in case of suffering an irreversible, incurable disease, or when he is in a terminal state, or has suffered injuries that place him in the same situation, the right to refuse surgical procedures, hydration, feeding, artificial resuscitation or the withdrawal of
life support measures, when they are extraordinary or disproportionate in relation to the prospects for improvement, or produce disproportionate suffering, or have the sole effect of prolonging this irreversible and incurable terminal stage over time;
h) the right to receive comprehensive palliative care in the process of care for their illness or condition.
No person with a disability may be subjected to health research without their free and informed consent, for which they must be guaranteed access to the support they need.
No one may be subjected to clinical or surgical examinations or treatments without their free and informed consent, except as otherwise provided by law.
If the person is absolutely unable to express their wishes at the time of medical care and has not expressed it in advance, consent can be granted by the legal representative, support, spouse, partner, relative or close friend who
accompany the patient, whenever there is an emergency situation with a certain and imminent risk of serious harm to his life or health. In the absence of all of them, the doctor may dispense with consent if his action is urgent and is intended to avoid serious harm to the patient.
patient.
ARTICLE 60.- Advance medical directives. The fully capable person can anticipate directives and confer mandate regarding his health and in anticipation of his own disability. It can also designate the person or persons who must express consent for the
medical acts and to exercise his conservatorship. The directives that imply the development of euthanasia practices are considered unwritten.
This declaration of will can be freely revoked at any time.
ARTICLE 61.- Exequias. The fully capable person may dispose, by any form, the manner and circumstances of his funeral and burial, as well as the donation of all or part of the corpse for therapeutic, scientific, pedagogical or similar purposes. If the will of the
The deceased has not been expressed, or it is not presumed, the decision corresponds to the spouse, the partner and, failing that, to the relatives according to the succession order, who cannot give the corpse a different fate than the one that the deceased would have given if they could have express your will.
CHAPTER 4
Name
ARTICLE 62.- Right and duty. The human person has the right and the duty to use the forename and surname that correspond to him.
ARTICLE 63.- Rules concerning the prename. The choice of the prename is subject to the following rules:
a) corresponds to the parents or the persons to whom they give their authorization for this purpose; in the absence or impediment of one of the parents, the choice or authorization of the other corresponds; in the absence of all, it must be done by the guardians, the Public Ministry or the official
of the Registry of Civil Status and Capacity of Persons;
b) no more than three prenames can be registered, surnames as prenames, first prenames identical to first prenames of living siblings; neither can extravagant names be inscribed;
c) Aboriginal names or names derived from native and Latin American aboriginal voices can be registered.
ARTICLE 64.- Surname of the children. The married child bears the first surname of one of the spouses; If there is no agreement, it is determined by a lottery carried out in the Registry of Civil Status and Capacity of Persons. At the request of the parents, or of the interested party of age and
sufficient maturity, you can add the other's last name.
All children of the same marriage must bear the surname and the composite integration that has been decided for the first of the children.
The extramarital child with only one filial relationship bears the surname of that parent. If the parentage of both parents is determined simultaneously, the first paragraph of this article applies. If the second parentage is determined later, the parents agree on the order; in the absence of agreement, the
The judge arranges the order of the surnames, according to the best interests of the child.
ARTICLE 65.- Surname of a minor without a specific affiliation. The underage person without a specific affiliation must be noted by the official of the Registry of Civil Status and Capacity of Persons with the surname they are using, or failing that, with a surname
common.
ARTICLE 66.- Special cases. The person of sufficient age and degree of maturity who does not have a registered surname can request the registration of the one he is using.
ARTICLE 67.- Spouses. Either spouse can choose to use the other's last name, with or without the preposition "of".
The person who is divorced or whose marriage has been declared null cannot use the surname of the other spouse, unless, for reasonable reasons, the judge authorizes it to keep it.
The widowed spouse may continue to use the other spouse's last name as long as it does not contract a new marriage, nor does it constitute a coexistence union.
ARTICLE 68.- Name of the adoptive child. The name of the adopted child is governed by the provisions of Chapter 5, Title VI of Book Two of this Code.
ARTICLE 69.- Change of name. The change of prename or surname only proceeds if there are just reasons at the discretion of the judge.
It is considered just cause, according to the particularities of the case, among others, to:
a) the pseudonym, when it has acquired notoriety;
b) cultural, ethnic or religious roots;
c) the affectation of the personality of the person concerned, whatever its cause, provided that it is accredited.
They are considered just reasons, and do not require judicial intervention, the change of prename due to gender identity and the change of prename and surname for having been a victim of forced disappearance, illegal appropriation or alteration or suppression of marital status or of the
identity.
ARTICLE 70.- Process. All prename or surname changes must be processed through the most abbreviated process provided by local law, with the intervention of the Public Ministry. The request must be published in the official gazette once a month, within two months. Can be formulated
opposition within fifteen business days from the last publication. Information should be required on existing precautionary measures regarding the interested party. The sentence is enforceable against third parties from its registration in the Registry of Civil Status and Capacity of the
People. All necessary items, titles and registry entries must be rectified.
ARTICLE 71.- Actions to protect the name. You can exercise actions in defense of your name:
a) one to whom the use of his name is unknown, so that it is recognized and any future challenge by whoever denies it is prohibited; the publication of the sentence must be ordered at the cost of the defendant;
b) the one whose name is improperly used by another, to cease that use;
c) the one whose name is used to designate things or fantasy characters, if this causes material or moral damage, so that the use ceases.
In all cases, damages can be demanded and the judge can order the publication of the sentence.
The actions can be exercised exclusively by the interested party; if he has died, by his descendants, spouse or partner, and in their absence, by ascendants or siblings.
ARTICLE 72.- Pseudonym. The notorious pseudonym enjoys the guardianship of the name.
CHAPTER 5

Address
ARTICLE 73.- Real domicile. The human person has a real domicile in the place of his habitual residence.
If you carry out professional or economic activity, you have it in the place where you carry it out for the fulfillment of the obligations arising from said activity.
ARTICLE 74.- Legal address. The legal domicile is the place where the law presumes, without admitting evidence to the contrary, that a person resides permanently for the exercise of their rights and the fulfillment of their obligations. Only the law can establish it, and without prejudice to the
provided in special rules:
a) Public officials have their domicile in the place where they must fulfill their functions, these being not temporary, periodic, or simple commission;
b) the military in active service have their domicile in the place where they are lending it;
c) passers-by or people who do itinerant practice, such as those who do not have a known address, have it in the place of their current residence;
d) incapable persons have it at the domicile of their representatives.
ARTICLE 75.- Special domicile. The parties to a contract can choose a domicile for the exercise of the rights and obligations that emanate from it.
ARTICLE 76.- Address ignored. The person whose domicile is not known has it in the place where he is; and if this is also ignored at the last known address.
ARTICLE 77.- Change of address. The address can be changed from one place to another. This power can not be restricted by contract, nor by provision of last will. The change of address is verified instantly by the fact of moving the residence from one place to another
with the intention of staying in it.
ARTICLE 78.- Effect. The domicile determines the competence of the authorities in legal relations. The choice of a domicile produces the extension of the competition.
CHAPTER 6
Absence
ARTICLE 79.- Simple absence. If a person has disappeared from his home, without having any news of it, and without having left a proxy, a curator can be appointed to his property if the care of these requires it. The same rule should be applied if there is a proxy, but their powers
they are insufficient or they do not adequately carry out the mandate.
ARTICLE 80.- Legitimized. They can request the declaration of absence, the Public Ministry and any person who has a legitimate interest regarding the assets of the absent.
ARTICLE 81.- Competent judge. The judge of the absentee's domicile is competent. If he did not have it in the country, or is not known, the judge of the place where there are goods whose care is necessary is competent; if there are assets in different jurisdictions, the one that has been prevented.
ARTICLE 82.- Procedure. The alleged absentee must be summoned by edicts for five days, and if the term expires does not appear, the official defender must be given intervention or, failing that, the absent defender must be appointed as defender. The Public Ministry is a necessary part of the trial.
If before the declaration of absence actions are promoted against the absent person, the defender must represent him.
In urgent cases, the judge may appoint a provisional administrator or adopt the measures that the circumstances advise.
ARTICLE 83.- Sentence. After hearing the defender, if the legal extremes concur, the absence must be declared and curator appointed. For the appointment, the provisions for the discernment of conservatorship must be followed.
The curator can only perform the acts of conservation and ordinary administration of the assets. Any act that exceeds ordinary administration must be authorized by the judge; authorization must be granted only in case of evident and urgent need.
The fruits of the managed assets must be used to support the descendants, spouse, partner and ascendants of the absent person.
ARTICLE 84.- Conclusion of the conservatorship. The guardianship of the absentee ends for:
a) the presentation of the absentee, personally or by proxy;
b) his death;
c) his presumed death judicially declared.
CHAPTER 7
Presumption of death
ARTICLE 85.- Ordinary case. The absence of a person from his / her home without being notified for a period of three years, causes the presumption of his / her death even though he / she has left a proxy.
The period must be counted from the date of the last notice of the absentee.
ARTICLE 86.- Extraordinary cases. The death of an absentee is also presumed:
a) If for the last time he was found at the scene of a fire, earthquake, action of war or other similar event, likely to cause death, or participated in an activity involving the same risk, and there is no news of him for the term of two years, counted from the day
when the event occurred or could have occurred;
b) if, when a ship or aircraft was shipwrecked or lost, there was no notice of its existence for a period of six months from the day the event occurred or could have occurred.
ARTICLE 87.- Legitimized. Anyone who has any right subordinate to the death of the person in question, can request the declaration of presumed death, justifying the legal points and the carrying out of proceedings aimed at the investigation of the existence of the
absent.
The judge of the absentee's domicile is competent.
ARTICLE 88.- Procedure. Curator of the goods. The judge must appoint the absent defender or give intervention to the official defender, and summon him by edicts once a month for six months. You must also appoint a curator of your assets, if there is no agent with powers
sufficient, or if for any reason the former does not carry out the mandate correctly.
The declaration of simple absence does not constitute a necessary budget for the declaration of presumed death, nor does it replace the verification of the procedures carried out to know the existence of the absent person.
ARTICLE 89.- Declaration of presumed death. After six months, after receiving the evidence and hearing the defense counsel, the judge must declare the presumed death if the legal points are proven, set the presumptive day of death and order the registration of the sentence.
ARTICLE 90.- Presumptive day of death. The presumptive day of death must be set:
a) in the ordinary case, the last day of the first year and a half;
b) in the first of the extraordinary cases, the day of the event, and if it is not determined, the day of the average term of the time in which it occurred or could have occurred;
c) in the second extraordinary case, the last day on which the lost ship or aircraft was known;
d) if possible, the sentence should also determine the presumptive time of death; otherwise, it is considered to have occurred at the expiration of the day declared as presumptive of death.
ARTICLE 91.- Delivery of the goods. Inventory. The heirs and legatees must receive the assets of the presumed deceased declared, after inventory formation. The domain must be registered in the corresponding registry with the prenote of the case; can be done
partition of assets, but not to alienate or encumber them without judicial authorization.
If the goods have been delivered, the absentee is present or there is certain news of their existence, the declaration of death is void, proceeding to the return of those at the request of the interested party.
ARTICLE 92.- Conclusion of the prenote. The prenuptial is void after five years from the presumptive date of death or eighty years from the birth of the person. From that moment on, the goods can be freely disposed of.
If the absentee reappears, you can claim:
a) the delivery of the goods that exist in the state in which they are found;
b) those acquired with the value of the missing ones;
c) the price owed from the disposed of;
d) uneaten fruits.
CHAPTER 8
End of people's existence
ARTICLE 93.- General principle. The existence of the human person ends with his death.
ARTICLE 94.- Verification of death. Proof of death is subject to accepted medical standards, applying special legislation in the case of ablation of organs from the corpse.
ARTICLE 95.- Commemoration. People who perish in a common disaster or in any other circumstance are presumed to die at the same time, if it cannot be determined otherwise.
CHAPTER 9
Proof of birth, death and age
ARTICLE 96.- Means of proof. The birth that occurred in the Republic, its circumstances of time and place, the sex, the name and the affiliation of the people born, is proven with the Civil Registry entries.
In the same way, the death of the deceased persons in the Republic is proved.
The rectification of the items is done in accordance with the provisions of the special legislation.
ARTICLE 97.- Birth or death occurred abroad. Birth or death occurred abroad are proven with the instruments granted according to the laws of the place where they are produced, legalized or authenticated in the manner provided by the conventions.
international, and in the absence of conventions, by the consular provisions of the Republic.
The certificates of the entries practiced in the Argentine consular registries are sufficient to prove the birth of the Argentine children and to prove the death of the Argentine citizens.
ARTICLE 98.- Lack of registration or nullity of the seat. If there is no public record or the entry is missing or null, the birth and death can be accredited by other means of proof.
If the corpse of a person is not found or cannot be identified, the judge may consider the death to be proven and order the pertinent entry in the registry, if the disappearance occurred in such circumstances that the death must be considered true.
ARTICLE 99.- Determination of age. If it is not possible to establish the age of the persons by the means indicated in this Chapter, it must be determined by the court after the opinion of experts.
CHAPTER 10
Representation and assistance. Guardianship and curatorship
SECTION 1
Representation and assistance
ARTICLE 100.- General rule. Incapable persons exercise through their representatives the rights that they cannot exercise on their own.
ARTICLE 101.- Enumeration. They are representatives:
a) of the unborn, their parents;
b) of non-emancipated minors, their parents. If the parents are absent, or both are incapable, or are deprived of parental responsibility, or suspended in their exercise, the guardian appointed to them;
c) of persons with restricted capacity, the designated support (s) when, according to the judgment, they have representation for certain acts; of the incapable persons in the terms of the last paragraph of the article 32, the curator who is appointed to them.
ARTICLE 102.- Assistance. People with restricted capacity and those with disabilities are assisted by the supports designated in the respective sentence and in other special laws.
ARTICLE 103.- Action of the Public Ministry. The action of the Public Ministry with respect to minors, incapacitated and with restricted capacity, and those whose exercise of capacity requires a system of support can be, in the judicial sphere,
complementary or main.
a) It is complementary in all processes in which the interests of minors, incapacitated and with restricted capacity are involved; the lack of intervention causes the relative nullity of the act.
b) It is main:
i) when the rights of the represented parties are compromised, and there is inaction of the representatives;
ii) when the purpose of the process is to demand compliance with the duties of the representatives;
iii) when they lack a legal representative and it is necessary to provide representation.
In the extrajudicial sphere, the Public Ministry acts in the absence, lack or inaction of legal representatives, when social, economic and cultural rights are compromised.
SECTION 2
Guardianship
Paragraph 1
General disposition
ARTICLE 104.- Concept and general principles. Guardianship is intended to provide protection to the person and property of a child or adolescent who has not reached the fullness of his civil capacity when there is no person exercising parental responsibility.
The general principles listed in Title VII of Book Two apply.
If custody had been granted to a relative in accordance with the provisions of the Title of parental responsibility, the protection of the person and property of the child and adolescent may be in charge of the custodian by decision of the judge who granted the custody, if it is more
beneficial to your best interests; in the same sense, if the holders of parental responsibility delegated its exercise to a relative. In this case, the judge who approved the delegation can grant the functions of protection of the person and property of the children and adolescents to
who the incumbents delegated their exercise. In both cases, the guardian is the legal representative of the child or adolescent in all matters of a patrimonial nature.
ARTICLE 105.- Characters. Guardianship can be exercised by one or more people, according to what is most beneficial to the child or adolescent.
If it is exercised by more than one person, the differences of opinion must be settled before the judge who has discerned the guardianship, with the due intervention of the Public Ministry.
The position of guardian is non-transferable; the Public Ministry intervenes in accordance with the provisions of article 103.
ARTICLE 106.- Guardian appointed by the parents. Any of the parents who are not deprived or suspended from the exercise of parental responsibility may appoint their minor children as guardian or guardians, either by will or by public deed. This designation
it must be judicially approved. The provisions that exempt the guardian from making an inventory, authorize him to receive the goods without complying with that requirement, or release him from the duty to render accounts are considered unwritten.
If the parents have delegated the exercise of parental responsibility to a relative, the will to be appointed guardian of their minor children is presumed, a designation that must be discerned by the judge who approved the delegation or the center of life of the boy, girl or
adolescent, at the choice of the relative.
If there are provisions of both parents, they apply both together as long as they are compatible. If not, the judge must adopt those that he deems most convenient for the ward.
ARTICLE 107.- Data protection. In the absence of parental appointment of guardian or guardians or in the absence, rejection or impossibility of exercising those designated, the judge must grant guardianship to the person who is most suitable to provide protection to the child or
adolescent, having to reasonably establish the reasons that justify said suitability.
ARTICLE 108.- Prohibitions to be a dative guardian. The judge cannot grant dative guardianship:
a) to their spouse, partner, or relatives within the fourth degree, or second by affinity;
b) to the people with whom he maintains an intimate friendship or to the relatives within the fourth degree, or second by affinity;
c) people with whom you have common interests;
d) its debtors or creditors;
e) the members of the national or provincial courts who exercise their functions in the place of appointment; neither to those who have common interests with them, nor to their intimate friends or their relatives, within the fourth degree, or second by affinity;
f) who is the guardian of another minor, unless they are minor siblings, or there are justifying causes.
ARTICLE 109.- Special guardianship. The judicial appointment of special guardians corresponds in the following cases:
a) when there is a conflict of interest between the represented parties and their representatives; if the person represented is an adolescent, he can act on his own, with legal assistance, in which case the judge may decide that the appointment of the special guardian is not necessary;
b) when the parents do not have the administration of the assets of the minor children;
c) when there is opposition of interests between different incapacitated persons who have the same legal representative, be it father, mother, guardian or curator; if the incapacitated persons are adolescents, the provisions of subsection a) govern;
d) when the person subject to guardianship has acquired assets with the condition that they are managed by a specific person or with the condition that they are not managed by their guardian;
e) when there is a need to exercise administrative acts over assets of foreign jurisdiction to the guardianship judge and they cannot be properly administered by the guardian;
f) when specific or particular knowledge is required for an adequate exercise of administration due to the characteristics of the asset to be managed;
g) When there are urgent reasons, until the appointment of the corresponding tutor is processed.
ARTICLE 110.- Excluded persons. People cannot be guardians:
a) who do not have domicile in the Republic;
b) unrehabilitated streams;
c) who have been deprived or suspended in the exercise of parental responsibility, or have been removed from the guardianship or curatorship or support of another incapable person or with restricted capacity, for reasons attributable to them;
d) that they must hold a position or commission outside the country for a long time or indefinite term;
e) who have no known trade, profession or way of life, or have notorious misconduct;
f) Sentenced for a fraudulent offense to custodial penalties;
g) debtors or creditors for considerable sums with respect to the person subject to guardianship;
h) that they have lawsuits with whoever requires the appointment of a guardian. The prohibition extends to your spouse, partner, parents or children;
i) that, being obliged, they fail to report the facts that give rise to the opening of the guardianship;
j) disabled, incapable or with restricted capacity;
k) that have been expressly excluded by the father or mother of the person requiring guardianship, except that according to the judgment of the judge it is beneficial for the child or adolescent.
ARTICLE 111.- Obliged to report. Relatives obliged to provide maintenance to the child or adolescent, the guardian or those who have been appointed guardians by their parents or they have delegated the exercise of parental responsibility, must report to the authority
competent that the child or adolescent does not have an adult reference to protect him, within ten days of having known this circumstance, under penalty of being deprived of the possibility of being appointed guardians and being responsible for the damages that his omission from
Reporting causes the child or adolescent.
Public officials in charge of the Registry of Civil Status and Capacity of Persons and other public officials who, in exercise of their position, are aware of any fact that gives rise to the need for guardianship, have the same obligation.
The judge must provide ex officio what corresponds, when he has knowledge of a fact that motivates the opening of a guardianship.
Paragraph 2
Guardianship Discernment
ARTICLE 112.- Judicial discernment. Competence. Guardianship is always judicially discerned. For the discernment of guardianship, the judge of the place where the child or adolescent has their center of life is competent.
ARTICLE 113.- Hearing with the minor. For the discernment of guardianship, and for any other decision related to the minor, the judge must:
a) previously hear the child or adolescent;
b) take into account their manifestations based on their age and maturity;
c) decide based primarily on their best interests.
ARTICLE 114.- Acts prior to the discernment of guardianship. The acts of the guardian prior to the discernment of guardianship are confirmed by the appointment, if this does not result in harm to the child or adolescent.
ARTICLE 115.- Inventory and appraisal. Once the guardianship is discerned, the assets of the ward must be delivered to the guardian, after an inventory and appraisal carried out by the judge appointed.
If the guardian has a credit against the person subject to guardianship, he must make it appear in the inventory; if it does not, you cannot claim it later, unless by omitting it you have ignored its existence.
Until the inventory is made, the tutor can only take the measures that are urgent and necessary.
The goods that the boy, girl or adolescent acquires by succession or other title must be inventoried and valued in the same way.
ARTICLE 116.- Rendering of accounts. If the guardian succeeds one of the parents or another previous guardian, he must immediately request, the substituted or his heirs, judicial rendering of accounts and delivery of the property of the ward.
Paragraph 3
Exercise of guardianship
ARTICLE 117.- Exercise. The person exercising guardianship is the legal representative of the child or adolescent in all matters of a patrimonial nature, without prejudice to their personal actions in the exercise of their right to be heard and the progressive recognition of their capacity.
granted by law or authorized by the judge.
ARTICLE 118.- Responsibility. The guardian is responsible for the damage caused to the ward by his fault, by action or omission, in the exercise or on the occasion of his functions. The ward, any of his relatives, or the Public Ministry can judicially request the orders
necessary to remedy it, without prejudice to their being adopted ex officio.
ARTICLE 119.- Education and food. The judge must set the sums required for the education and food of the child or adolescent, weighing the amount of their assets and the income they produce, without prejudice to their adequacy according to the circumstances.
If the resources of the person subject to guardianship are not sufficient to attend to their care and education, the guardian may, with judicial authorization, demand maintenance from those obliged to provide them.
ARTICLE 120.- Prohibited acts. The person exercising guardianship cannot, even with judicial authorization, celebrate with his ward the acts prohibited to parents with respect to their minor children.
Before the final account is judicially approved, the guardian cannot enter into any contract with the ward, even if the disability has ceased.
ARTICLE 121.- Acts that require judicial authorization. In addition to the acts for which the parents need judicial authorization, the guardian must require it for the following:
a) Acquire real estate or any property that is not useful to satisfy the food requirements of the ward;
b) lend money from his ward. The authorization should only be granted if there are sufficient real guarantees;
c) lease the property of the ward or enter into contracts with a similar purpose for a term greater than three years. In all cases, these contracts conclude when the ward reaches the age of majority;
d) take in lease real estate other than the house;
e) contract debts, repudiate inheritances or donations, make transactions and remit credits even if the debtor is insolvent;
f) to make extraordinary expenses that are not of repair or conservation of the goods;
g) perform all those acts in which the guardian's relatives within the fourth or second degree of affinity, or their partners or close friends are directly or indirectly interested.
ARTICLE 122.- Real rights over property of the ward. The judge may authorize the transmission, constitution or modification of real rights over the property of the child or adolescent only if there is obvious convenience.
Goods that have emotional or cultural value can only be sold in case of absolute necessity.
ARTICLE 123.- Form of sale. The sale must be made at public auction, except in the case of furniture of little value, or if in the judgment of the judge, the extrajudicial sale may be more convenient and the price offered is higher than the appraisal.
ARTICLE 124.- Money. After the expenses of the guardianship are covered, the money of the ward must be placed at interest in banks of recognized solvency, or invested in public securities, in his name and at the order of the judge with reference to the cars to which it belongs. Guardian cannot
withdraw funds, titles or securities without judicial authorization.
ARTICLE 125.- Trust and other safe investments. The judge may also authorize that the assets be transferred in trust to an entity authorized to publicly offer itself as trustee, provided that the ward is the beneficiary. You can also arrange another
type of safe investments, prior technical opinion.
ARTICLE 126.- Society. If the ward has part in a partnership, the guardian is empowered to exercise the rights that correspond to the partner to whom the ward has succeeded. If you have to choose between the continuation and dissolution of the company, the judge must decide after a report
of the tutor.
ARTICLE 127.- Goodwill. If the ward owns a goodwill, the guardian is authorized to carry out all the ordinary administrative acts of the establishment. The acts that exceed that, must be judicially authorized.
If the continuation of the exploitation is detrimental, the judge must authorize the cessation of the business, empowering the guardian to dispose of it, after an appraisal, in public auction or private sale, whichever is more convenient. As long as it is not sold, the guardian is authorized to proceed as best
it suits the interests of the ward.
Page 2ARTICLE 128.- Remuneration of the tutor. The guardian has the right to the remuneration that is set judicially taking into account the importance of the property of the ward and the work that his administration has demanded in each period. In the case of guardianship exercised by two
people, the remuneration must be unique and distributed among them according to judicial criteria. The single remuneration may not exceed one tenth of the liquid fruits of the minor's assets.
The guardian who exercises guardianship functions also has the right to compensation.
The pending fruits at the beginning of the guardianship and its termination must be computed for the purposes of remuneration, to the extent that the management has been useful for their perception.
ARTICLE 129.- Cessation of the right to remuneration. The tutor has no right to remuneration:
a) If appointed by a testator, he has left a legacy that can be considered remunerative for his management. You can choose to renounce the legacy or return it, receiving the legal remuneration;
b) if the income of the ward is not enough to meet the expenses of his food and education;
c) if he was removed from guardianship due to causes attributable to his fault or fraud, in which case he must also restore what he received, without prejudice to the responsibilities for the damages caused;
d) If he marries the ward without due judicial dispensation.
Paragraph 4
Guardianship accounts
ARTICLE 130.- Duty to render accounts. Periodicity. Who exercises the guardianship must keep a faithful and documented account of the income and expenses of its management. Must render accounts: at the end of each year, upon leaving office, and when ordered by the judge, ex officio, or at the request of the Ministry
Public. The obligation of accountability is individual and its approval only frees whoever complies with it.
Once the account for the first year has been approved, it may be arranged that subsequent years be rendered in other terms, when the nature of the administration so justifies.
ARTICLE 131.- Final surrender. Once the guardianship is over, whoever exercises it or their heirs must deliver the assets immediately, and report the management within the term that the judge indicates, although the ward in his will exempts him from that duty. Accounts must be rendered
judicially with the intervention of the Public Ministry.
ARTICLE 132.- Surrender expenses. The expenses of the accountability must be advanced by the person exercising the guardianship and must be reimbursed by the ward if they are rendered in due form.
ARTICLE 133.- Management expenses. Whoever exercises guardianship has the right to reimbursement of reasonable expenses incurred in the management, even if they are not useful to the ward. Account balances accrue interest.
ARTICLE 134.- Damages. If the guardian is not accountable, does not do so properly, or is proven mismanagement attributable to intent or fault, he must compensate for the damage caused to his ward. The compensation must not be less than what the goods could have reasonably
produce.
Paragraph 5
Termination of guardianship
ARTICLE 135.- Causes for termination of guardianship. Guardianship ends:
a) due to the death of the ward, his emancipation or the disappearance of the cause that gave rise to the guardianship;
b) by death, incapacity, declaration of restricted capacity, removal or resignation accepted by the judge, of the person exercising guardianship. In the event that two people have been discerned, the cause of termination of one of them does not affect the other, who must remain in their position,
Except that the judge deems it convenient to dismiss them, for well-founded reasons.
In the event of the death of the guardian, the executor, heir or the other guardian, if any, he must immediately inform the judge of the guardianship. Where appropriate, you must adopt urgent measures for the protection of the person and property of the ward.
ARTICLE 136.- Removal of the guardian. The causes for removal of the guardian are:
a) be included in any of the grounds that prevents being a guardian;
b) not making an inventory of the ward's assets, or not doing it faithfully;
c) Failure to properly comply with their duties or have serious and ongoing problems of coexistence.
The ward and the Public Ministry are entitled to demand removal.
It can also be ordered by the ex officio judge.
ARTICLE 137.- Provisional suspension. During the removal process, the judge may suspend the guardian and temporarily appoint another.
SECTION 3
Curate it
ARTICLE 138.- Applicable standards. Conservatorship is governed by the guardianship rules not modified in this Section.
The main function of the conservator is to take care of the person and the property of the incapable person, and to try to restore his health. The income from the assets of the protected person should preferably be used for that purpose.
ARTICLE 139.- People who can be curators. The capable person can designate, through an advance directive, who is to exercise their conservatorship.
Parents can appoint guardians and supporters of their disabled children or with restricted capacity, in the cases and with the ways in which they can appoint guardians.
Any of these appointments must be judicially approved.
In the absence of these provisions, the judge may appoint the de facto non-separated spouse, the partner, the children, parents or siblings of the person to be protected, depending on who has greater aptitude. Moral and economic suitability must be taken into account.
ARTICLE 140.- Protected person with children. The guardian of the incapable person is the guardian of the minor's children. However, the judge may grant the custody of the minor child to a third party, appointing him a guardian to represent him in property matters.
TITLE II
Legal person
CHAPTER 1
General part
SECTION 1
Personality. Composition
ARTICLE 141.- Definition. Legal persons are all entities to which the legal system confers aptitude to acquire rights and contract obligations for the fulfillment of its object and the purposes of its creation.
ARTICLE 142.- Beginning of existence. The existence of the private legal person begins from its constitution. It does not need legal authorization to operate, except legal provision to the contrary. In cases where state authorization is required, the legal entity does not
it can work before you get it.
ARTICLE 143.- Differentiated personality. The legal person has a different personality from that of its members.
The members are not liable for the obligations of the legal entity, except in the cases expressly provided for in this Title and as provided by the special law.
ARTICLE 144.- Unavailability of the legal personality. The action that is intended to achieve purposes unrelated to the legal person, constitutes a resource to violate the law, public order or good faith or to frustrate the rights of any person, is imputed to those who
title of partners, associates, members or direct or indirect controllers, made it possible, who will be jointly and severally liable for the damages caused.
The provisions apply without affecting the rights of third parties in good faith and without prejudice to the personal responsibilities that the participants in the events may be liable for for the damages caused.
SECTION 2
Classification
ARTICLE 145.- Classes. Legal persons are public or private.
ARTICLE 146.- Public legal persons. The following are public legal entities:
a) The national State, the Provinces, the Autonomous City of Buenos Aires, the municipalities, the autarkic entities and the other organizations constituted in the Republic to which the legal system attributes this character;
b) foreign States, organizations recognized by public international law as legal personality, and any other legal entity incorporated abroad whose public nature results from its applicable law;
c) the Catholic Church.
ARTICLE 147.- Applicable law. Public legal persons are governed in terms of their recognition, beginning, capacity, operation, organization and end of their existence, by the laws and regulations of their constitution.
ARTICLE 148.- Private legal persons. They are private legal persons:
a) companies;
b) civil associations;
c) simple associations;
d) foundations;
e) churches, confessions, communities or religious entities;
f) mutuals;
g) cooperatives;
h) the horizontal property consortium;
i) Any other contemplated in provisions of this Code or in other laws and whose nature is established or results from its purpose and operating rules.
ARTICLE 149.- Participation of the State. The participation of the State in private legal persons does not modify their character. However, the law or statute may provide different rights and obligations, considering the public interest involved in said
participation.
ARTICLE 150.- Applicable laws. Private legal persons that are constituted in the Republic are governed:
a) by the mandatory norms of the special law or, failing that, of this Code;
b) by the rules of the constitutive act with its modifications and the regulations, the former prevailing in case of divergence;
c) by the supplementary rules of special laws, or failing that, by those of this Title.
Private legal entities that are incorporated abroad are governed by the provisions of the general company law.
SECTION 3
Private legal person
Paragraph 1
Attributes and effects of legal personality
ARTICLE 151.- Name. The legal person must have a name that identifies it as such, with the addition indicating the legal form adopted. The legal entity in liquidation must clarify this circumstance in the use of its name.
The name must satisfy precautions of truthfulness, novelty and distinctive aptitude, both with respect to other names, as well as trademarks, fantasy names or other forms of reference to goods or services, whether or not they are related to the object of the legal entity.
It may not contain terms or expressions contrary to the law, public order or good customs, nor may it mislead the class or object of the legal entity. The inclusion in the name of the legal entity of the name of human persons requires their agreement,
which is presumed if they are members. His heirs can oppose the continuation of use, if they can prove material or moral damages.
ARTICLE 152.- Domicile and registered office. The domicile of the legal person is the one established in its statutes or in the authorization given to it to operate. The legal person that owns many establishments or branches has its special domicile in the place of said
establishments only for the execution of the obligations contracted there. The change of address requires modification of the statute. The change of headquarters, if it is not part of the statute, can be resolved by the administrative body.
ARTICLE 153.- Scope of domicile. Notifications. All notifications made at the registered office are considered valid and binding for the legal entity.
ARTICLE 154.- Heritage. The legal person must have assets.
The legal person in formation can preventively register the registrable assets in its name.
ARTICLE 155.- Duration. The duration of the legal entity is unlimited in time, unless the law or the statute provide otherwise.
ARTICLE 156.- Purpose. The object of the legal person must be precise and determined.
Paragraph 2
Functioning
ARTICLE 157.- Modification of the statute. The statute of legal persons can be modified in the way that it or the law establishes.
The modification of the statute produces effects from its granting. If it requires registration, it is enforceable against third parties after this, unless the third party knows about it.
ARTICLE 158.- Government, administration and supervision. The statute must contain rules on the government, administration and representation and, if required by law, on the internal control of the legal entity.
In the absence of special provisions, the following rules apply:
a) If all those who must participate in the event consent to it, they may participate in an assembly or meeting of the governing body, using means that allow the participants to communicate simultaneously with each other. The minutes must be signed by the president and another
administrator, indicating the method adopted, and the records must be kept, according to the means used to communicate;
b) The members who must participate in an assembly, or the members of the council, can summon themselves to deliberate, without the need for a prior summons. The decisions taken are valid, if all concur and the agenda to be discussed is approved unanimously.
ARTICLE 159.- Duty of loyalty and diligence. Contrary interest. The administrators of the legal entity must act with loyalty and diligence.
They cannot pursue or favor interests contrary to those of the legal entity. If in a certain operation they have them by themselves or through a third party, they must make it known to the other members of the administrative body or, where appropriate, to the governing body and refrain from
any intervention related to said operation.
It is their responsibility to implement preventive systems and means that reduce the risk of conflicts of interest in their relationships with the legal entity.
ARTICLE 160.- Responsibility of the administrators. The administrators are liable in an unlimited and joint manner against the legal person, its members and third parties, for damages caused by their fault in the exercise or on the occasion of their functions, by action or omission.
ARTICLE 161.- Obstacles that prevent making decisions. If, as a result of systematic opposition or omission in the performance of the administrator's functions, or of the administrators, if any, the legal entity cannot make valid decisions, it must
proceed as follows:
a) the president, or one of the co-administrators, if any, may execute the conservatory acts;
b) the acts thus executed must be brought to the attention of the meeting called for this purpose within ten days of the beginning of their execution;
c) the assembly may confer extraordinary powers on the president or the minority, to carry out urgent or necessary acts; you can also remove the administrator.
ARTICLE 162.- Transformation. Fusion. Cleavage. Legal persons can be transformed, merged or split in the cases provided for by this Code or by special law.
In all cases, the unanimous agreement of the members of the legal person or persons is necessary, except for a special provision or stipulation to the contrary in the statute.
Paragraph 3
Dissolution. Settlement
ARTICLE 163.- Causes. The legal person is dissolved by:
a) the decision of its members adopted unanimously or by the majority established by the statute or special provision;
b) compliance with the resolutive condition to which the constitutive act subordinated its existence;
c) the achievement of the purpose for which the legal entity was formed, or the surviving impossibility of fulfilling it;
d) the expiration of the term;
e) the declaration of bankruptcy; the dissolution is without effect if the bankruptcy concludes by settlement or the conversion of the procedure into preventive bankruptcy is ordered, or if the special law provides for a different regime;
f) the merger with respect to the merging legal persons or the legal person or persons whose assets are absorbed; and the division with respect to the legal person that divides and allocates all its assets;
g) the reduction to one of the number of members, if the special law requires a plurality of them and it is not reestablished within three months;
h) the firm denial or revocation of the state authorization to operate, when this is required;
i) the exhaustion of the assets destined to sustain it;
j) Any other cause provided for in the statute or in other provisions of this Title or special law.
ARTICLE 164.- Revocation of the state authorization. The revocation of the state authorization must be based on the commission of serious acts that import the violation of the law, the statute and the regulations.
The revocation must be ordered by a well-founded resolution and in accordance with a regulated procedure that guarantees the right of defense of the legal person. The resolution is appealable, and the judge may order the provisional suspension of its effects.
ARTICLE 165.- Extension. The determined term of duration of legal persons can be extended. Is required:
a) decision of its members, adopted in accordance with the legal or statutory provision;
b) presentation to the corresponding control authority, before the expiration of the term.
ARTICLE 166.- Reconduction. The legal entity can be redirected while its liquidation has not concluded, by decision of its members adopted unanimously or by the majority required by law or the statute, provided that the cause of its dissolution can be removed.
by decision of the members or by virtue of the law.
ARTICLE 167.- Liquidation and responsibilities. Once the period of duration has expired, the dissolution has been resolved or another cause has occurred and declared, where appropriate, by the members, the legal entity cannot carry out operations, and must conclude the pending operations in its liquidation.
The liquidation consists of the fulfillment of the pending obligations with the assets of the assets of the legal entity or its produced in money. Upon payment of liquidation expenses and tax obligations, the remainder, if any, is delivered to its members or
third parties, as established by statute or required by law.
In case of infringement, its administrators and those members who, knowing or should be aware of the situation and having the necessary decision-making power to put an end to it, fail to adopt the necessary measures for that purpose.
EPISODE 2
Civil associations
SECTION 1
Civil associations
ARTICLE 168.- Purpose. The civil association must have an object that is not contrary to the general interest or the common good. The general interest is interpreted with respect to the diverse identities, beliefs and traditions, be they cultural, religious, artistic, literary, social, political
or ethnic that do not violate constitutional values.
It cannot pursue profit as its main goal, nor can it have profit for its members or third parties.
ARTICLE 169.- Form of the constitutive act. The constitutive act of the civil association must be granted by public instrument and be registered in the corresponding registry once the state authorization to function has been granted. Until registration, the rules of the
simple association.
ARTICLE 170.- Content. The constitutive act must contain:
a) the identification of the constituents;
b) the name of the association with the addendum “Civil Association” put before or after;
c) the object;
d) the registered office;
e) the term of duration or if the association is in perpetuity;
f) the grounds for dissolution;
g) the contributions that make up the initial patrimony of the civil association and the value assigned to them. The contributions are considered transferred in property, if their contribution for use and enjoyment is not expressly stated;
h) the administration and representation regime;
i) the closing date of the annual financial year;
j) where appropriate, the classes or categories of associates, and the prerogatives and duties of each one;
k) the regime of admission, admission, resignation, disciplinary sanctions, exclusion of associates and appeals against decisions;
l) the governing, administrative and representative corporate bodies. The board of directors, the assemblies and the internal control body must be envisaged, regulating its composition, integration requirements, duration of its members, competences, functions, attributions and
operation in terms of convocation, constitution, deliberation, decisions and documentation;
m) the liquidation procedure;
n) the destination of the assets after liquidation, being able to attribute them to an entity of common good, public or private, that has no profit motive and that is domiciled in the Republic.
ARTICLE 171.- Administrators. The members of the directive committee must be associates. The right of associates to participate in the board of directors cannot be abusively restricted. The statute must foresee the following charges and, without prejudice to the performance
member of the body, define the functions of each of them: president, secretary and treasurer. The other members of the board of directors are members. For the purposes of this Section, all the titular members of the directive committee are called directors. On
the constitutive act must be designated to the members of the first directive commission.
ARTICLE 172.- Inspection. The statute may foresee that the appointment of the members of the supervisory body falls to non-associated persons. In the constitutive act, the members of the first supervisory body must be consigned.
The private inspection of the association is in charge of one or more auditors. The account review commission is mandatory in associations with more than one hundred associates.
ARTICLE 173.- Members of the oversight body. The members of the oversight body cannot be at the same time members of the commission, nor can they certify the financial statements of the association. These incompatibilities extend to spouses, partners,
relatives, even by affinity, in a straight line in all degrees, and collaterals within the fourth degree.
In civil associations that establish the need for a specific profession or trade to acquire membership, the members of the supervisory body do not necessarily have to have an enabling title. In such cases, the supervisory commission must contract
independent professionals for your advice.
ARTICLE 174.- State Comptroller. Civil associations require authorization to function and are subject to permanent control by the competent national or local authority, as appropriate.
ARTICLE 175.- Participation in government acts. The statute may impose conditions for associates to participate in acts of government, such as seniority or payment of social contributions. The clause that amounts to a total restriction of the exercise of the rights of the
associated is of no value.

ARTICLE 176.- Cessation of office. The directors cease their positions due to death, declaration of incapacity or restricted capacity, disqualification, expiration of the period for which they were appointed, resignation, removal and any other cause established in the statute.
The statute cannot restrict removal or resignation; the clause to the contrary is of no value. However, the resignation cannot affect the operation of the directive commission or the execution of acts previously resolved by it, in which cases it must be rejected.
and the resigning person will remain in office until the ordinary assembly is pronounced. If such circumstances do not concur, the resignation communicated in writing to the chairman of the board of directors or whoever replaces him by statute or to any of the directors, is considered
accepted if not expressly rejected within ten days from receipt.
ARTICLE 177.- Extinction of responsibility. The responsibility of the directors is extinguished by the approval of their management, by resignation or transaction resolved by the ordinary meeting.
It is not extinguished:
a) if the responsibility derives from the infringement of peremptory norms;
b) If there was express and founded opposition in the assembly of associates with the right to vote in a quantity not less than ten percent of the total. In this case, those who objected may exercise the social action of responsibility foreseen for the companies in the special law.
ARTICLE 178.- Participation in the assemblies. The payment of the fees and contributions corresponding to the immediately preceding month is necessary to participate in the assemblies. In no case can the participation of the associate who purges the default be prevented before the start of
the assembly.
ARTICLE 179.- Resignation. The right to renounce associate status cannot be limited. The renouncer owes in all cases the fees and contributions accrued up to the date of notification of his resignation.
ARTICLE 180.- Exclusion. Associates can only be excluded for serious causes provided for in the statute. The procedure must ensure the right of defense of the affected party. If the exclusion decision is adopted by the board of directors, the associate has the right to review
by the assembly that must be convened in the shortest legal or statutory period possible. Failure to comply with these requirements compromises the responsibility of the board of directors.
ARTICLE 181.- Responsibility. The associates are not directly or indirectly liable for the debts of the civil association. Its responsibility is limited to the fulfillment of the contributions committed when constituting it or later and to that of the fees and contributions to which
are required.
ARTICLE 182.- Non-transferability. Associate status is non-transferable.
ARTICLE 183.- Dissolution. Civil associations are dissolved due to the general causes of dissolution of private legal entities and also due to the reduction of their number of associates to a number less than the total number of full and alternate members of their directive committee and
inspection body, if this minimum is not reestablished within six months.
ARTICLE 184.- Liquidator. The liquidator must be appointed by the extraordinary assembly and in accordance with the provisions of the statute, except in special cases in which the judicial appointment or by the controlling authority proceeds. More than one can be designated, establishing
their joint action or as a collegiate body.
The dissolution and appointment of the liquidator must be recorded and published.
ARTICLE 185.- Liquidation procedure. The liquidation procedure is governed by the provisions of the statute and is carried out under the supervision of the supervisory body.
Whatever the cause for dissolution, the equity resulting from the liquidation is not distributed among the associates. In all cases, the destination provided for in the statute must be given and, in the absence of foresight, the remainder must be allocated to another civil association domiciled in the Republic of
object equal or similar to the liquidated one.
ARTICLE 186.- Supplementary rules. The provisions on companies are additionally applied, as appropriate.
SECTION 2
Simple associations
ARTICLE 187.- Form of the constitutive act. The constitutive act of the simple association must be granted by public instrument or by private instrument with a signature certified by a notary public. The name must be added, before or after, the addendum “simple
association ”or“ simple association ”.
ARTICLE 188.- Applicable law. Forwarding. Simple associations are governed in terms of their constitutive act, government, administration, partners, supervisory body and operation by the provisions for civil associations and the special provisions of this Chapter.
ARTICLE 189.- Existence. The simple association begins its existence as a legal entity from the date of the constitutive act.
ARTICLE 190.- Disregard of the inspection body. Simple associations with less than twenty members can dispense with the supervisory body; The obligation to certify their financial statements remains.
If the oversight body is dispensed with, every member, even excluded from management, has the right to be informed about the state of affairs and to consult its books and records. The clause to the contrary is considered unwritten.
ARTICLE 191.- Insolvency. In case of insufficiency of the assets of the simple association, the administrator and every member who actually manages the affairs of the association is jointly and severally liable for the obligations of the simple association that result from decisions that
have subscribed during his administration.
The personal assets of each of these persons cannot be assigned to the payment of the debts of the association, but after having satisfied their individual creditors.
ARTICLE 192.- Responsibility of the members. The founder or associate who did not intervene in the administration of the simple association is not bound by the debts of it, but until the concurrence of the promised contribution or the unpaid fees.
CHAPTER 3
Foundations
SECTION 1
Concept, object, method of incorporation and heritage
ARTICLE 193.- Concept. Foundations are legal entities that are constituted for the purpose of common good, non-profit, through the patrimonial contribution of one or more people, intended to make their purposes possible.
To exist as such, they necessarily need to be constituted by means of a public instrument and request and obtain authorization from the State to function.
If the founder is a human person, he can arrange his constitution by act of last will.
ARTICLE 194.- Initial equity. An initial patrimony that reasonably enables the fulfillment of the statutory purposes proposed is an essential requirement to obtain state authorization. For these purposes, in addition to the goods actually donated on the spot
constitutive, those arising from future integration contribution commitments, contracted by the founders or third parties, are taken into account.
Notwithstanding this, the controlling authority can favorably resolve authorization requests if the background of the founders or the servers of the foundational will committed by the entity to be created, and in addition to the characteristics of the program to be created.
develop, is the potential aptitude for the fulfillment of the objectives foreseen in the statutes.
SECTION 2
Constitution and authorization
ARTICLE 195.- Constitutive act. Statute. The constitutive act of the foundation must be granted by the founder (s) or attorney-in-fact with special power of attorney, if it is done by an act between living beings; or by the one authorized by the judge of the succession, if it is by disposition of last will.
The instrument must be submitted to the control authority for approval, and contain:
a) the following details of the founder (s):
i) in the case of human persons, their name, age, marital status, nationality, profession, address and identity document number and, where appropriate, that of the attorneys-in-fact or authorized;
ii) in the case of legal persons, the company name or denomination and the domicile, proving the existence of the founding entity, its registration and the representation of those who appear for it;
In any case, when a mandate is invoked, the document that accredits it must be recorded;
b) name and address of the foundation;
c) designation of the object, which must be precise and determined;
d) initial equity, integration and future resources, which must be expressed in national currency;
e) term of duration;
f) organization of the board of directors, term of office, regime of meetings and procedure for the appointment of its members;
g) clauses related to the operation of the entity;
h) procedure and regime for the reform of the statute;
i) date of the closing of the annual fiscal year;
j) dissolution clauses and procedure pertaining to the liquidation and destination of the assets;
k) three-year plan of action.
The same instrument must designate the members of the first board of directors and the persons empowered to manage the authorization to operate.
ARTICLE 196.- Contributions. The cash or the securities that make up the initial patrimony must be deposited during the authorization process in the bank authorized by the controlling authority of the jurisdiction in which the foundation is constituted. Contributions do not
Money must be included in an inventory with their respective valuations, signed by a national public accountant.
ARTICLE 197.- Promises of donation. The donation promises made by the founders in the constitutive act are irrevocable from the resolution of the controller authority that authorizes the entity to function as a legal entity. If the founder dies after
sign the constitutive act, the donation promises may not be revoked by their heirs, from the presentation to the controller authority requesting authorization to function as a legal entity.
ARTICLE 198.- Fulfillment of promises. The constituted foundation has all the legal actions to sue for the fulfillment of the donation promises made in its favor by the founder or by third parties, the defense linked to the revocation not being opposable.
made before the acceptance, nor the one relating to the object of the donation if it constitutes the entire patrimony of the donor or an undivided part of it, or if the donor did not have the ownership of the commitment.
ARTICLE 199.- Action plans. With the request for the granting of legal status, the plans that the entity plans to execute in the first three-year period must be accompanied, with a precise indication of the nature, characteristics and development of the activities necessary for its implementation.
compliance, as well as the budgetary bases for its implementation. Once the term has elapsed, the inherent to the subsequent triennium must be proposed, with the same requirements.
ARTICLE 200.- Responsibility of the founders and administrators during the gestation stage. The founders and administrators of the foundation are jointly and severally liable to third parties for the obligations contracted up to the moment the authorization is obtained.
to work. The personal assets of each of them can be assigned to the payment of these debts only after their individual creditors have been satisfied.

Government and administration
ARTICLE 201.- Board of Directors. The governance and administration of the foundations is in charge of a board of directors, made up of a minimum of three human persons. It has all the necessary powers to fulfill the purpose of the foundation, within
of the conditions established by the statute.
ARTICLE 202.- Right of the founders. The founders may reserve, by express provision of the statute, the power to hold positions on the board of directors, as well as to appoint directors when the expiration of the terms of office.
appointment or vacancy of any of them.
ARTICLE 203.- Appointment of directors. The appointment of the members of the board of directors can also be conferred to public institutions and private non-profit entities.
ARTICLE 204.- Character of the directors. The members of the board of directors can be permanent or temporary. The statute may establish that certain decisions always require the favorable vote of the former, as well as that it is also reserved to
these the designation of the seconds.
ARTICLE 205.- Executive Committee. The bylaws may provide for the delegation of powers of administration and government in favor of an executive committee made up of members of the board of directors or third parties, which must exercise its functions between meeting periods.
of the council, and with accountability to him. It can also delegate executive powers to one or more human persons, whether or not they are members of the board of directors.
According to the entity of the tasks entrusted, the statute may foresee some form of pecuniary compensation in favor of the members of the executive committee.
ARTICLE 206.- Honorary nature of the position. The members of the board of directors may not receive remuneration for the exercise of their position, except for the reimbursement of expenses, their role being of an honorary nature.
ARTICLE 207.- Meetings, calls, majorities, decisions and minutes. The bylaws must provide for the regime of ordinary and extraordinary meetings of the board of directors, and where appropriate, of the executive committee if it is multi-staff, as well as the procedure for calling the meeting. The
quorum must be that of half plus one of its members. Minutes of the deliberations of the aforementioned entities must be drawn up in a special book, in which the results of each call are summarized with all the most relevant details of the actions.
Decisions are made by an absolute majority of votes of the members present, except when the law or the statute require qualified majorities. In the event of a tie, the chairman of the board of directors or the executive committee has a double vote.
ARTICLE 208.- Special quorum. The majorities established in article 207 are not required for the appointment of new members of the board of directors when their attendance has become impossible.
ARTICLE 209.- Removal of the board of directors. The members of the board of directors may be removed with the vote of at least two-thirds of the members of the body. The statute may provide for the automatic expiration of mandates by
unexcused and repeated absences from council meetings.
ARTICLE 210.- Acephaly of the board of directors. When there are vacant positions on the board of directors to such a degree that its operation becomes impossible, and the appointment of new members in accordance with the statute cannot take place, or they refuse to accept
the charges, the controlling authority must proceed to reorganize the administration of the foundation, to designate its new authorities, and to modify the statute in the pertinent parts.
ARTICLE 211.- Rights and obligations of the members of the board of directors. The members of the board of directors are governed, with respect to their rights and obligations, by the law, by the regulations in force, by the statutes, and, subsidiarily, by the
rules of the mandate. In case of violation on their part of legal, regulatory or statutory norms, they are liable to action for liability that can be promoted by both the foundation and the controlling authority, without prejudice to the administrative sanctions and the
measures that the latter may adopt with respect to the foundation and the members of the council.
ARTICLE 212.- Contract with the founder or his heirs. Any contract between the foundation and the founders or their heirs, with the exception of the donations that they make to the former, must be submitted to the approval of the controlling authority, and is ineffective by right.
without that approval. This rule applies to any resolution of the board of directors that directly or indirectly originates in favor of the founder or his heirs a benefit that is not provided for in the statute.
ARTICLE 213.- Destination of the income. Foundations must allocate most of their income to fulfill their purposes. The accumulation of funds must be carried out only with precise objectives, such as the formation of sufficient capital for the fulfillment
of future programs of greater scope, always related to the statutory purpose envisaged. In these cases, the control authority must be informed, clearly and specifically, about those objectives sought and the material feasibility of their fulfillment. Similarly,
Foundations must immediately inform the supervisory authority of any expenses that result in an appreciable decrease in their assets.
SECTION 4
Information and control
ARTICLE 214.- Duty of information. Foundations must provide the comptroller authority in their jurisdiction with all the information that it requires.
ARTICLE 215.- Collaboration of the official departments. The official departments must provide directly to the control authority the information and advice that it requires for a better appreciation of the programs projected by the foundations.
SECTION 5
Reform of the statute and dissolution
ARTICLE 216.- Majority required. Change of object. Except for the contrary provision of the statute, the amendments require at least the favorable vote of the absolute majority of the members of the board of directors and of two thirds in the cases of modification of the
object, merger with similar entities and dissolution. The modification of the object is only appropriate when what is established by the founder has become impossible to fulfill.
ARTICLE 217.- Destination of the goods. In the event of dissolution, the remainder of the assets must be allocated to a public entity or to a private legal entity whose object is of public or common good, that is not for profit and that is
domiciled in the Republic. This provision does not apply to foreign foundations.
The decisions that are adopted regarding the transfer of the remaining assets require the prior approval of the controlling authority.
ARTICLE 218.- Revocation of donations. The reform of the statute or the dissolution and transfer of the assets of the foundation, motivated by changes in the circumstances that have made it impossible to fulfill its purpose in accordance with the provisions at the time of the creation of the
entity and the granting of its legal status, does not give rise to the action of revocation of the donations by the donors or their heirs, unless in the act of celebration of such donations the change of
object.
SECTION 6
Foundations Created by Probate Disposition
ARTICLE 219.- Intervention of the Public Ministry. If the testator has assets destined for the creation of a foundation, it is incumbent on the Public Ministry to ensure the effectiveness of its purpose, in conjunction with the heirs and the executor of the will, if any.
ARTICLE 220.- Powers of the judge. If the heirs do not agree with each other or with the executor on the drafting of the statute and the articles of incorporation, the differences are resolved by the succession judge, prior to the Public Ministry and the controlling authority.
SECTION 7
Controller authority
ARTICLE 221.- Powers. The controlling authority approves the statutes of the foundation and its reform; oversees its operation and compliance with the legal and statutory provisions to which it is subject, including dissolution and liquidation.
ARTICLE 222.- Other powers. In addition to the attributions indicated in other provisions of this Code, it corresponds to the controller authority:
a) request from the judicial authorities the appointment of interim administrators of the foundations when the vacancies of their governing bodies are not filled to the detriment of the normal development of the entity or when such bodies are temporarily lacking;
b) suspend, in case of urgency, the fulfillment of the deliberations or resolutions contrary to the laws or the statutes, and request to the judicial authorities the nullity of those acts;
c) request to the authorities the suspension or removal of administrators who have violated the duties of their position, and the appointment of provisional administrators;
d) summon the board of directors at the request of any of its members, or when the existence of serious irregularities is proven.
ARTICLE 223.- Change of purpose, merger and coordination of activities. It also corresponds to the control authority:
a) Establish the new object of the foundation when the one established by the founder (s) is impossible to fulfill or has disappeared, trying to respect the will of the former as much as possible. In this case, it has the necessary attributions to modify the statutes of
compliance with that change;
b) order the merger or coordination of activities of two or more foundations when the circumstances indicated in subsection a) of this article occur, or when the multiplicity of foundations with a similar purpose make the measure advisable for their better development and is
I manifest the greatest public benefit.
ARTICLE 224.- Resources. Administrative decisions that deny the authorization for the constitution of the foundation or withdraw the agreed legal status may be appealed in court in cases of illegitimacy and arbitrariness.
The same recourse is applicable if it is a foreign foundation and the approval required by it is denied or, having been granted, is later revoked.
The appeal must be substantiated in accordance with the shortest procedure in force in the corresponding jurisdiction, before the court of appeal with civil jurisdiction, corresponding to the domicile of the foundation.
The bodies of the foundation may deduct the same recourse against the resolutions issued by the controlling authority in the situation envisaged in subsection b) of article 223.
TITLE III
Goods
CHAPTER 1
Assets in relation to people and collective advocacy rights
SECTION 1
Concepts
ARTICLE 225.- Properties by their nature. The soil is immovable by its nature, the things incorporated into it in an organic way and those that are found under the soil without the fact of man.
ARTICLE 226.- Properties by accession. Real estate by accession are movable things that are immobilized by their physical adhesion to the ground, with a lasting character. In this case, the furniture forms a whole with the property and cannot be the subject of a separate right
without the will of the owner.
Things affected by the operation of the property or the activity of the owner are not considered properties by accession.
ARTICLE 227.- Movable things. Movable things are those that can move by themselves or by an external force.
ARTICLE 228.- Divisible things. Divisible things are those that can be divided into real portions without being destroyed, each of which forms a homogeneous whole and analogous both to the other parts and to the thing itself.
Things cannot be divided if their division makes their use and exploitation uneconomical. In the matter of real estate, the regulation of the parcel subdivision corresponds to the local authorities.
ARTICLE 229.- Main things. Main things are those that can exist by themselves.
ARTICLE 230.- Accessory things. Accessory things are those whose existence and nature are determined by something else on which they depend or to which they are attached. Its legal regime is that of the main thing, except legal provision to the contrary.
If the movable things adhere to each other to form a whole without it being possible to distinguish the accessory from the main one, the one with the highest value is the main one. If they are of the same value, there is no main or accessory thing.
ARTICLE 231.- Consumable things. Consumable things are those whose existence ends with the first use. Non-consumable things are those that do not cease to exist due to the first use made of them, although they may be consumed or deteriorate after some time.
weather.
ARTICLE 232.- Expendable things. Fungible things are those in which every individual of the species is equivalent to another individual of the same species, and can be replaced by others of the same quality and in equal quantity.
ARTICLE 233.- Fruits and products. Fruits are the objects that a good produces, in a renewable way, without its substance being altered or diminished. Natural fruits are the spontaneous productions of nature.
Industrial fruits are those that are produced by the industry of man or the culture of the earth.
Civil fruits are the income that the thing produces.
The remuneration of the work is assimilated to the civil fruits.
Products are non-renewable objects that, separated or removed from the thing, alter or diminish its substance.
Natural and industrial fruits and products form a whole with the thing, if they are not separated.
ARTICLE 234.- Goods outside the trade. The goods whose transmission is expressly prohibited are outside the trade:
a) by law;
b) by legal acts, insofar as this Code allows such prohibitions.
SECTION 2
Goods in relation to people
ARTICLE 235.- Assets belonging to the public domain. They are property belonging to the public domain, except as provided by special laws:
a) The territorial sea up to the distance determined by international treaties and special legislation, without prejudice to the jurisdictional power over the contiguous zone, the exclusive economic zone and the continental shelf. Territorial sea is understood to be the water, the bed and the subsoil;
b) inland waters, bays, gulfs, inlets, ports, anchorages and maritime beaches; Maritime beaches are understood to be the portion of land that the tides bathe and empty during the highest and lowest normal tides, and their continuation up to the corresponding distance of
compliance with the special national or local legislation applicable in each case;
c) rivers, estuaries, streams and other waters that run through natural channels, lakes and navigable lagoons, glaciers and the periglacial environment and all other water that has or acquires the ability to satisfy uses of general interest, including groundwater , notwithstanding
of the regular exercise of the right of the owner of the estate to extract groundwater to the extent of their interest and subject to local provisions. A river is understood to be the water, the beaches and the bed through which it runs, delimited by the bank line that sets the average of the
Ordinary highs. By lake or lagoon is understood the water, its beaches and its bed, respectively, delimited in the same way as rivers;
d) islands formed or that are formed in the territorial sea, the exclusive economic zone, the continental shelf or in all kinds of rivers, estuaries, streams, or in navigable lakes or lagoons, except those that belong to individuals;
e) the airspace overlying the territory and jurisdictional waters of the Argentine Nation, in accordance with international treaties and special legislation;
f) streets, squares, roads, canals, bridges and any other public works built for common utility or convenience;
g) official State documents;
h) ruins and archaeological and paleontological sites.
ARTICLE 236.- Assets of the private domain of the State. They belong to the national, provincial or municipal State, without prejudice to the provisions of special laws:
a) properties that lack an owner;
b) mines of gold, silver, copper, precious stones, fossil substances and any other of similar interest, as regulated by the Mining Code;
c) non-navigable lakes that lack an owner;
d) movable property of unknown owner that is not abandoned, except treasures;
e) Assets acquired by the national, provincial or municipal State by any title.
ARTICLE 237.- Determination and characteristics of the things of the State. Use and enjoyment. The public assets of the State are non-extendable, unattachable and imprescriptible. People have their use and enjoyment, subject to general and local provisions.
The National Constitution, federal legislation and local public law determine the national, provincial or municipal character of the assets listed in the two articles 235 and 236.
ARTICLE 238.- Assets of individuals. Assets that are not owned by the national or provincial State, the Autonomous City of Buenos Aires or municipal, are property of individuals without distinction of the people who have rights over them, except those established by law.
specials.
ARTICLE 239.- Waters of individuals. The waters that arise in the lands of the individuals belong to their owners, who can freely use them, as long as they do not form a natural channel. Private waters are subject to the control and restrictions that
in the public interest establish the enforcement authority. No one can use private waters to the detriment of third parties or to a greater extent of their right.
The public domain if watercourses are natural waterways. Individuals must not alter these water courses. The use by any title of public waters, or works built for common utility or comfort, does not make them lose the character of public goods
of the State, inalienable and imprescriptible.
The fact of running the water courses through the lower lands does not give the owners of these any rights.
SECTION 3
Assets in relation to collective incidence rights
ARTICLE 240.- Limits to the exercise of individual rights over property. The exercise of individual rights over the assets mentioned in Sections 1 and 2 must be compatible with the rights of collective incidence. Must conform to the rules of law
administrative national and local dictated in the public interest and must not affect the functioning or sustainability of ecosystems of flora, fauna, biodiversity, water, cultural values, landscape, among others, according to the criteria provided in the special law.
ARTICLE 241.- Jurisdiction. Whatever the jurisdiction in which the rights are exercised, the applicable minimum budget regulations must be respected.
EPISODE 2
Guarantee function
ARTICLE 242.- Common guarantee. All the debtor's assets are affected by the fulfillment of their obligations and constitute the common guarantee of their creditors, with the exception of those that this Code or special laws declare unattachable or unenforceable. The
Special estates authorized by law are only guaranteed by the assets that comprise them.
ARTICLE 243.- Assets directly affected by a public service. In the case of the assets of individuals directly affected by the provision of a public service, the power of aggression of the creditors cannot prejudice the provision of the service.
CHAPTER 3
living place
ARTICLE 244.- Impact. The regime provided for in this Chapter may be affected by a property intended for housing, in its entirety or up to a part of its value. This protection does not exclude that granted by other legal provisions.
The affectation is registered in the real estate registry according to the forms provided in the local rules, and the temporal priority is governed by the norms contained in the national real estate registry law.
No more than one property can be affected. If someone turns out to be the sole owner of two or more affected properties, he must opt ​for the subsistence of only one in that character within the term set by the enforcement authority, under the warning that the constituted one is considered affected.
in the foreground.
ARTICLE 245.- Legitimized. The affectation can be requested by the registry owner; If the property is in a condominium, all joint owners must request it jointly.
The affectation can be arranged by acts of last will; In this case, the judge must order the registration at the request of any of the beneficiaries, or of the Public Ministry, or ex officio if there are incapable beneficiaries or with restricted capacity.
The affectation can also be decided by the judge, at the request of a party, in the resolution that attributes the home in the divorce trial or in which it resolves the issues related to the conclusion of the coexistence, if there are incapable beneficiaries or with restricted capacity .
ARTICLE 246.- Beneficiaries. The beneficiaries of the affectation are:
a) the constituent owner, his spouse, his partner, his ascendants or descendants;
b) in default of them, their collateral relatives within the third degree who live with the constituent.
ARTICLE 247.- Effective room. If the affectation is requested by the registry owner, it is required that at least one of the beneficiaries lives in the property.
In all cases, for the effects to subsist, it is enough that one of them remains in the property.
ARTICLE 248.- Real subrogation. The affectation is transferred to the home acquired to replace the affected one and to the amounts that replace it as compensation or price.
ARTICLE 249.- Main effect of the affectation. The affectation is unenforceable to the creditors of cause prior to that affectation.
The affected home is not subject to execution for debts subsequent to its registration, except:
a) Obligations for common expenses and for taxes, fees or contributions that are directly levied on the property;
b) Obligations with real guarantee on the property, constituted in accordance with the provisions of article 250;
c) Obligations arising from construction or other improvements made to the home;
d) maintenance obligations in charge of the holder in favor of his minor children, incapable, or with restricted capacity.
Creditors without the right to require the execution cannot collect their credits on the affected property, nor on the amounts that substitute it as compensation or price, even if it is obtained in a judicial auction, whether it is ordered in an individual execution or
collective.
If the property is auctioned and remains, it is delivered to the owner of the property.
In the bankruptcy process, the execution of the home can only be requested by the creditors listed in this article.
ARTICLE 250.- Transmission of the affected home. The affected property cannot be the object of bequests or testamentary improvements, except that they favor the beneficiaries of the affectation provided for in this Chapter. If the constituent is married or lives in a communal union
registered, the property cannot be transferred or encumbered without the consent of the spouse or partner; If he opposes, lacks, is incapable or has restricted capacity, the transfer or encumbrance must be judicially authorized.
ARTICLE 251.- Fruits. The fruits produced by the property are attainable and enforceable if they are not essential to satisfy the needs of the beneficiaries.
ARTICLE 252.- Tax credits. The affected dwelling is exempt from the free transfer tax due to death throughout the territory of the Republic, if it operates in favor of the beneficiaries mentioned in article 246, and is not disenfranchised in the five years
post-transmission.
The procedures and acts related to the constitution and registration of the affectation, are exempt from taxes and fees.
ARTICLE 253.- Duties of the enforcement authority. The administrative authority must provide free advice and collaboration to the interested parties in order to finalize the procedures related to the constitution, registration and cancellation of this affectation.
ARTICLE 254.- Fees. If, at the request of the interested parties, professionals intervene in the constitution procedures, their fees may not altogether exceed one percent of the tax valuation.
In lawsuits referring to the inheritance transfer of the affected home and in preventive bankruptcies and bankruptcies, the fees may not exceed three percent of the tax assessment.
ARTICLE 255.- Disaffection and cancellation of the registration. Disenrollment and cancellation of registration proceed:
a) at the request of the constituent; if you are married or live in a registered common-law union, the consent of the spouse or partner is required; if he opposes, lacks, is incapable or has restricted capacity, the disaffection must be judicially authorized;
b) at the request of the majority of the heirs, if the constitution was established by an act of last will, unless there is disagreement by the surviving spouse, the registered partner, or there are incapable beneficiaries or with restricted capacity, in which case the judge must sort out
what is most convenient for their interest;
c) at the request of the majority of the owners, computed in proportion to their respective undivided shares, with the same limits expressed in the previous paragraph;
d) at the request of any interested party or ex officio, if the provisions provided for in this Chapter do not subsist, or the constituent and all the beneficiaries die;
e) in case of expropriation, claim or execution authorized by this Chapter, with the limits indicated in article 249.
ARTICLE 256.- Rural property. The provisions of this Chapter are applicable to rural property that does not exceed the economic unit, in accordance with what is established by local regulations.
TITLE IV
Facts and legal acts
CHAPTER 1
General disposition
ARTICLE 257.- Legal fact. The legal fact is the event that, according to the legal system, produces the birth, modification or termination of relationships or legal situations.
ARTICLE 258.- Simple lawful act. The simple lawful act is the voluntary action not prohibited by law, which results in any acquisition, modification or termination of relationships or legal situations.
ARTICLE 259.- Legal act. The legal act is the lawful voluntary act whose immediate purpose is the acquisition, modification or termination of relationships or legal situations.
ARTICLE 260.- Voluntary act. The voluntary act is the one executed with discernment, intention and freedom, which is manifested by an external fact.
ARTICLE 261.- Involuntary act. It is involuntary due to lack of discernment:
a) the act of who, at the time of doing it, is deprived of reason;
b) the unlawful act of a minor who has not reached the age of ten;
c) the lawful act of a minor who has not reached thirteen years of age, without prejudice to the provisions of special provisions.
ARTICLE 262.- Manifestation of the will. The acts can be externalized orally, in writing, by unequivocal signs or by the execution of a material fact.
ARTICLE 263.- Silence as a manifestation of the will. Silence opposed to acts or an interrogation is not considered as a manifestation of will in accordance with the act or interrogation, except in cases where there is a duty to issue that may result from the
law, the will of the parties, uses and practices, or a relationship between the current silence and the preceding statements.
ARTICLE 264.- Tacit manifestation of will. The tacit manifestation of the will results from the acts by which it can be known with certainty. It is ineffective when the law or convention requires an express manifestation.
EPISODE 2
Error as a vice of the will
ARTICLE 265.- Factual error. The essential factual error vitiates the will and causes the nullity of the act. If the act is bilateral or unilateral receptive, the error must, in addition, be recognizable by the addressee to cause the nullity.
ARTICLE 266.- Recognizable error. The error is recognizable when the addressee of the statement could know it according to the nature of the act, the circumstances of person, time and place.
ARTICLE 267.- Cases of essential error. The error of fact is essential when it falls on:
a) the nature of the act;
b) a good or a fact that is different or of a different kind than the one intended to designate, or a quality, extension or sum different from that intended;
c) the substantial quality of the asset that has been determining the legal will according to the common appreciation or the circumstances of the case;
d) the relevant personal reasons that have been expressly or tacitly incorporated;
e) the person with whom the act was celebrated or to whom the act refers if she was decisive for its celebration.
ARTICLE 268.- Calculation error. The calculation error does not give rise to the nullity of the act, but only to its rectification, unless it is a determining factor of consent.
ARTICLE 269.- Subsistence of the act. The party that makes an error cannot request the annulment of the act, if the other offers to execute it with the modalities and the content that it understood to celebrate.
ARTICLE 270.- Error in the declaration. The provisions of the articles of this Chapter are applicable to errors in the declaration of will and its transmission.
CHAPTER 3
Fraud as a vice of the will
ARTICLE 271.- Willful action and omission. Malicious action is any assertion of what is false or concealment of what is true, any artifice, cunning or machination that is used to carry out the act. The willful omission causes the same effects as the willful action, when the act
it would not have been done without reluctance or concealment.
ARTICLE 272.- Essential fraud. The fraud is essential and causes the nullity of the act if it is serious, determines the will, causes significant damage and there has been no fraud on both sides.
ARTICLE 273.- Incidental fraud. Incidental intent is not determinative of the will; consequently, it does not affect the validity of the act.
ARTICLE 274.- Subjects. The author of essential fraud and incidental fraud may be one of the parties to the act or a third party.
ARTICLE 275.- Responsibility for damages caused. The author of the essential or incidental intent must repair the damage caused. The party that at the time of the celebration of the act had knowledge of the fraud of the third party responds jointly and severally.
CHAPTER 4
Violence as a vice of the will
ARTICLE 276.- Force and intimidation. The irresistible force and the threats that generate the fear of suffering a serious and imminent evil that cannot be counteracted or avoided in the person or property of the party or of a third party, cause the nullity of the act. The relevance of threats
It must be judged taking into account the situation of the threatened person and the other circumstances of the case.
ARTICLE 277.- Subjects. The author of the irresistible force and threats may be one of the parties to the act or a third party.
ARTICLE 278.- Responsibility for damages caused. The author must repair the damages. The party that at the time of the act was aware of the irresistible force or the threats of the third party responds jointly and severally.
CHAPTER 5
Legal acts
SECTION 1
Object of the legal act
ARTICLE 279.- Purpose. The object of the legal act must not be an impossible event or prohibited by law, contrary to morality, good customs, public order or harmful to the rights of others or human dignity. Nor can it be a good that for a special reason
it has been forbidden to be.
ARTICLE 280.- Validation. The legal act subject to a term or suspensive condition is valid, even if the object was initially impossible, if it becomes possible before the expiration of the term or the fulfillment of the condition.
SECTION 2
Cause of the legal act
ARTICLE 281.- Cause. The cause is the immediate end authorized by the legal system that has been determining the will. Also included in the cause are the reasons expressed when they are lawful and have been incorporated into the act expressly, or tacitly if they are
essential for both parties.
ARTICLE 282.- Presumption of cause. Although the cause is not expressed in the act, it is presumed that it exists until the contrary is proven. The act is valid even if the cause expressed is false if it is based on another true cause.
ARTICLE 283.- Abstract act. The non-existence, falsity or illegality of the cause are not debatable in the abstract act as long as it has not been fulfilled, unless the law authorizes it.
SECTION 3
Form and proof of the legal act
ARTICLE 284.- Freedom of forms. If the law does not designate a specific form for the expression of the will, the parties may use whatever they deem appropriate. The parties may agree to a more demanding form than that imposed by law.
ARTICLE 285.- Form imposed. The act that is not granted in the manner required by law is not concluded as such as long as the foreseen instrument has not been granted, but it is valid as an act in which the parties have been obliged to comply with the expressed formality, except that
she is required under penalty of nullity.
ARTICLE 286.- Written expression. Written expression can take place by public instruments, or by signed or unsigned private instruments, except in cases where certain instrumentation is imposed. It can be recorded on any medium, always
that its content is represented with intelligible text, even if its reading requires technical means.
ARTICLE 287.- Unsigned private and private instruments. The particular instruments may or may not be signed. If they are, they are called private instruments.
If they are not, they are called unsigned private instruments; This category includes all unsigned writing, among others, printed matter, visual or auditory records of things or events and, whatever the medium used, records of words and information.
ARTICLE 288.- Signature. The signature proves the authorship of the declaration of will expressed in the text to which it corresponds. It must consist of the name of the signer or a sign.
In instruments generated by electronic means, the requirement of a person's signature is satisfied if a digital signature is used, which undoubtedly ensures the authorship and integrity of the instrument.
SECTION 4
Public instruments
ARTICLE 289.- Enunciation. They are public instruments:
a) public deeds and their copies or testimonies;
b) the instruments issued by notaries or public officials with the requirements established by law;
c) the titles issued by the national or provincial State or the Autonomous City of Buenos Aires, in accordance with the laws that authorize their issuance.
ARTICLE 290.- Requirements of the public instrument. The validity requirements of the public instrument are:
a) the performance of the public official within the limits of his attributions and of his territorial competence, except that the place is generally considered to be included in it;
b) the signatures of the public official, the parties, and, where appropriate, their representatives; If any of them does not sign by himself or at my request, the instrument is not valid for all.
ARTICLE 291.- Prohibitions. The instrument authorized by a public official in a matter in which he, his spouse, his partner, or a relative of his within the fourth or second degree of affinity, are personally interested is of no value.
ARTICLE 292.- Budgets. It is a presupposition for the validity of the instrument that the public official is effectively in office. However, the acts implemented and authorized by him before the notification of the suspension or cessation of his functions are valid.
facts in accordance with the law or regulation that regulates the function in question.
Within the limits of good faith, the lack of the necessary requirements for their appointment and investiture does not affect the act or the instrument if the intervening person effectively exercises an existing position and acts under the appearance of legitimacy of the title.
ARTICLE 293.- Competition. Public instruments issued in accordance with the provisions of this Code enjoy full faith and produce identical effects throughout the territory of the Republic, regardless of the jurisdiction where they have been granted.
ARTICLE 294.- Defects of form. The public instrument that has amendments, additions, deletions, between the lines and alterations in essential parts is invalid, if they are not saved before the required signatures.
The instrument that does not have the proper form is valid as a private instrument if it is signed by the parties.
ARTICLE 295.- Unskilled witnesses. They cannot be witnesses in public instruments:
a) Persons unable to exercise and those who are prevented by a sentence from being a witness in public instruments;
b) those who do not know how to sign;
c) dependents of the public official;
d) the spouse, partner and relatives of the public official, within the fourth and second degree of affinity;
The common error about the suitability of witnesses saves the effectiveness of the instruments in which they have intervened.
ARTICLE 296.- Evidence effectiveness. The public instrument bears full faith:
a) as to the fact that the act has been carried out, the date, the place and the facts that the public official enunciates as having been carried out by him or before him until it is declared false in civil or criminal proceedings;
b) regarding the content of the declarations on conventions, provisions, payments, acknowledgments and enunciations of facts directly related to the main object of the instrumented act, until evidence to the contrary is produced.
ARTICLE 297.-. Formal harmlessness. The witnesses of a public instrument and the public official who authorized it cannot contradict, vary or alter its content, if they do not allege that they testified or granted the act as victims of fraud or violence.
ARTICLE 298.- Contradocument. The particular counter-document that alters what is expressed in a public instrument can be invoked by the parties, but it is unenforceable with respect to third parties interested in good faith.
SECTION 5
Public deed and minutes
ARTICLE 299.- Public deed. Definition. The public deed is the matrix instrument extended in the protocol of a notary public or other official authorized to exercise the same functions, which contains one or more legal acts. The copy or testimony of the
Public deeds issued by notaries are a public instrument and fully faith as the parent deed. If there is any variation between this and the copy or testimony, it must be to the content of the parent deed.
ARTICLE 300.- Protocol. The protocol is formed with the pages enabled for the use of each record, numbered consecutively in each calendar year, and with the documents that are incorporated by legal requirement or at the request of the parties to the act. Corresponds to the law
local regulate what is related to the characteristics of the folios, their issuance, as well as the other precautions related to the protocol, form and manner of their collection in volumes or files, their conservation and archiving.
ARTICLE 301.- Requirements. The notary public must himself receive the statements of the appearing parties, be they the parties, their representatives, witnesses, spouses or other participants. You must qualify the budgets and elements of the act, and configure it technically. The Scriptures
Public documents, which must be drawn up in a single act, can be handwritten or typed, and electronic word processing mechanisms can be used, provided that ultimately the wording is stamped on the support required by the regulations, with
easily readable characters. In the cases of plurality of grantors in which there is no delivery of money, securities or things in the presence of the notary, the interested parties can sign the deed at different times of the same day of its granting. This procedure can be used
provided that the final text is not modified at the time of the first signature.
ARTICLE 302.- Language. The public deed must be done in the national language. If any of the grantors declares to ignore it, the deed must be drawn up according to a signed draft, which must be expressed in the national language by a public translator, and if there is not, by an interpreter who
the clerk accepts. Both instruments must be added to the protocol.
The grantors may require the notary to notarize an original instrument in a foreign language, as long as it consists of a translation made by a public translator, or interpreter that he accepts. In this case, with the testimony of the deed, the notary must deliver
certified copy of that instrument in the language in which it is drawn up.
ARTICLE 303.- Abbreviations and numbers. Do not leave blank spaces, or use abbreviations, or initials, except that the latter two are recorded in the documents that are transcribed, they are evidence of other added documents or are signs or abbreviations
scientifically or socially admitted with a univocal sense. Numbers can be used, except for quantities that are delivered in the presence of the notary public and other quantities or data that correspond to essential elements of the legal act.
ARTICLE 304.- Grantor with hearing impairment. If any of the persons granting the act has a hearing disability, two witnesses must intervene who can give an account of the knowledge and understanding of the act by the grantor. If she is literate, in addition, the writing
it must be done in accordance with a minute signed by her and the clerk must attest to that fact. The minute must be registered.
ARTICLE 305.- Content. The writing must contain:
a) place and date of its granting; If any of the parties requires it or the clerk considers it convenient, the time the instrument is signed;
b) the names, surnames, identity document, real and special address, if any, date of birth and family status of the grantors; in the case of married persons, it must also be stated if they were married in the first or later nuptials and the name of the spouse, if it is
relevant in view of the nature of the act; If the grantor is a legal person, the full name, registered office and registration data of its incorporation must be recorded, if applicable;
c) the nature of the act and the individualization of the goods that constitute its object;
d) the instrumental record of the reading that the scribe must make in the act of granting the deed;
e) amendments, tests, erasures, between the lines, or other modifications made to the instrument in essential parts, which must be made in the handwriting of the notary public and before signing;
f) the signature of the grantors, the notary public and the witnesses, if any; If any of the grantors does not know or cannot sign, someone else must do so on their behalf; The statement on the cause of the impediment and the digital impression of the grantor must be recorded.
ARTICLE 306.- Justification of identity. The identity of the appearing parties must be justified by any of the following means:
a) by presentation made to the appropriate document notary; In this case, the document must be individualized and certified reproduction of its pertinent parts must be added to the protocol;
b) by affirmation of knowledge by the notary.
ARTICLE 307.- Enabling documents. If the grantor of the deed is a representative, the notary public must demand the presentation of the original document that accredits it, which must be added to the protocol, except in the case of powers for more than one matter or
other qualifying documents that make the return necessary, in which case a copy certified by the notary must be added. In case the enabling documents are already protocolized in the registry of the intervening notary, it is enough that this is mentioned
circumstance, indicating folio and year.
ARTICLE 308.- Copies or testimonies. The scribe must give a copy or testimony of the deed to the parties. This instrument can be obtained by any means of reproduction that ensures its indelible permanence, in accordance with local regulations. If any of the
The parties request a new copy, the clerk must deliver it, except that the deed contains the evidence of any pending obligation to give or to do, in charge of another of the parties. In this case, the accreditation in a public instrument of the extinction of the obligation must be required,

the agreement of the creditor or the judicial authorization, which must be processed by summoning the parties to the legal act.
ARTICLE 309.- Nullity. Deeds that do not have the designation of the time and place in which they are made, the name of the grantors, the signature of the notary public and of the parties, the signature at their request when they do not know or cannot write and the signature of the two witnesses of the
act when your presence is required. Non-observance of the other formalities does not annul the deeds, but notaries or public officials can be sanctioned.
ARTICLE 310.- Minutes. The notarial documents that are intended to verify the facts are called minutes.
ARTICLE 311.- Requirements of the notarial acts. The minutes are subject to the requirements of public deeds, with the following modifications:
a) The requirement that motivates the intervention of the notary and, where appropriate, the manifestation of the requesting party regarding his own interest or that of third parties with whom he acts must be recorded;
Page 3
b) the accreditation of legal status or of the interest of third parties alleged by the applicant is not necessary;
c) it is not necessary for the notary to know or identify the people with whom he deals with for the purposes of making notifications, requests and other procedures;
d) the persons required or notified, to the extent that the object of the verification so permits, must be previously informed of the nature in which the notary intervenes and, where appropriate, of the right not to answer or to answer; in the latter case, they must be done
state in the document the manifestations that are made;
e) the notary may carry out the proceedings without the concurrence of the requesting party when it is not necessary for its purpose;
f) they do not require unity of act or drafting; they can be extended simultaneously or after the events that are narrated, but on the same day, and they can be separated into two or more parts or proceedings, following the chronological order;
g) may be authorized even when one of the interested parties refuses to sign, which must be recorded.
ARTICLE 312.- Evidentiary value. The probative value of the minutes is limited to the facts that the notary has in view, to the verification of their existence and their status. As for people, it is limited to their identification if it exists, and the statements must be recorded.
and judgments they issue. Statements must be referred to as mere fact and not as business content.
SECTION 6
Private and private instruments
ARTICLE 313.- Signature of private instruments. If any of the signers of a private instrument does not know or cannot sign, the digital impression can be recorded or by the presence of two witnesses who must also sign the instrument.
ARTICLE 314.- Acknowledgment of the signature. Anyone against whom an instrument is presented whose signature is attributed must state whether it belongs to him. The heirs can limit themselves to stating that they do not know whether or not the signature is that of their deceased. The authenticity of the signature
it can be tested by any means.
The recognition of the signature matters the recognition of the body of the private instrument. The private instrument recognized, or declared authentic by judgment, or whose signature is certified by a notary public, cannot be challenged by those who have recognized it, except for
vices in the act of recognition. The resulting proof is indivisible. The document signed with the digital impression is valid as a principle of proof in writing and can be contested in its content.
ARTICLE 315.- Document signed in white. The signer of a blank document can challenge its content by proving that he does not respond to his instructions, but he cannot use witnesses to do so if there is no principle of proof in writing. The
Ignorance of the signer must not affect third parties in good faith.
When the signed blank document is stolen against the will of the person who keeps it, these circumstances can be proven by any means. In this case, the content of the instrument cannot be opposed to the signer except by third parties who prove their good faith.
if they have acquired rights for consideration based on the instrument.
ARTICLE 316.- Amendments. The scratches, amendments or between the lines that affect essential parts of the instrumented act must be saved with the signature of the parties. If not, the judge must determine to what extent the defect excludes or reduces the evidentiary force of the
instrument.
ARTICLE 317.- Certain date. The evidentiary effectiveness of recognized private instruments extends to third parties from their certain date. They acquire a certain date on the day on which an event occurs which results as an inescapable consequence that the document was already signed or
could not be signed afterwards.
The evidence can be produced by any means, and must be rigorously appraised by the judge.
ARTICLE 318.- Correspondence. Correspondence, whatever the means used to create or transmit it, can be presented as evidence by the recipient, but that which is confidential cannot be used without the consent of the sender. Third parties cannot
use the correspondence without the consent of the addressee, and the sender if it is confidential.
ARTICLE 319.- Probative value. The probative value of the particular instruments must be appreciated by the judge, weighing, among other guidelines, the congruence between what happened and narrated, the precision and technical clarity of the text, the uses and practices of traffic, the relationships
precedents and the reliability of the supports used and the technical procedures that are applied.
SECTION 7
Accounting and financial statements
ARTICLE 320.- Obliged. Exceptions All private legal entities and those who carry out organized economic activity or are owners of a business, industrial, agricultural or service business or establishment are required to keep accounts. Any other
A person can keep accounts if they request their registration and the authorization of their records or the initiation of the books, as established in this same Section.
Without prejudice to the provisions of special laws, human persons who develop liberal professions or agricultural and related activities not executed or organized in the form of a company are excluded from the obligations provided for in this Section. They are considered related
activities aimed at the transformation or sale of agricultural products when they are included in the normal exercise of such activities. Activities that, due to the volume of their business, are inconvenient may also be exempted from keeping accounts.
subject to such duties as determined by each local jurisdiction.
ARTICLE 321.- Mode of keeping the accounting. Accounting must be kept on a uniform basis from which a true picture of the activities and acts to be recorded results, so as to allow the individualization of the operations and the corresponding
creditor and debtor accounts. The entries must be supported with the respective documentation, all of which must be filed in a methodical way and that allows its location and consultation.
ARTICLE 322.- Indispensable records. The following are essential records:
daily;
b) inventory and balance sheets;
c) those that correspond to an adequate integration of an accounting system and that requires the importance and nature of the activities to be carried out;
d) those that are specially imposed by this Code or other laws.
ARTICLE 323.- Books. The interested party must keep his accounting through the use of books and must present them, duly bound, for their identification in the corresponding Public Registry.
Such identification consists of writing down, on the first page, a dated and signed note of its destination, the number of the copy, the name of its holder and the number of pages it contains.
The Registry must keep an alphabetical list, for public consultation, of the people who request the registration of books or authorization to keep the accounting records in another way, from which the books that were initialed arise and, where appropriate, the authorizations. that they are
confer.
ARTICLE 324.- Prohibitions. It's prohibited:
a) alter the order in which entries should be made;
b) leave blanks that can be used for interleaves or additions between entries;
c) interlining, scraping, amending or crossing out. All errors and omissions must be saved by means of a new entry made on the date the omission or error is noticed;
d) mutilate any part of the book, tear off pages or alter the binding or foliage;
e) any other circumstance that affects the inalterability of the registrations.
ARTICLE 325.- Manner of keeping the records. The books and accounting records must be kept chronologically, updated, without any alteration that has not been duly saved. They must also be carried in the national language and currency.
They must make it possible to determine at the end of each annual financial year the financial situation, its evolution and its results.
The books and registries of article 322 must remain in the domicile of its title.
ARTICLE 326.- Financial statements. At the end of the fiscal year, whoever keeps compulsory or voluntary accounting must prepare their financial statements, which comprise at least one statement of financial position and one statement of income that must be recorded in the record of
inventories and balances.
ARTICLE 327.- Newspaper. In the Journal, all operations related to the person's activity that have an effect on the patrimony must be recorded, individually or in summary registers that cover periods of duration not exceeding one month. These summaries should arise from
detailed annotations made in sub-diaries, which must be kept in the forms and conditions established in articles 323, 324 and 325.
The register or Cash Book and any other auxiliary journal that is part of the accounting records system is part of the Journal and the formalities established for it must be complied with.
ARTICLE 328.- Conservation. Unless special laws establish longer terms, they must be kept for ten years:
a) the books, counting the period from the last entry;
b) the other records, from the date of the last entry made on them;
c) the endorsement instruments, from their date.
The heirs must keep the books of the deceased and, where appropriate, display them in the manner provided for in article 331, until the deadlines indicated above are met.
ARTICLE 329.- Acts subject to authorization. The owner may, with prior authorization from the Public Registry of his domicile:
a) replace one or more books, except for Inventories and Balances, or any of its formalities, by the use of computers or other mechanical, magnetic or electronic means that allow the individualization of operations and the corresponding debit accounts and
creditors and their subsequent verification;
b) keep the documentation on microfilm, optical discs or other means suitable for that purpose.
The request made to the Public Registry must contain an adequate description of the system, with a technical opinion from the Public Accountant and an indication of the background of its use. Once approved, the authorization request and the respective resolution of the
controller, must be transcribed in the Inventory and Balance Sheet book.
Authorization should only be granted if the alternative means are equivalent, in terms of inviolability, plausibility and completeness, to the systems whose replacement is requested.
ARTICLE 330.- Evidence effectiveness. Accounting, compulsory or voluntary, carried out in the manner and with the prescribed requirements, must be admitted in court, as a means of proof.
Its records prove against whoever carries it or his successors, even if they are not fit, without admitting evidence to the contrary. The adversary cannot accept the seats that are favorable to him and reject those that harm him, but having adopted this means of proof, he must
be to the combined results presented by all the records related to the questioned point.
The accounting, compulsory or voluntary, proof in favor of the person who keeps it, when in litigation against another subject that has accounting, compulsory or voluntary, it does not present contrary records incorporated in a regular accounting.
However, in such a case, the judge has the power to assess that evidence, and to demand, if he considers it necessary, another supplementary one.
When there is contradictory evidence from the records of the litigating parties, and both parties meet with all the necessary formalities and without any defect, the judge must dispense with this means of evidence and proceed on the merits of the other evidence presented. .
If it is a matter of litigation against someone who is not obliged to keep accounting, nor does it voluntarily, it only serves as a principle of proof in accordance with the circumstances of the case.
The proof resulting from the accounting is indivisible.
ARTICLE 331.- Investigations. Except for the assumptions provided in special laws, no authority, under any pretext, can make ex officio inquiries to inquire whether or not people carry legal records.
The accounting test must be carried out in the place provided for in article 325, even when it is outside the territorial jurisdiction of the judge who orders it.
The general display of records or accounting books can only be decreed at the request of a party in succession trials, all types of communion, associative contract or partnership, administration on behalf of others and in the event of liquidation, bankruptcy or bankruptcy. Outside of these cases
The exhibition of records or books may only be required insofar as it is related to the controversial issue in question, as well as to establish whether the accounting system of the obligor complies with the forms and conditions established in articles 323, 324 and 325.
CHAPTER 6
Vices of legal acts
SECTION 1
Injury
ARTICLE 332.- Injury. The nullity or modification of the legal acts can be demanded when one of the parties, exploiting the need, psychic weakness or inexperience of the other, obtains through them an evidently disproportionate patrimonial advantage and without
justification.
It is presumed, except for evidence to the contrary, that such exploitation exists in the event of notable disproportion of benefits.
The calculations must be made according to values ​at the time of the act and the disproportion must subsist at the time of the claim.
The affected party has the option to demand the nullity or an equitable readjustment of the agreement, but the first of these actions must be transformed into a readjustment action if it is offered by the defendant when answering the claim.
Only the injured party or his heirs can bring the action.
SECTION 2
Simulation
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ARTICLE 333.- Characterization. Simulation takes place when the legal character of an act is concealed under the appearance of another, or when the act contains clauses that are not sincere, or dates that are not true, or when rights are constituted or transmitted by it.
interposed persons, which are not those for whom they are actually constituted or transmitted.
ARTICLE 334.- Lawful and illegal simulation. The illicit simulation or that harms a third party causes the nullity of the ostensible act. If the simulated act conceals a real one, it is fully effective if the requirements of its category are met and it is not illegal or harms a third party.
The same provisions apply in the case of simulated clauses.
ARTICLE 335.- Action between the parties. Counterdocument. Those who grant an illegal simulated act or that harms third parties cannot exercise any action against each other on the simulation, except that the parties cannot obtain any benefit from the results of the
simulation action exercise.
The simulation alleged by the parties must be proven by means of the respective counter-document. It can be dispensed with when the party justifies the reasons why it does not exist or cannot be presented and there are circumstances that make the simulation unequivocal.
ARTICLE 336.- Action by third parties. Third parties whose legitimate rights or interests are affected by the simulated act may demand its invalidity. They can accredit the simulation by any means of proof.
ARTICLE 337.- Effects against third parties. Duty to indemnify. The simulation cannot be opposed to the creditors of the simulated acquirer who in good faith have executed the assets included in the act.
The action of the creditor against the sub-purchaser of the rights obtained by the contested act only proceeds if it acquired by gratuitous title, or if it is an accomplice in the simulation.
The sub-acquirer in bad faith and the person who contracted in bad faith with the debtor are jointly and severally liable for the damages caused to the creditor who exercised the action, if the rights were transferred to an acquirer in good faith and for onerous title, or were otherwise lost to him. creditor. The
that he contracted in good faith and gratuitously with the debtor, responds to the extent of his enrichment.
SECTION 3
Fraud
ARTICLE 338.- Declaration of unenforceability. Any creditor can request the declaration of unenforceability of the acts celebrated by his debtor in fraud of his rights, and of the waivers of the exercise of rights or powers with which he could have improved or avoided
worsen your state of fortune.
ARTICLE 339.- Requirements. The requirements for the origin of the action for the declaration of unenforceability are:
a) that the credit is of cause prior to the contested act, except that the debtor has acted with the purpose of defrauding future creditors;
b) that the act has caused or aggravated the insolvency of the debtor;
c) that whoever contracted with the debtor for consideration has known or should have known that the act caused or aggravated the insolvency.
ARTICLE 340.- Effects against third parties. Duty to indemnify. Fraud cannot be opposed to the acquirer's creditors who in good faith have executed the assets included in the act.
The action of the creditor against the sub-purchaser of the rights obtained by the contested act only proceeds if he acquired by gratuitous title, or if he is an accomplice in the fraud; complicity is presumed if, at the time of hiring, you knew the state of insolvency.
The sub-acquirer in bad faith and the person who contracted in bad faith with the debtor are jointly and severally liable for the damages caused to the creditor who exercised the action, if the rights were transferred to an acquirer in good faith and for onerous title, or were otherwise lost to him. creditor. The
that he contracted in good faith and gratuitously with the debtor, responds to the extent of his enrichment.
ARTICLE 341.- Extinction of the action. The action of the creditors ceases if the acquirer of the goods transferred by the debtor disinterests them or gives sufficient guarantee.
ARTICLE 342.- Extension of the unenforceability. The declaration of unenforceability is pronounced exclusively in the interest of the creditors that promote it, and up to the amount of their respective credits.
CHAPTER 7
Modalities of legal acts
SECTION 1
Condition
ARTICLE 343.- Scope and species. It is called a condition to the clause of legal acts by which the parties subordinate their full effectiveness or resolution to a future and uncertain event.
The provisions of this chapter are applicable, insofar as they were compatible, to the clause by which the parties subject the acquisition or extinction of a right to unknown present or past events.
ARTICLE 344.- Prohibited conditions. The act subject to an impossible event, contrary to morality and good customs, prohibited by the legal system or that depends exclusively on the will of the obligor, is void.
The condition of not doing an impossible thing does not harm the validity of the obligation, if it were agreed under suspensive modality.
The conditions that seriously affect the freedoms of the person, such as choosing domicile or religion, or deciding on their marital status are considered unwritten.
ARTICLE 345.- Non-execution of the condition. The breach of the condition cannot be invoked by the party that, in bad faith, prevents its realization.
ARTICLE 346.- Effect. The condition does not operate retroactively, unless otherwise agreed.
ARTICLE 347.- Pending condition. The holder of a right subject to suspensive condition can request conservative measures.
The acquirer of a right subject to a resolutive condition can exercise it, but the other party can also request conservative measures.
In all cases, while the condition has not been met, the party that constituted or transferred a right must behave in good faith, so as not to harm the other party.
ARTICLE 348.- Fulfillment of the suspensive and resolutory condition. Compliance with the condition obliges the parties to reciprocally deliver or return the agreed benefits, applying the effects corresponding to the nature of the agreed act, to its purposes and
object.
If the retroactive effect of the condition had been determined, compliance with it requires reciprocal delivery of what would have corresponded to the parties at the time of the celebration of the act. However, the administrative acts subsist and the fruits remain in favor of the
part that has perceived them.
ARTICLE 349.- Non-fulfillment of the suspensive condition. If the act celebrated under suspensive condition had been executed before the fulfillment of the condition, and it is not fulfilled, the object must be returned with its accessories but not the fruits received.
SECTION 2
Term
ARTICLE 350.- Species. The enforceability or termination of a legal act may be deferred at the expiration of a period.
ARTICLE 351.- Beneficiary of the term. The term is presumed to be established for the benefit of the person obligated to comply or to restore it upon expiration, unless, due to the nature of the act, or other circumstances, it turns out that it has been established in favor of the creditor or both parties.
ARTICLE 352.- Advance payment. The obligor who complies or restores before the deadline cannot repeat what was paid.
ARTICLE 353.- Expiration of the term. The person obliged to comply cannot invoke the pendency of the term if his bankruptcy has been declared, if by his own act he reduces the securities granted to the creditor for the fulfillment of the obligation, or if he has not constituted the promised guarantees,
among other relevant assumptions. The opening of the bankruptcy of the person obliged to pay does not expire the term, without prejudice to the right of the creditor to verify his credit, and to all the consequences provided for in the bankruptcy legislation.
SECTION 3
Position
ARTICLE 354.- Position. Species. Presumption. The position is an accessory obligation imposed on the acquirer of a right. It does not prevent the effects of the act, except that its fulfillment has been foreseen as a suspensive condition, nor does it resolve them, unless its fulfillment has been
stipulated as a resolving condition. In case of doubt, it is understood that such a condition does not exist.
ARTICLE 355.- Compliance time. Prescription. To the term of execution of the charge, the provisions of articles 350 and the corresponding ones apply.
Since it is expedited, the action for compliance prescribes as established in article 2559.
ARTICLE 356.- Transmissibility. The acquired right is transferable by acts between the living or by cause of death and with it the obligation to fulfill the position is transferred, except that it can only be executed by whoever was initially obliged to fulfill it. If the fulfillment of the position is
inherent to the person and he dies without fulfilling it, the acquisition of the main right is without effect, returning the assets to the original owner or his heirs. The reversion does not affect the third parties except insofar as the resolutive condition could affect them.
ARTICLE 357.- Prohibited position. The stipulation as a position in the legal acts of facts that cannot be as a condition, is considered unwritten, but does not cause the nullity of the act.
CHAPTER 8
Representation
SECTION 1
General disposition
ARTICLE 358.- Principle. Sources. Legal acts inter vivos can be executed through a representative, except in cases where the law requires that they be granted by the owner of the right.
Representation is voluntary when it results from a legal act, it is legal when it results from a rule of law, and it is organic when it results from the statute of a legal person.
In family relations, representation is governed, as a subsidy, by the provisions of this Chapter.
ARTICLE 359.- Effects. The acts celebrated by the representative on behalf of the represented party and within the limits of the powers conferred by law or by the act of empowerment, produce effect directly for the represented party.
ARTICLE 360.- Extension. The representation covers the acts that are the object of the empowerment, the powers granted by law and also the acts necessary for their execution.
ARTICLE 361.- Limitations. The existence of unauthorized assumptions and the limitations or the extinction of the power of attorney are enforceable against third parties if they are aware of them or could have known them by acting with due diligence.
SECTION 2
Voluntary representation
ARTICLE 362.- Characters. Voluntary representation includes only the acts that the represented party can grant himself. The limits of the representation, its extinction, and the instructions that the represented party gave to his representative, are enforceable against third parties if they have
made aware of such circumstances, or should have known them acting with care and foresight.
ARTICLE 363.- Form. The power of attorney must be granted in the manner prescribed for the act that the representative must perform.
ARTICLE 364.- Capacity. In voluntary representation, the represented party must have the capacity to grant the act at the time of the seizure; discernment is enough for the representative.
ARTICLE 365.- Vices. The act granted by the representative is void if his will is flawed. But if it has been granted in the exercise of powers previously determined by the represented party, it is void only if the will of the latter was flawed.
The represented in bad faith cannot take advantage of the ignorance or good faith of the representative.
ARTICLE 366.- Acting in exercise of power. When a representative acts within the framework of his power, his acts are directly binding on the principal and third parties. The representative is not obliged to third parties, except that he has guaranteed in some way the
deal. If the will to act on behalf of another does not appear clearly, it is understood that he has acted on his own behalf.
ARTICLE 367.- Apparent representation. When someone has acted in such a way as to induce a third party to enter into a legal act, allowing them to reasonably believe that they are negotiating with their representative, without express representation, it is understood that they have tacitly granted
enough power.
To this end, it is presumed that:
a) Whoever notoriously manages an establishment open to the public is empowered for all the acts of ordinary management thereof;
b) the employees who work in the establishment are empowered to carry out all the acts that ordinarily correspond to the functions they perform;
c) The employees in charge of delivering goods outside the establishment are entitled to receive their price by granting the relevant receipt.
ARTICLE 368.- Act with himself. No one can, on behalf of another, carry out a legal act with himself, either on his own account or that of a third party, without the authorization of the represented party. Nor can the representative, without the consent of the principal, apply funds or
Income obtained in the exercise of the representation of their own businesses, or those of others entrusted to their management.
ARTICLE 369.- Ratification. Ratification makes up for the lack of representation. After ratification, the action is considered authorized, with retroactive effect to the day of the act, but it is unenforceable to third parties who have previously acquired rights.
ARTICLE 370.- Time of ratification. The ratification can be done at any time, but the interested parties can request it, setting a period for it that cannot exceed fifteen days; silence should be interpreted as negative. If ratification depends on the authority
administrative or judicial, the term extends to three months. The third party that has not required ratification can revoke their consent without waiting for the expiration of these terms.
ARTICLE 371.- Manifestation of ratification. Ratification results from any express manifestation or from any conclusive act or behavior that necessarily amounts to an approval of what the person invoking the representation has done.
ARTICLE 372.- Obligations and duties of the representative. The representative has the following obligations and duties:
a) of fidelity, loyalty and reserve;
b) carrying out the entrusted management, which requires the legality of its provision, compliance with the instructions of the represented party, and the development of conduct according to the uses and practices of traffic;
c) communication, which includes information and consultation;
d) conservation and custody;
e) of prohibition, as a rule, to acquire by sale or similar legal acts the assets of the client;
f) restitution of documents and other assets that correspond to the represented at the end of the management.
ARTICLE 373.- Obligations and duties of the represented. The represented party has the following obligations and duties:
a) to provide the necessary means for the fulfillment of the management;
b) to remunerate management, if applicable;
c) to leave the representative harmless.
ARTICLE 374.- Copy. Third parties may demand that the representative sign and deliver a signed copy of the instrument from which his representation results.
ARTICLE 375.- Power conferred in general terms and express powers. The powers contained in the power of attorney are of restrictive interpretation. The power of attorney conferred in general terms only includes the acts of ordinary administration and those necessary for their execution.
Express powers are necessary to:
a) petition for divorce, marriage annulment, modification, dissolution or liquidation of the marriage property regime;
b) grant conjugal consent if the act requires it, in which case the assets to which it refers must be identified;
c) recognize children, in which case the person who is recognized must be individualized;
d) accept inheritances;
e) constitute, modify, transfer or extinguish real rights over real estate or other registrable assets;
f) create obligations by a unilateral declaration of will;
g) to recognize or renew obligations prior to the granting of the power of attorney;
h) make payments other than the ordinary ones of the administration;
i) renounce, compromise, submit rights or obligations to arbitration, without prejudice to the applicable rules regarding bankruptcies and bankruptcies;
j) to form temporary unions of companies, business collaboration groups, societies, associations, or foundations;
k) give or take real estate for more than three years, or collect advance rents for more than one year;
l) make donations or other gifts, except for small usual gratuities;
m) Giving bonds, committing personal services, receiving things in deposit if it is not necessary, and giving or borrowing money, except when these acts correspond to the purpose for which a power of attorney was granted in general terms.
ARTICLE 376.- Liability for non-existence or excess in representation. If someone acts as a representative of another without being one, or in excess of the powers conferred by the represented party, he is responsible for the damage that the other party suffers for having trusted, through no fault of his own, in the
validity of the act; If you let the third party know the lack or deficiency of your power of attorney, you are exempt from said responsibility.
ARTICLE 377.- Substitution. The representative can substitute the power of attorney in another. Respond for the substitute if he incurs guilt in choosing. The represented can indicate the person of the substitute, in which case the representative does not answer for him.
The represented can prohibit the substitution.
ARTICLE 378.- Plurality of representatives. The appointment of several representatives, without indication that they must act jointly, all or some of them, is understood to empower any of them to act without distinction.
ARTICLE 379.- Plural empowerment. The power of attorney granted by several people for an object of common interest can be revoked by any of them without dependence on the others.
ARTICLE 380.- Extinction. Power is extinguished:
a) for the fulfillment of the act or acts entrusted in the seizure;
b) by the death of the representative or the represented party; However, it subsists in the event of the death of the represented party provided that it has been conferred for specially determined acts and because of a legitimate interest that can only be the representative, a third party or
common to representative and represented, or representative and a third party, or represented and third party;
c) by the revocation made by the represented party; However, a power of attorney may be conferred irrevocably, provided that it is conferred for specially determined acts, limited for a certain period of time, and due to a legitimate interest that can only be the representative, or
of a third party, or common to representative and represented, or to representative and a third party, or to represented and third party; it expires when the established period has elapsed and can be revoked if there is just cause;
d) by the resignation of the representative, but he must continue in office until he notifies the representative, who can act on his own or replace him, unless he proves an impediment that constitutes just cause;
e) by the declaration of presumed death of the representative or the represented party;
f) by the declaration of absence of the representative;
g) due to the bankruptcy of the representative or represented;
h) due to the loss of the capacity required of the representative or the represented party.
ARTICLE 381.- Opposition to third parties. The modifications, the resignation and the revocation of the powers must be made known to the third parties by suitable means. Failing that, they are not enforceable against third parties, unless it is proven that they knew the
modifications or revocation at the time of celebrating the legal act.
The other causes of extinction of power are not enforceable against third parties who have ignored them through no fault of their own.
CHAPTER 9
Ineffectiveness of legal acts
SECTION 1
General disposition
ARTICLE 382.- Categories of ineffectiveness. Legal acts may be ineffective due to their nullity or unenforceability with respect to certain persons.
ARTICLE 383.- Articulation. The invalidity can be argued by way of action or opposed as an exception. In all cases it must be substantiated.
ARTICLE 384.- Conversion. The null act can become a different valid one whose essential requirements it satisfies, if the practical purpose pursued by the parties allows us to suppose that they would have wanted it if they had foreseen the nullity.
ARTICLE 385.- Indirect act. A legal act celebrated to obtain a result that is proper to the effects of another act, is valid if it is not granted to circumvent a prohibition of the law or to harm a third party.
SECTION 2
Absolute and relative nullity
ARTICLE 386.- Distinction criteria. Acts that contravene public order, morals or good customs are of absolute nullity. The acts to which the law imposes this sanction only to protect the interest of certain people are of relative nullity.
ARTICLE 387.- Absolute nullity. Consequences. Absolute nullity can be declared by the judge, even without a request from a party, if it is manifest at the time of sentencing. It can be argued by the Public Ministry and by any interested party, except for the part that
invoke your own clumsiness to gain profit. It cannot be sanitized by the confirmation of the act or by the prescription.
ARTICLE 388.- Relative nullity. Consequences. Relative nullity can only be declared at the request of the persons for whose benefit it is established. Exceptionally, it can be invoked by the other party, if it is in good faith and has suffered material damage. It can be sanitized by
confirmation of the act and by the prescription of the action. The party that acted with the absence of capacity to exercise for the act, cannot allege it if it acted with intent.
SECTION 3
Total and partial nullity
ARTICLE 389.- Principle. Integration. Total nullity is the one that extends to the entire act. Partial nullity is that which affects one or more of its provisions.
The nullity of a provision does not affect the other valid provisions, if they are separable. If they are not separable because the act cannot survive without fulfilling its purpose, total nullity is declared.
In the partial nullity, if necessary, the judge must integrate the act according to its nature and the interests that can reasonably be considered pursued by the parties.
SECTION 4
Effects of invalidity
ARTICLE 390.- Restitution. The nullity pronounced by the judges returns things to the same state in which they were before the act declared invalid and obliges the parties to mutually return what they have received. These refunds are governed by the provisions relating to the good
or bad faith as the case may be, in accordance with the provisions of Chapter 3 of Title II of Book Four.
ARTICLE 391.- Simple facts. The null legal acts, although they do not produce the effects of the valid acts, give rise to the consequences of the facts in general and the corresponding reparations.
ARTICLE 392.- Effects with respect to third parties in recordable things. All real or personal rights transmitted to third parties over a recordable property or furniture, by a person who has become an acquirer by virtue of a null act, remain without any value, and can be
claimed directly from the third party, except against the sub-purchaser of real or personal rights in good faith and for consideration.
Sub-acquirers cannot rely on their good faith and onerous title if the act has been carried out without the intervention of the right holder.
SECTION 5
Confirmation
ARTICLE 393.- Requirements. There is confirmation when the party that can articulate the relative nullity expressly or tacitly expresses its will to consider the act valid, after the cause of nullity has disappeared.
The act of confirmation does not require the agreement of the other party.
ARTICLE 394.- Form. If the confirmation is express, the instrument in which it appears must meet the forms required for the act to be sanitized and contain the precise mention of the cause of the nullity, of its disappearance and of the will to confirm the act.
The tacit confirmation results from the total or partial fulfillment of the null act carried out with knowledge of the cause of nullity or of another act from which the unequivocal will to correct the vice of the act derives.
ARTICLE 395.- Retroactive effect. The confirmation of the originally null act between living has retroactive effect to the date on which it was celebrated. The confirmation of last will provisions operates from the death of the deceased.
The retroactivity of the confirmation does not prejudice the rights of third parties in good faith.
SECTION 6
Unavailability
ARTICLE 396.- Effects of the unenforceable act against third parties. The unenforceable act has no effect with respect to third parties, except in the cases provided by law.
ARTICLE 397.- Opportunity to invoke it. The unenforceability can be enforced at any time, without prejudice to the right of the other party to oppose the prescription or expiration.
TITLE V
Transfer of rights
ARTICLE 398.- Transmissibility. All rights are transferable except when a valid stipulation of the parties or that results from a legal prohibition or that amounts to a violation of good faith, morals or good customs.
ARTICLE 399.- General rule. No one can transmit to another a better or more extensive right than the one he has, without prejudice to the legally provided exceptions.
ARTICLE 400.- Successors. Universal successor is the one who receives all or an undivided part of the patrimony of another; singular successor the one who receives a particular right.
BOOK TWO
FAMILY RELATIONS
TITLE I
Marriage
CHAPTER 1
Principles of freedom and equality
ARTICLE 401.- Esponsales. This Code does not recognize future engagement. There is no action to demand the fulfillment of the marriage promise or to claim the damages and losses caused by the breakup, without prejudice to the application of the rules of enrichment without cause,
or the restitution of donations, if applicable.
ARTICLE 402.- Interpretation and application of the rules. No norm can be interpreted or applied in the sense of limiting, restricting, excluding or suppressing the equality of rights and obligations of the members of the marriage, and the effects that it produces, is constituted
by two people of the same or different sex.
EPISODE 2
Marriage requirements
ARTICLE 403.- Marital impediments. The following are decisive impediments to marrying:
a) kinship in a straight line in all degrees, whatever the origin of the link;
b) kinship between bilateral and unilateral siblings, whatever the origin of the bond;
c) straight line affinity in all grades;
d) the previous marriage, while it subsists;
e) having been convicted as the author, accomplice or instigator of the intentional homicide of one of the spouses;
f) be under eighteen years of age;
g) the permanent or transitory lack of mental health that prevents him from having discernment for the marriage act.
ARTICLE 404.- Lack of nuptial age. Judicial dispensation. In the case of subsection f) of article 403, the minor who has not reached the age of 16 years may contract marriage after judicial dispensation. The minor who has reached the age of 16 years can contract
marriage with the authorization of their legal representatives. In the absence of this, you can do so after judicial dispensation.
The judge must hold a personal interview with the future spouses and with their legal representatives.
The judicial decision must take into account the age and degree of maturity reached by the person, referring especially to the understanding of the legal consequences of the marriage act; You must also evaluate the opinion of the representatives, if they have expressed it.
The dispensation for marriage between the guardian or his descendants with the person under his guardianship can only be granted if, in addition to the provisions set forth in the preceding paragraph, the accounts of the administration have been approved. If the marriage is celebrated in the same way, the guardian
loses the allocation that corresponds to the income of the ward in accordance with the provisions of article 129 paragraph d).
ARTICLE 405.- Lack of mental health and judicial dispensation. In the case of subsection g) of article 403, a marriage may be contracted after a judicial dispensation.
The judicial decision requires a prior opinion from the interdisciplinary team on the understanding of the legal consequences of the marriage act and the aptitude for the life of a relationship on the part of the affected person.
The judge must hold a personal interview with the future spouses; You can also do it with your supporter (s), legal representatives and caregivers, if you consider it appropriate.
ARTICLE 406.- Requirements for the existence of the marriage. For the existence of the marriage, the consent of both parties expressed personally and jointly before the competent authority to celebrate it is essential, except as provided in this Code for the
distance marriage.
The act that lacks this requirement does not produce civil effects.
ARTICLE 407.- Incompetence of the authority that celebrates the act. The existence of the marriage is not affected by the incompetence or lack of the legitimate appointment of the authority to celebrate it, provided that at least one of the spouses has acted in good faith, and
those will exercise their functions publicly.
ARTICLE 408.- Pure and simple consent. The matrimonial consent cannot be submitted to any modality. Any term, condition or position is considered unexpressed, without affecting the validity of the marriage.
ARTICLE 409.- Vices of consent. The following are vices of consent:
a) violence, fraud and error about the person of the other party;
b) the error regarding the personal qualities of the other contracting party, if it is proven that the person who suffered it would not have consented to the marriage if he had known that state of affairs and reasonably appreciated the union he contracted.
The judge must assess the essentiality of the error considering the personal circumstances of the person alleging it.
CHAPTER 3
Opposition to the celebration of marriage
ARTICLE 410.- Opposition to the celebration of marriage. Only impediments established by law can be alleged as grounds for opposition.
The opposition that is not based on the existence of any of these impediments must be rejected without further processing.
ARTICLE 411.- Legitimized for the opposition. The right to deduce opposition to the celebration of marriage due to impediments is the responsibility of:
a) the spouse of the person who wants to contract another marriage;
b) to the ascendants, descendants and siblings of any of the future spouses, whatever the origin of the bond;
c) to the Public Ministry, which must deduce opposition when it becomes aware of these impediments, especially, by the complaint of any person made in accordance with the provisions of the following article.
ARTICLE 412.- Complaint of impediments. Any person can report the existence of any of the impediments established in article 403 from the beginning of the preliminary proceedings and until the celebration of the marriage before the Public Ministry, so that it can deduce
the corresponding opposition, if deemed appropriate, with the formalities and procedure provided for in articles 413 and 414.
ARTICLE 413.- Form and requirements of the opposition. The opposition is presented to the public official of the Registry who has to celebrate the marriage verbally or in writing with the expression of:
a) name and surname, age, family status, profession and address of the opponent;
b) bond that unites the opponent with one of the future spouses;
c) impediment on which the opposition is based;
d) documentation that proves the existence of the impediment and its references, if any; if you don't have it, where it is, and any other useful information.
When the opposition is deduced verbally, the public official must draw up a detailed record, which he signs with the opponent or with whoever signs at his request, if he does not know or cannot sign. When it is deduced in writing, it must be transcribed in the minute book with the same
formalities.
ARTICLE 414.- Opposition procedure. Once the opposition is deducted, the public official makes it known to the contracting parties. If either or both of them admit the existence of the legal impediment, the public official records it in the minutes and does not celebrate the marriage. If the contracting parties do not
they recognize it, they must express it before the public official within three days following the notification; The latter draws up an act, sends the competent judge an authorized copy of all the proceedings with the documents presented and suspends the celebration of the marriage.
The competent judge must substantiate and decide the opposition by the shortest procedure provided by local law. Once the opposition is received, it gives the Public Ministry a hearing for three days. Once the question is resolved, the judge sends a copy of the sentence to the public official.
ARTICLE 415.- Compliance with the sentence. Received the testimony of the final judgment that rejects the opposition, the public official proceeds to celebrate the marriage.
If the sentence declares the existence of the impediment, the marriage cannot be celebrated.
In both cases, the public official must write down the operative part of the sentence in the margin of the respective record.
CHAPTER 4
Marriage celebration
SECTION 1
Ordinary mode of celebration
ARTICLE 416.- Initial application. Those who intend to marry must present to the public official in charge of the Registry of Civil Status and Capacity of Persons corresponding to the domicile of any of them, an application that must contain:
a) names and surnames, and identity document number, if they have it;
b) age;
c) nationality, domicile and place of birth;
d) profession;
e) names and surnames of the parents, nationality, numbers of identity documents if they know them, profession and address;
f) statement on whether they have been married before. If so, the name and surname of the previous spouse, place of celebration of the marriage and cause of its dissolution, accompanying death certificate or duly legalized copy of the sentence
executed that had annulled or dissolved the previous marriage, or declared the presumed death of the previous spouse, as the case may be.
If the contracting parties or any of them cannot write, the public official must draw up a record containing the same statements.
ARTICLE 417.- Suspension of the celebration. If from the preliminary proceedings the ability of the contracting parties is not proven, or opposition is deduced, the public official must suspend the celebration of the marriage until the ability is proven or the opposition is rejected, doing so
be recorded in the minutes, of which you must give a certified copy to the interested parties, if they request it.
ARTICLE 418.- Celebration of marriage. The marriage must be celebrated publicly, with the appearance of the future spouses, before the public official in charge of the Registry of Civil Status and Capacity of Persons corresponding to the domicile of any of
they.
If it is held in the office that corresponds to that public official, the presence of two witnesses and the other formalities provided by law are required. The number of witnesses rises to four if the marriage takes place outside that office.
In the act of the celebration of the marriage, the public official reads article 431, receives from each of the contracting parties the declaration that they respectively want to become spouses, and declares that they are united in marriage in the name of the law.
The person who suffers limitations in their ability to communicate orally must express their will in writing or by any other unequivocal way.
ARTICLE 419.- Language. If one or both parties are ignorant of the national language, they must be assisted by a registered public translator and, if there is not, by an interpreter of recognized suitability, leaving due record in the registration.
ARTICLE 420.- Marriage certificate and copy. The celebration of the marriage is recorded in an act that must contain:
a) date of the act;

b) name and surname, age, identity document number if they have it, marital status, nationality, profession, domicile and place of birth of the appearing parties;
c) name and surname, identity document number, nationality, profession, and address of their respective parents, if they are known;
d) venue;
e) dispensation from the judge when appropriate;
f) mention of whether there was opposition and its rejection;
g) declaration of the contracting parties that they are taken as spouses, and of the public official that they are united in marriage in the name of the law;
h) name and surname, age, identity document number if they have it, family status, profession and address of the witnesses to the act;
i) declaration by the contracting parties of whether or not a marriage agreement has been entered into and, if so, its date and the notarial registry in which it was granted;
j) declaration of the contracting parties, if the property separation regime has been chosen;
k) documentation in which the consent of the absent contracting party is recorded, if the marriage is celebrated remotely.
The minutes must be drawn up and signed immediately by all those involved in the act, or by others at their request, if they cannot or do not know how to do so.
The public official must deliver to the spouses, free of charge, a copy of the marriage certificate and the family book issued by the Registry of Civil Status and Capacity of Persons.
SECTION 2
Extraordinary mode of celebration
ARTICLE 421.- Marriage in article of death. The public official may celebrate a marriage regardless of all or any of the formalities provided for in Section 1, when it is justified that one of the parties is in danger of death, with the
certificate of a doctor and, where there is none, with the declaration of two people.
In case the public official in charge of the Registry of Civil Status and Capacity of Persons cannot be found, the marriage in article of death can be celebrated before any judge or judicial official, who must draw up a record of the celebration, stating the
circumstances mentioned in article 420 with the exception of subsection f) and forward it to the public official to be formalized.
ARTICLE 422.- Distance marriage. Distance marriage is one in which the absent contracting party expresses his consent personally, in the place where he is, before the competent authority to celebrate marriages, as provided in this Code in the
rules of private international law.
CHAPTER 5
Proof of marriage
ARTICLE 423.- General rule. Exceptions Possession of state. The marriage is proven with the certificate of its celebration, its testimony, copy or certificate, or with the family book issued by the Registry of Civil Status and Capacity of Persons.
When it is impossible to present them, the celebration of the marriage can be proven by other means, justifying this impossibility.
Possession of status, by itself, is not sufficient evidence to establish married status or to claim the civil effects of marriage.
If there is a marriage certificate and possession of state, the non-observance of the formalities prescribed in the act of celebration cannot be alleged against the existence of the marriage.
CHAPTER 6
Nullity of marriage
ARTICLE 424.- Absolute nullity. Legitimate. The marriage celebrated with any of the impediments established in paragraphs a), b), c), d) and e) of Article 403 is of absolute nullity.
Nullity can be demanded by either of the spouses and by those who could oppose the celebration of the marriage.
ARTICLE 425.- Relative nullity. Legitimate. It is of relative nullity:
a) the marriage celebrated with the impediment established in subsection f) of article 403; Nullity can be claimed by the spouse who suffers from the impediment and by those who, on his behalf, could have opposed the celebration of the marriage. In the latter case, the
The judge must hear the adolescent, and taking into account their age and degree of maturity, he or she accepts the request for annulment.
If it is rejected, the marriage has the same effects as if it had been celebrated with the corresponding dispensation. The annulment petition is inadmissible after the spouse or spouses have reached the legal age.
b) the marriage celebrated with the impediment established in subsection g) of article 403. Nullity may be demanded by either of the spouses if they were unaware of the impediment.
Nullity cannot be requested if the spouse who suffers from the disability has continued cohabitation after recovering health; and in the case of the healthy spouse, after having known the impediment.
The deadline for filing the claim is one year, which is computed for the person suffering from the disability, since they recovered mental health, and for the healthy spouse since they learned about the disability.
The nullity can also be demanded by the relatives of the person who suffers from the disability and who could have opposed the celebration of the marriage. The term to file the claim is three months from the celebration of the marriage. In this case, the judge must
hear the spouses, and evaluate the situation of the affected person in order to verify if he understands the act that he has celebrated and what his wish is in this regard.
c) the marriage celebrated with any of the vices of consent referred to in article 409. Nullity can only be claimed by the spouse who has suffered the vice of error, fraud or violence. Nullity cannot be requested if cohabitation has continued for more
thirty days after knowing the error or having stopped the violence. The deadline for filing the claim is one year from the end of cohabitation.
ARTICLE 426.- Marriage nullity and third parties. The nullity of the marriage and the good or bad faith of the spouses does not prejudice the rights acquired by third parties who in good faith have contracted with the spouses.
ARTICLE 427.- Good faith in the celebration of the marriage. Good faith consists of ignorance or error in fact excusable and contemporary to the celebration of the marriage on the impediment or circumstance that causes the nullity, or in having contracted it under the violence of the
another contracting party or a third party.
ARTICLE 428.- Effects of the good faith of both spouses. If the annulled marriage has been contracted in good faith by both spouses, it produces all the effects of the marriage valid until the day its nullity is declared.
The final judgment dissolves the conventional or supplementary legal matrimonial regime.
If the nullity produces an economic imbalance of one of them in relation to the position of the other, articles 441 and 442 apply; the term is computed from the sentence declaring nullity.
ARTICLE 429.- Effects of the good faith of one of the spouses. If only one of the spouses is in good faith, the marriage produces all the effects of a valid marriage, but only with respect to the spouse in good faith and until the day of the sentence declaring nullity.
The nullity grants the spouse in good faith the right to:
a) request financial compensation, to the extent mentioned in articles 441 and 442; the term is computed from the sentence that declares the nullity;
b) revoke donations made to the spouse in bad faith;
c) To sue for compensation for damages to the spouse in bad faith and to the third parties who have caused the error, incurred in fraud, or exercised violence.
If the spouses had been subject to the community regime, the person in good faith can choose:
i) considering that the marriage has been governed by the property separation regime;
ii) for liquidating the assets through the application of the rules of the community regime;
iii) for requiring the demonstration of the contributions of each spouse in order to divide the assets in proportion to them as if it were a company not regularly incorporated.
ARTICLE 430.- Effects of the bad faith of both spouses. An annulled marriage contracted in bad faith by both spouses has no effect whatsoever.
Marriage conventions are without effect, without prejudice to the rights of third parties.
Assets acquired until nullity are distributed, if the contributions are credited, as if it were a company not regularly incorporated.
CHAPTER 7
Rights and duties of the spouses
ARTICLE 431.- Assistance. The spouses undertake to develop a project of life in common based on cooperation, coexistence and the moral duty of fidelity. They must assist each other.
ARTICLE 432.- Food. The spouses owe support to each other during the life together and the de facto separation. After the divorce, the maintenance allowance is only due in the cases provided for in this Code, or by agreement of the parties.
This obligation is governed by the rules relating to maintenance between relatives insofar as they are compatible.
ARTICLE 433.- Guidelines for fixing food. During the life together and the de facto separation, for the quantification of food, the following guidelines must be taken into consideration, among others:
a) work within the home, dedication to the upbringing and education of children and their ages;
b) the age and state of health of both spouses;
c) job training and the possibility of accessing a job for the person requesting food;
d) the collaboration of a spouse in the commercial, industrial or professional activities of the other spouse;
e) the judicial or factual attribution of the family home;
f) The property of the property that is the seat of that home or that of a third party. In case of being rented, if the rent is paid by one of the spouses or another person;
g) if the spouses live together, the time of the marriage;
h) if the spouses are de facto separated, the time of the matrimonial union and of the separation;
i) the financial situation of both spouses during the cohabitation and during the de facto separation.
The food law ceases if the cause that motivated it disappears, the fed spouse initiates a coexistence union, or incurs in any of the causes of indignity.
ARTICLE 434.- Food after divorce. Alimony benefits can be fixed even after divorce:
a) In favor of someone who suffers from a serious illness pre-existing to the divorce that prevents them from being self-supporting. If the obligor dies, the obligation is transferred to his heirs;
b) in favor of those who do not have sufficient own resources or a reasonable possibility of obtaining them. Sections b), c) and e) of Article 433 are taken into account. The obligation may not have a duration greater than the number of years that the marriage lasted and does not proceed in favor of the one who
receives the financial compensation of article 441.
In the two cases provided for in this article, the obligation ceases if: the cause that motivated it disappears, or if the benefited person marries or lives in a cohabiting union, or when the person being fed incurs in any of the causes of indignity.
If the divorce regulatory agreement refers to maintenance, the agreed guidelines govern.
CHAPTER 8
Dissolution of marriage
SECTION 1
Causal
ARTICLE 435.- Causes of dissolution of the marriage. The marriage is dissolved by:
a) death of one of the spouses;
b) final sentence of absence with presumption of death;
c) judicially declared divorce.
SECTION 2
Divorce process
ARTICLE 436.- Nullity of the resignation. The resignation of either spouse to the power to request divorce is null; the agreement or clause that restricts the power to request it is in writing.
ARTICLE 437.- Divorce. Legitimation. Divorce is judicially decreed at the request of both or only one of the spouses.
ARTICLE 438.- Requirements and divorce procedure. Every petition for divorce must be accompanied by a proposal that regulates the effects derived from it; the omission of the proposal prevents the petition from being processed.
If the divorce is requested by only one of the spouses, the other can offer a different regulatory proposal.
When formulating proposals, the parties must accompany the elements on which they are based; the judge may order, ex officio or at the request of the parties, that others that are deemed pertinent be incorporated. The proposals must be evaluated by the judge, having to summon the
spouses to an audience.
In no case does the disagreement in the agreement suspend the issuance of the divorce decree.
If there is disagreement about the effects of the divorce, or if the regulatory agreement manifestly harms the interests of the members of the family group, pending issues must be resolved by the judge in accordance with the procedure provided for in local law.
SECTION 3
Effects of divorce
ARTICLE 439.- Regulatory agreement. Contents. The regulatory agreement must contain questions relating to the allocation of housing, the distribution of assets, and eventual financial compensation between the spouses; to the exercise of parental responsibility, in
special, the food allowance; all provided that the factual assumptions contemplated in this Section are given, in accordance with what is established in this Title and in Title VII of this Book. The provisions of the preceding paragraph do not prevent other questions of
interests of the spouses.
ARTICLE 440.- Efficacy and modification of the regulatory agreement. The judge can demand that the obligor grant real or personal guarantees as a requirement for the approval of the agreement.
The approved agreement or the judicial decision can be reviewed if the situation has changed substantially.
ARTICLE 441.- Economic compensation. The spouse to whom the divorce produces a manifest imbalance that means a worsening of his situation and who has the marital bond and its breakdown as an appropriate cause, has the right to compensation. This may consist
in a single benefit, in an income for a specified time or, exceptionally, for an indefinite period. It can be paid with money, with the usufruct of certain assets or in any other way agreed by the parties or decided by the judge.
ARTICLE 442.- Judicial setting of financial compensation. Expiration. In the absence of an agreement by the spouses in the regulatory agreement, the judge must determine the origin and amount of the financial compensation based on various circumstances, among others:
a) the patrimonial status of each of the spouses at the beginning and at the end of married life;
b) the dedication that each spouse gave to the family and to the upbringing and education of the children during the coexistence and the dedication that must be given after the divorce;
c) the age and state of health of the spouses and children;
d) job training and the possibility of accessing a job in the. spouse requesting financial compensation;
e) the collaboration provided to the commercial, industrial or professional activities of the other spouse;
f) the attribution of the family home, and if it falls on a community asset, a property of its own, or a leased property. In the latter case, who pays the rental fee.
The action to claim financial compensation expires six months after the divorce decree has been issued.
ARTICLE 443.- Attribution of the use of the home. Guidelines. One of the spouses can request the attribution of the family home, be it the property of either spouse or community property. The judge determines the origin, the term of duration and effects of the right on the basis
of the following guidelines, among others:
a) the person to whom the care of the children is attributed;
b) the person who is in the most economically disadvantaged situation to provide himself with a dwelling by his own means;
c) the state of health and age of the spouses;
d) the interests of other people who make up the family group.
ARTICLE 444.- Effects of the attribution of the use of the family home. At the request of the interested party, the judge may establish: a compensatory income for the use of the property in favor of the spouse to whom the dwelling is not attributed; that the property is not disposed of without the agreement
express of both; that the joint property or property in the condominium of the spouses is not divided or liquidated. The decision produces effects against third parties as of its registration.
If it is a rented property, the non-tenant spouse has the right to continue in the rental until the expiration of the contract, remaining the one obligated to pay and the guarantees that were originally established in the contract.
ARTICLE 445.- Cessation. The right to attribution of the use of the family home ceases:
a) by compliance with the term set by the judge;
b) due to a change in the circumstances that were taken into account for its fixation;
c) for the same causes of indignity provided for in inheritance matters.
TITLE II
Marriage property regime
CHAPTER 1
General disposition
SECTION 1
Marriage conventions
ARTICLE 446.- Object. Before the celebration of the marriage the future spouses can make conventions that have only the following objects:
a) the designation and appraisal of the assets that each brings to the marriage;
b) the enunciation of debts;
c) donations made between them;
d) the option they make for any of the patrimonial regimes provided for in this Code.
ARTICLE 447.- Nullity of other agreements. Any agreement between the future spouses on any other object related to their estate is of no value.
ARTICLE 448.- Form. Marriage conventions must be made by public deed before the celebration of the marriage, and only produce effects from that celebration and as long as the marriage is not annulled. They can be modified before marriage,
by means of an act also granted by public deed. For the option of article 446 subsection d) to produce effects with respect to third parties, it must be marginally noted in the marriage certificate.
ARTICLE 449.- Modification of the regime. After the celebration of the marriage, the patrimonial regime can be modified by convention of the spouses. This convention can be granted after one year of application of the patrimonial, conventional or legal regime,
by public deed. For the regime change to produce effects with respect to third parties, it must be noted marginally in the marriage certificate.
Creditors prior to the change of regime who suffer damages for this reason may have them declared unenforceable within a year from the date they met him.
ARTICLE 450.- Minors. Minors legally authorized to marry may not make donations in the marriage convention or exercise the option provided in article 446 subsection d).
SECTION 2
Donations by reason of marriage
ARTICLE 451.- Applicable standards. Donations made at marriage conventions are governed by the provisions relating to the donation contract. They only take effect if the marriage is celebrated.
ARTICLE 452.- Implicit condition. Donations made by third parties to one of the bride and groom, or to both, or by one of the bride and groom to the other, in consideration of the future marriage, implicitly carry the condition that a valid marriage be celebrated.
ARTICLE 453.- Donation offer. The offer of donation made by a third party to one of the bride and groom, or to both, remains without effect if the marriage is not contracted within a year. It is presumed accepted since the marriage is celebrated, if it has not been revoked before.
SECTION 3
Provisions common to all regimes
ARTICLE 454.- Application. Non-repeatability. The provisions of this Section apply, regardless of the matrimonial regime, and unless otherwise provided in the regulations referring to a specific regime.
They are non-derogable by convention of the spouses, before or after the marriage, unless expressly provided otherwise.
ARTICLE 455.- Duty to contribute. The spouses must contribute to their own support, that of the home and that of the common children, in proportion to their resources. This obligation extends to the needs of minor children, with restricted capacity, or with
disability of one of the spouses living with them.
The spouse who does not comply with this obligation may be sued by the other to do so, and it must be considered that the work at home is computable as contribution to the burdens.
ARTICLE 456.- Acts that require assent. Neither spouse may, without the consent of the other, dispose of the rights to the family home, nor to its essential furniture, or transport them outside of it. He who has not given his assent may
demand the nullity of the act or the restitution of the furniture within the expiration period of six months after having known it, but not beyond six months after the termination of the matrimonial regime.
The family home cannot be executed for debts contracted after the celebration of the marriage, unless they have been jointly by both spouses or by one of them with the consent of the other.
ARTICLE 457.- Assent requirements. In all cases in which the consent of the spouse is required for the granting of a legal act, it must deal with the act itself and its constituent elements.
ARTICLE 458.- Judicial authorization. One of the spouses may be judicially authorized to grant an act that requires the consent of the other, if he is absent, incapable, temporarily prevented from expressing his will, or if his refusal is not justified.
for the interest of the family. The act granted with judicial authorization is opposable to the spouse without whose consent it was granted, but no personal obligation derives from him.
ARTICLE 459.- Mandate between spouses. One of the spouses may empower the other to represent him in the exercise of the faculties that the matrimonial regime attributes to him, but not to give himself assent in the cases in which article 456 applies.
revoke the power of attorney cannot be subject to limitations.
Unless otherwise agreed, the attorney-in-fact is not obliged to account for the fruits and income received.
ARTICLE 460.- Absence or impediment. If one of the spouses is absent or temporarily prevented from expressing his will, the other may be judicially authorized to represent him, either in general or for certain acts in particular, in the exercise of the powers.
resulting from the matrimonial regime, to the extent set by the judge.
In the absence of an express mandate or judicial authorization, the acts granted by one on behalf of the other are subject to the rules of the tacit mandate or business management, as the case may be.
ARTICLE 461.- Joint and several liability. The spouses are jointly liable for the obligations contracted by one of them to meet the ordinary needs of the home or the support and education of the children in accordance with the provisions of article 455.
Outside of these cases, and unless otherwise provided in the matrimonial regime, neither of the spouses is responsible for the obligations of the other.
ARTICLE 462.- Non-registrable movable things. The acts of administration and disposition for consideration of non-registrable personal property held individually by one of the spouses, executed by the spouse with third parties in good faith, are valid, except in the case of
the essential furniture of the home or objects intended for the personal use of the other spouse or the exercise of their work or profession.
In such cases, the other spouse may demand nullity within the expiration period of six months after having known the act and no later than six months after the termination of the matrimonial regime.
EPISODE 2
Community regime
SECTION 1
General disposition
ARTICLE 463.- Supplementary nature. In the absence of an option made in the marriage convention, the spouses are subject from the celebration of the marriage to the community income regime regulated in this Chapter. It cannot be stipulated that the community begins
before or after, except in the case of change of matrimonial regime provided for in article 449.
SECTION 2
Property of the spouses
ARTICLE 464.- Own assets. The property of each of the spouses is:
a) the goods of which the spouses have the property, another real right or possession at the time of the initiation of the community;
b) Those acquired during the community by inheritance, legacy or donation, even jointly by both, and except for the reward due to the community for the charges borne by it.
Those received jointly by inheritance, legacy or donation are considered their own in halves, except that the testator or the donor have designated specific parts.
Page 4
The goods received by remunerative donations are not their own, except that the services that gave rise to them had been provided before the initiation of the community. In the event that the value of the donation exceeds an equitable remuneration for the services received,
the community owes a reward to the donee for the excess;
c) Those acquired by swapping with another property of their own, through the investment of their own money, or the reinvestment of the proceeds from the sale of their own assets, without prejudice to the reward due to the community if there is a balance supported by it.
However, if the balance is higher than the value of the own contribution, the new asset is community property, without prejudice to the reward due to the owner spouse;
d) the credits or indemnities that subrogate in the patrimony of one of the spouses to another property of their own;
e) the products of own goods, with the exception of those from quarries and mines;
f) the offspring of their own cattle that replace the animals that are missing for any reason in the establishment. However, if the quality of the original livestock has been improved, the offspring are community-owned and the community owes the owner spouse a reward for the value of their own livestock.
contributed;
g) those acquired during the community, even if for consideration, if the right to incorporate them into the patrimony already existed at the time of its initiation;
h) those acquired by virtue of an act prior to the community vitiated of relative nullity, confirmed during it;
i) those originally owned by them that return to the spouse's assets due to nullity, resolution, termination or revocation of a legal act;
j) those incorporated by accession to their own things, without prejudice to the reward due to the community for the value of the improvements or acquisitions made with its money;
k) the undivided parts acquired by any title by the spouse who already owned an undivided part of an asset at the beginning of the community, or who acquired it during it as their own, as well as new values ​and other increases in values furnishings
own, without prejudice to the reward due to the community in case of having invested its assets for the acquisition;
l) Full ownership of assets whose bare ownership was acquired before the commencement of the community, if the usufruct is extinguished during it, as well as that of the assets encumbered with other real rights that are extinguished during the community, without prejudice to the right to reward yes
community property is used to extinguish the usufruct or other real rights;
m) the clothes and objects for personal use of one of the spouses, without prejudice to the reward due to the community if they are of great value and were acquired with the community's assets; and those necessary for the exercise of their work or profession, without prejudice to the reward due to the
community if they were acquired with community property;
n) Compensation for non-patrimonial consequences and for physical damage caused to the person of the spouse, except for loss of earnings corresponding to income that would have been community-based;
ñ) the right to retirement or pension, and the right to alimony, without prejudice to the community-based contributions accrued during the community and, in general, all the rights inherent to the person;
o) intellectual, artistic or industrial property, if the intellectual work has been published or interpreted for the first time, the artistic work has been completed, or the invention, trademark or industrial design has been patented or registered before the beginning of the community.
The moral right over the intellectual work is always personal to the author.
ARTICLE 465.- Community assets. They are community property:
a) Those created, acquired for consideration or started to possess during the community by one or the other of the spouses, or by both together, provided that they are not included in the enunciation of Article 464;
b) those acquired during the community by acts of chance, such as lottery, gambling, betting, or treasure finding;
c) the natural, industrial or civil fruits of the property and community assets, accrued during the community;
d) the civil fruits of the profession, work, trade or industry of one or the other spouse, accrued during the community;
e) the accrued during the community as a consequence of the right of usufruct of its own character;
f) Assets acquired after the termination of the community by swapping with another community asset, through the investment of community money, or the reinvestment of the proceeds from the sale of community assets, without prejudice to the reward due to the spouse if there is a balance supported
for their own patrimony.
However, if the balance is higher than the value of the profit contribution, the new asset is its own, without prejudice to the reward due to the community;
g) credits or indemnities that subrogate to another community asset;
h) the products of the community property, and those of the quarries and mines, extracted during the community;
i) the offspring of the joint stock that replace the animals that are missing for any reason and the offspring of the own herds that exceed the original stock;
j) those acquired after the extinction of the community, if the right to incorporate them into the patrimony had been acquired for consideration during it;
k) those acquired for onerous title during the community by virtue of a flawed act of relative nullity, confirmed after the dissolution of the community;
l) Originally community assets that return to the spouse's estate due to nullity, resolution, termination or revocation of a legal act;
m) Those incorporated by accession to community property, without prejudice to the reward due to the spouse for the value of the improvements or acquisitions made with their own assets;
n) the undivided parts acquired by any title by the spouse who was already the owner of an undivided part of a community nature of an asset upon termination of the community, without prejudice to the reward due to the spouse in case of having invested their own assets for the
acquisition;
ñ) Full ownership of assets whose bare ownership was acquired for consideration during the community, if the usufruct is consolidated after its extinction, as well as that of the goods encumbered with real rights that are extinguished after that, without prejudice to the right to
reward if own assets are used to extinguish the usufruct or other real rights.
The compensation received for the death of the other spouse, including those from an insurance contract, without prejudice, in this case, to the compensation due to the community for the premiums paid with its money, are not community-based.
ARTICLE 466.- Proof of the proprietary or property character. It is presumed, unless proven otherwise, that all assets existing at the time of the extinction of the community are joint property. Regarding third parties, the confession of the
spouses.
For the proper nature of registrable assets acquired during the community by investment or reinvestment of their own assets to be enforceable against third parties, it is necessary that in the act of acquisition this circumstance is stated, determining its origin, with the conformity of the
another spouse. In case of not being able to obtain it, or of denying it, the acquirer may request a judicial declaration of the proper character of the property, from which a marginal note must be taken in the instrument from which the acquisition title results. The acquirer can also request that
judicial declaration in case of having omitted the record in the act of acquisition.
SECTION 3
Spouses' debts
ARTICLE 467.- Responsibility. Each of the spouses responds to their creditors with all their own assets and the joint assets acquired by them.
The spouse who did not incur the debt, but only with his community property, also responds for the costs of conservation and repair of the community property.
ARTICLE 468.- Reward. The spouse whose personal debt was solved with community funds, owes a reward to the community; and it owes a reward to the spouse who paid community debts with their own funds.
SECTION 4
Property management in the community
ARTICLE 469.- Own assets. Each of the spouses has the free administration and disposition of their own property, except as provided in article 456.
ARTICLE 470.- Community assets. The administration and disposition of the community property corresponds to the spouse who has acquired it.
However, the consent of the other is necessary to alienate or encumber:
a) registrable assets;
b) Non-endorsable registered shares and non-certified shares, with the exception of those authorized for public offering, without prejudice to the application of Article 1824.
c) participations in companies not exempted in the previous paragraph;
d) commercial, industrial or agricultural establishments.
The promises of the acts included in the preceding paragraphs also require assent.
The rules of articles 456 to 459 apply to assent and to its omission.
ARTICLE 471.- Assets acquired jointly. The administration and disposition of the assets acquired jointly by the spouses corresponds jointly to both, whatever the importance of the part corresponding to each. In case of disagreement between them, the
who takes the initiative of the act may require judicial authorization under the terms of article 458.
The two previous articles apply to the undivided parts of said assets.
The condominium rules apply to things in everything not provided for in this article. If either of the spouses requests the division of a condominium, the judge of the case can deny it if it affects the family interest.
ARTICLE 472.- Absence of evidence. The assets of which neither of them can justify exclusive ownership are deemed to belong to the two spouses by undivided halves.
ARTICLE 473.- Fraud. The acts granted by one of them within the limits of their powers but with the purpose of defrauding them are unenforceable to the other spouse.
ARTICLE 474.- Administration without express mandate. If one of the spouses manages the assets of the other without an express mandate, the rules of the mandate or business management apply, as the case may be.
SECTION 5
Community extinction
ARTICLE 475.- Causes. The community is extinguished by:
a) the proven or presumed death of one of the spouses;
b) the annulment of the putative marriage;
c) divorce;
d) judicial separation of property;
e) the modification of the agreed matrimonial regime.
ARTICLE 476.- Real and presumed death. The community is extinguished by the death of one of the spouses. In the case of presumption of death, the effects of termination go back to the presumptive day of death.
ARTICLE 477.- Judicial separation of assets. The judicial separation of property can be requested by one of the spouses:
a) if the mismanagement of the other leads him to the danger of losing his eventual right to the community property;
b) if the bankruptcy or bankruptcy of the other spouse is declared;
c) if the spouses are in fact separated without the will to unite;
d) if due to the incapacity or excuse of one of the spouses, a third party is appointed curator of the other.
ARTICLE 478.- Exclusion of subrogation. The property separation action cannot be brought by the creditors of the spouse by way of subrogation.
ARTICLE 479.- Precautionary measures. In the action for judicial separation of property, the measures provided for in article 483 can be requested.
ARTICLE 480.- Time of extinction. The annulment of the marriage, the divorce or the separation of property produces the extinction of the community with retroactive effect to the day of the notification of the demand or the joint petition of the spouses.
If the de facto separation without the will to join preceded the annulment of the marriage or the divorce, the judgment is retroactive to the day of that separation.
The judge can modify the extent of the retroactive effect based on the existence of fraud or abuse of the right.
In all cases, the rights of third parties in good faith that are not free purchasers are protected.
In the case of judicial separation of property, the spouses are subject to the regime established in articles 505, 506, 507 and 508.
SECTION 6
Post-community indivision
ARTICLE 481.- Applicable rules. Once the regime is extinguished due to the death of one of the spouses, or the death occurred, while the post-community indivision subsists, the rules of hereditary indivision apply.
If it is extinguished during the lifetime of both spouses, the indivision is governed by the following articles of this Section.
ARTICLE 482.- Administration rules. If during the post-community indivision the former spouses do not agree on the rules of administration and disposition of the undivided assets, those relating to the community regime subsist, as long as they are not modified in this Section.
Each of the partners has the obligation to inform the other, with reasonable advance notice, of their intention to grant acts that go beyond the ordinary administration of undivided assets. The second can file opposition when the proposed act violates their rights.
ARTICLE 483.- Protective measures. In the event that their interests are affected, shareholders may request, in addition to the measures provided by local procedures, the following:
a) the authorization to carry out by itself an act for which the consent of the other would be necessary, if the refusal is unjustified;
b) your appointment or that of a third party as administrator of the other's estate; its performance is governed by the powers and obligations of the administration of the inheritance.
ARTICLE 484.- Use of undivided assets. Each partner can use and enjoy the undivided assets according to their destination, to the extent compatible with the rights of the other.
If there is no agreement, the exercise of this right is regulated by the judge.
The exclusive use and enjoyment of the whole thing to a greater extent or quality different from that agreed, only entitles the partner to indemnify from the reliable opposition, and for the benefit of the opponent.
ARTICLE 485.- Fruits and income. The fruits and income of the undivided assets accrue to the indivision. The co-owner who receives them must render accounts, and the one who has the exclusive use or enjoyment of any of the undivided assets owes compensation to the estate since the other
requests.
ARTICLE 486.- Liabilities. In relations with third-party creditors, during post-community indivision, the rules of articles 461, 462 and 467 apply without prejudice to their right to subrogate the rights of their debtor to request the partition of the common mass.
ARTICLE 487.- Effects against creditors. The dissolution of the regime cannot prejudice the rights of the previous creditors on the integrality of the patrimony of its debtor.
SECTION 7
Community liquidation
ARTICLE 488.- Rewards. Once the community is extinguished, it is liquidated. To this end, the account of the rewards that the community owes to each spouse and the one that each owes to the community is established, according to the rules of the following articles.
ARTICLE 489.- Charges of the community. They are in charge of the community:
a) The obligations contracted during the community, not provided for in the following article;
b) the support of the home, of the common children and of those that each one has, and the maintenance that each one is obliged to give;
c) Donations of community property made to common children, and even that of their own property if they are intended for their establishment or placement;
d) the costs of conservation and repair of property and community property.
ARTICLE 490.- Personal obligations. The personal obligations of the spouses are:
a) those contracted before the beginning of the community;
b) those that tax the inheritances, bequests or donations received by one of the spouses;
c) those contracted to acquire or improve their own assets;
d) those resulting from personal or real guarantees given by one of the spouses to a third party, without deriving any benefit for the joint property;
e) those derived from non-contractual liability and legal sanctions.
ARTICLE 491.- Cases of rewards. The community owes reward to the spouse if it has benefited to the detriment of its own patrimony, and the spouse to the community if it has benefited to the detriment of the assets of the community.
If during the community one of the spouses has disposed of their own assets for consideration without reinvesting their price, it is presumed, unless proven otherwise, that what they received has benefited the community.
If the own character participation of one of the spouses in a partnership acquires a greater value because of the capitalization of profits during the community, the partner spouse owes a reward to the community. This solution is applicable to goodwill.
ARTICLE 492.- Evidence. The proof of the right to a reward is the responsibility of the person who invokes it, and can be done by any means of proof.
ARTICLE 493.- Amount. The amount of the reward is equal to the lower of the values ​that represent the expenditure and the remaining profit for the spouse or for the community, on the day of its extinction, appreciated in constant values. If no benefit was derived from the disbursement,
take into account its value.
ARTICLE 494.- Valuation of the rewards. The assets that give rise to rewards are valued according to their status on the day of dissolution of the regime and according to their value at the time of liquidation.
ARTICLE 495.- Liquidation. Once the balance of the rewards owed by each of the spouses to the community and by the latter to the community has been made, the balance in favor of the community must be collated to the common mass, and the balance in favor of the spouse must be attributed to the latter on the
common mass.
In case of insufficiency of the marital property, in the partition a credit is attributed to one spouse against the other.
SECTION 8
Community partition
ARTICLE 496.- Right to request it. Once the community has been dissolved, the partition can be requested at any time, except for a legal provision to the contrary.
ARTICLE 497.- Partible mass. The common mass is integrated with the sum of the liquid marital assets of both spouses.
ARTICLE 498.- Division. The common mass is divided equally between the spouses, without regard to the amount of their own property or the contribution of each to the acquisition of the community property. If it occurs due to the death of one of the spouses, the heirs receive their
part on half of the property that would have corresponded to the deceased. If all stakeholders are fully capable, the freely agreed convention applies.
ARTICLE 499.- Preferential Attribution. One of the spouses may request the preferential attribution of the goods protected by intellectual or artistic property, of the fixed assets related to their professional activity, of the commercial, industrial or commercial establishment.
farm acquired or formed by him that constitutes an economic unit, and the house occupied by him at the time of the extinction of the community, even if they exceed his part in it, with the charge of paying the difference in money to the other spouse or his heirs . Taking into account
Under the circumstances, the judge may grant time limits for payment if he offers sufficient guarantees.
ARTICLE 500.- Form of the partition. The inventory and division of assets are made in the manner prescribed for the partition of inheritances.
ARTICLE 501.- Expenses. The expenses resulting from the inventory and division of the community assets are in charge of the spouses, or the survivor and the heirs of the pre-deceased, in proportion to their participation in the assets.
ARTICLE 502.- Responsibility after the partition for previous debts. After the partition, each of the spouses responds to their creditors for the debts previously contracted with their own property and the portion of the joint assets that was awarded to them.
ARTICLE 503.- Liquidation of two or more communities. When the liquidation of two or more communities contracted by the same person is executed simultaneously, all kinds of tests are admitted, in the absence of inventories, to determine the participation of each one. In case of
doubt, the assets are attributed to each one of the communities in proportion to the time of their duration.
ARTICLE 504.- Bigamy. In the case of bigamy and good faith of the second spouse, the first is entitled to half of the joint property until the dissolution of his marriage, and the second to half the joint property formed by him and the bigamist until notification of the claim. from
nullity.
CHAPTER 3
Separation of property regime
ARTICLE 505.- Management of assets. In the separation of property regime, each of the spouses retains the free administration and disposal of their personal property, except as provided in article 456.
Each of them is liable for the debts contracted by him, except as provided in article 461.
ARTICLE 506.- Proof of ownership. Both with respect to the other spouse and third parties, each of the spouses can demonstrate exclusive ownership of an asset by all means of proof. The goods whose exclusive ownership cannot be demonstrated, it is presumed that
they belong to both spouses in halves.
Demanded by one of the spouses the division of a condominium between them, the judge can deny it if it affects the family interest.
ARTICLE 507.- Cessation of the regime. The separation of property ceases due to the dissolution of the marriage and the modification of the regime agreed between the spouses.
ARTICLE 508.- Dissolution of the marriage. Dissolved the marriage, in the absence of an agreement between the separate spouses of property or their heirs, the partition of undivided property is made in the manner prescribed for the partition of inheritances.
TITLE III
Coexistence unions
CHAPTER 1
Constitution and proof
ARTICLE 509.- Scope of application. The provisions of this Title apply to the union based on affective relationships of a singular, public, notorious, stable and permanent nature of two people who live together and share a common life project, whether of the same or different
sex.
ARTICLE 510.- Requirements. The recognition of the legal effects provided by this Title to coexistence unions requires that:
a) both members are of legal age;
b) are not united by kinship ties in a straight line in all degrees, or collateral up to the second degree;
c) are not linked by kinship ties by affinity in a straight line;
d) they do not have an impediment of ligament or another coexistence is registered simultaneously;
e) maintain coexistence for a period not less than two years.
ARTICLE 511.- Registration. The existence of the coexistence union, its extinction and the pacts that the members of the couple have entered into, are registered in the registry that corresponds to the local jurisdiction, only for evidentiary purposes.
A new registration of a coexistence union does not proceed without the prior cancellation of the pre-existing one.
The registration of the existence of the coexistence union must be requested by both members.
ARTICLE 512.- Proof of the convivial union. The convivial union can be accredited by any means of proof; registration in the Register of Coexistence Unions is sufficient proof of its existence.
EPISODE 2
Coexistence pacts
ARTICLE 513.- Autonomy of the will of the cohabitants. The provisions of this Title are applicable unless otherwise agreed by the cohabitants. This agreement must be made in writing and cannot invalidate the provisions of articles 519, 520, 521 and 522.
ARTICLE 514.- Content of the coexistence agreement. Coexistence agreements can regulate, among other issues:

a) Contribution to household burdens during life together;
b) the attribution of the common home, in case of rupture;
c) the division of the assets obtained by common effort, in the event of a breakdown of coexistence.
ARTICLE 515.- Limits. Coexistence pacts cannot be contrary to public order, nor the principle of equality of coexistence partners, nor affect the fundamental rights of any of the members of the coexistence union.
ARTICLE 516.-. Modification, termination and termination. The pacts can be modified and rescinded by agreement of both partners.
The cessation of coexistence extinguishes the agreements of full right towards the future.
ARTICLE 517.- Moments from which effects occur with respect to third parties. The agreements, their modification and termination are enforceable against third parties from their registration in the registry provided for in article 511 and in the registries that correspond to the goods included.
in these pacts.
The extinguishing effects of the cessation of coexistence are enforceable against third parties since any instrument that confirms the break was entered in those records.
CHAPTER 3
Effects of cohabitation unions during cohabitation
ARTICLE 518.- Patrimonial relations. The economic relations between the members of the union are governed by what is stipulated in the coexistence pact.
In the absence of an agreement, each member of the union freely exercises the powers of administration and disposition of the assets of their ownership, with the restriction regulated in this Title for the protection of the family home and the essential furniture found in it.
ARTICLE 519.- Assistance. Cohabitants should be assisted during the coexistence.
ARTICLE 520.- Contribution to household expenses. Cohabitants are obliged to contribute to household expenses in accordance with the provisions of article 455.
ARTICLE 521.- Liability for debts against third parties. The cohabitants are jointly and severally liable for the debts that one of them has contracted with third parties in accordance with the provisions of article 461.
ARTICLE 522.- Protection of the family home. If the coexistence union has been registered, neither of the cohabitants can, without the consent of the other, dispose of the rights over the family home, or the essential furniture of it, or transport them outside the home.
The judge may authorize the disposal of the property if it is expendable and the family interest is not compromised.
If there is no such authorization, the person who has not given his assent can demand the nullity of the act within the expiration period of six months after having known it, and provided that the coexistence continues.
The family home cannot be enforced for debts contracted after the registration of the cohabiting union, unless they have been contracted by both partners or by one of them with the consent of the other.
CHAPTER 4
Cessation of coexistence. Effects edit
ARTICLE 523.- Causes of the cessation of the coexistence union. The convivial union ceases:
a) due to the death of one of the partners;
b) by the final sentence of absence with presumption of death of one of the partners;
c) by marriage or new coexistence union of one of its members;
d) by the marriage of the cohabitants;
e) by mutual agreement;
f) by unilateral will of one of the cohabitants, reliably notified to the other;
g) by the cessation of the coexistence maintained. The interruption of coexistence does not imply its termination if it is due to work or other similar reasons, as long as the will to live in common remains.
ARTICLE 524.- Financial compensation. Once the cohabitation has ceased, the cohabitant who suffers a manifest imbalance that means a worsening of their economic situation with adequate cause in the coexistence and its breakdown, has the right to compensation. This can
consist of a single benefit or an income for a specified time that cannot be longer than the duration of the coexistence union.
It can be paid with money, with the usufruct of certain assets or in any other way that the parties agree or, failing that, the judge decides.
ARTICLE 525.- Judicial setting of financial compensation. Expiration. The judge determines the origin and amount of the financial compensation based on various circumstances, among others:
a) the patrimonial status of each of the partners at the beginning and at the end of the union;
b) the dedication that each cohabitant gave to the family and to the upbringing and education of the children and the dedication that must be given after the termination;
c) the age and health status of the partners and children;
d) job training and the possibility of accessing a job for the partner requesting financial compensation;
e) the collaboration provided to the commercial, industrial or professional activities of the other partner;
f) the attribution of the family home.
The action to claim financial compensation expires six months after any of the causes of termination of coexistence listed in article 523 have occurred.
ARTICLE 526.- Attribution of the use of the family home. The use of the property that was the seat of the cohabiting union can be attributed to one of the cohabitants in the following cases:
a) If you are in charge of the care of minor children, with restricted capacity, or with disabilities;
b) if it proves the extreme need for a home and the impossibility of procuring it immediately.
The judge must set the term of attribution, which may not exceed two years from the moment the cohabitation was terminated, in accordance with the provisions of article 523.
At the request of the interested party, the judge may establish: a compensatory income for the use of the property in favor of the partner to whom the home is not attributed; that the property is not disposed of during the term provided without the express agreement of both; that the property in
The condominium of the cohabitants is not split or liquidated. The decision produces effects against third parties as of its registration.
If it is a rented property, the non-tenant cohabitant has the right to continue in the location until the expiration of the contract, remaining obliged to pay and the guarantees that were originally constituted in the contract.
The right of attribution ceases in the same cases provided for in article 445.
ARTICLE 527.- Attribution of the home in the event of the death of one of the cohabitants. The surviving cohabitant who lacks their own habitable home or sufficient assets to ensure access to it, can invoke the real right of free room for a maximum period of time.
of two years on the property owned by the deceased who constituted the last family home and that at the opening of the succession was not in condominium with other people.
This right is unenforceable to the creditors of the deceased.
It is extinguished if the surviving partner constitutes a new coexistence union, marries, or acquires a habitable home of his own or sufficient assets to access it.
ARTICLE 528.- Distribution of the goods. In the absence of an agreement, the assets acquired during the coexistence are kept in the patrimony to which they entered, without prejudice to the application of the general principles related to enrichment without cause, the interposition of persons and other
that may correspond.
TITLE IV
Relationship
CHAPTER 1
General disposition
ARTICLE 529.- Concept and terminology. Kinship is the legal bond between people due to nature, assisted human reproduction techniques, adoption and affinity.
The provisions of this Code that refer to kinship without distinction apply only to kinship by nature, by assisted human reproduction methods and by adoption, whether in a straight line or collateral.
ARTICLE 530.- Elements of the computation. The proximity of kinship is established by lines and degrees.
ARTICLE 531.- Degree. Line. Trunk. Is named:
a) degree, the bond between two people who belong to successive generations;
b) line, to the uninterrupted series of degrees;
c) trunk, the ascendant from which two or more lines start;
d) branch, to the line in relation to its origin.
ARTICLE 532.- Classes of lines. A straight line is called the one that joins the ascendants and descendants; and a collateral line to which it joins the descendants of a common trunk.
ARTICLE 533.- Computation of kinship. In the straight line there are as many degrees as there are generations. In the collateral, the degrees are counted by generations, adding the number of degrees in each branch between each of the people whose relationship is to be computed and the
common ancestor.
ARTICLE 534.- Bilateral and unilateral brothers. Bilateral siblings are those with the same parents. Unilateral brothers are those who come from the same ancestor in the first degree, differing in the other.
ARTICLE 535.- Kinship by adoption. In full adoption, the adoptee acquires the same kinship that a child of the adopter would have with all of the latter's relatives.
Simple adoption only creates a kinship bond between the adoptee and the adopter.
In both cases, the relationship is created within the limits determined by this Code and the judicial decision that provides for the adoption.
ARTICLE 536.- Kinship by affinity. Calculation. Exclusion. The kinship by affinity is the one that exists between the married person and the relatives of their spouse.
It is computed by the number of degrees in which the spouse is with respect to those relatives.
Kinship by affinity does not create any legal bond between the relatives of one of the spouses and the relatives of the other.
EPISODE 2
Duties and rights of relatives
SECTION 1
Food
ARTICLE 537.- Enumeration. Relatives owe support in the following order:
a) ascendants and descendants. Among them, the closest in degree are required preferably;
b) bilateral and unilateral brothers.
In either case, the food is owed by those best able to provide it. If two or more of them are in a position to do so, they are obligated in equal parts, but the judge can set different quotas, depending on the amount of the assets and
family responsibilities of each obligee.
ARTICLE 538.- Relatives by affinity. Among the relatives by affinity, only those that are related in a straight line in the first degree are owed.
ARTICLE 539.- Prohibitions. The obligation to provide maintenance cannot be compensated, nor can the right to claim or receive it, be the object of any transaction, waiver, assignment, lien or embargo. The amount paid for food is not repeatable.
ARTICLE 540.- Food accrued and not received. Alimony benefits accrued and not received can be offset, waived or transferred for consideration or free of charge.
ARTICLE 541.- Content of the maintenance obligation. The provision of food includes what is necessary for subsistence, room, clothing and medical assistance, corresponding to the condition of the recipient, to the extent of their needs and possibilities.
cost of the obligor. If the person being fed is a minor, he / she also understands what is necessary for education.
ARTICLE 542.- Mode of compliance. The benefit is fulfilled by means of the payment of an income in money, but the obligor may request that he be authorized to solve it in another way, if he justifies sufficient reasons.
Payments must be made monthly, in advance and successively but, depending on the circumstances, the judge may set fees for shorter periods.
ARTICLE 543.- Process. The petition for alimony is processed through the shortest process established by local law, and does not accumulate with another claim.
ARTICLE 544.- Provisional food. From the beginning of the case or during it, the judge can order the provision of provisional maintenance, and also the expenses of the lawsuit, if the lack of means is justified.
ARTICLE 545.- Evidence. The relative who asks for food must prove that he lacks sufficient financial means and the impossibility of acquiring it with his work, whatever the cause that has generated such state.
ARTICLE 546.- Existence of other obligated parties. The defendant has the burden of proving that there is another relative of a closer degree or of the same degree in a condition to provide them, in order to be displaced or to concur with him in the provision. If several obligated parties are claimed, the
The defendant can summon all or part of the rest to trial, in order for the sentence to reach them.
ARTICLE 547.- Resources. The appeal against the sentence that decrees the provision of maintenance does not have suspensive effect, nor can the person who receives the maintenance be obliged to provide any bond or guarantee to return what was received if the sentence is revoked.
ARTICLE 548.- Retroactivity of the sentence. Alimony is owed from the day of filing the claim or from the interpellation to the obligor through reliable means, provided that the claim is presented within six months of the interpellation.
ARTICLE 549.- Repetition. In the event that there is more than one obligated to pay the maintenance, whoever has provided them may repeat the other obligated ones, in proportion to what corresponds to each one.
ARTICLE 550.- Precautionary measures. Precautionary measures may be ordered to ensure the payment of future, provisional, definitive or agreed maintenance. The obligee may offer other sufficient guarantees in substitution.
ARTICLE 551.- Breach of court orders. Anyone who does not comply with the court order to deposit the amount that he should have deducted from his dependent or any other creditor is jointly and severally liable for the payment of the maintenance debt.
ARTICLE 552.- Interests. The sums owed for food due to non-compliance within the foreseen term accrue an interest rate equivalent to the highest that banks charge their clients, according to the Central Bank regulations, to which is added the one that the judge fixes according to
the circumstances of the case.
ARTICLE 553.- Other measures to ensure compliance. The judge may impose reasonable measures on the person responsible for the repeated breach of the maintenance obligation to ensure the effectiveness of the sentence.
ARTICLE 554.- Cessation of the maintenance obligation. The maintenance obligation ceases:
a) if the person being fed incurs any cause of indignity;
b) by the death of the obligated party or the person being served;
c) when the budgets of the obligation disappear.
The claim to cease, increase or reduce food is processed by the shortest procedure provided by local law.
SECTION 2
Right of communication
ARTICLE 555.- Legitimized. Opposition. Those who are in charge of caring for minors, with restricted capacity, or sick or disabled, must allow them to communicate with their ascendants, descendants, bilateral or unilateral siblings, and
relatives by affinity in the first degree. If opposition based on possible damage to the mental or physical health of the interested parties is deduced, the judge must resolve what corresponds by the shortest procedure provided by local law and establish, where appropriate, the regime of
more convenient communication according to the circumstances.
ARTICLE 556.- Other beneficiaries. The provisions of article 555 are applied in favor of those who justify a legitimate affective interest.
ARTICLE 557.- Measures to ensure compliance. The judge may impose on the person responsible for the repeated breach of the communication regime established by a judgment or approved agreement reasonable measures to ensure its effectiveness.
TITLE V
Filiation
CHAPTER 1
General disposition
ARTICLE 558.- Sources of filiation. Equality of effects. Affiliation can take place by nature, through assisted human reproduction techniques, or by adoption.
Filiation by full adoption, by nature or by techniques of assisted human reproduction, matrimonial and extramarital, have the same effects, in accordance with the provisions of this Code.
No person may have more than two affiliate ties, regardless of the nature of the affiliation.
ARTICLE 559.- Birth certificate. The Registry of Civil Status and Capacity of Persons should only issue birth certificates that are drawn up in such a way that it does not result from them whether or not the person was born during the marriage, by techniques of
assisted human reproduction, or has been adopted.
EPISODE 2
General rules regarding filiation by assisted human reproductive techniques
ARTICLE 560.- Consent in assisted human reproduction techniques. The intervening health center must obtain the prior, informed and free consent of the people who undergo the use of assisted human reproduction techniques. This consent
it must be renewed each time gametes or embryos are used.
ARTICLE 561.- Form and requirements of consent. The instrumentation of said consent must contain the requirements provided for in the special provisions, for subsequent protocolization before a notary public or certification before the health authority
corresponding to the jurisdiction. The consent is freely revocable as long as the conception in the person or the implantation of the embryo has not occurred.
ARTICLE 562.- Procreation will. Those born by assisted human reproduction techniques are the children of the person who gave birth and of the man or woman who has also given their prior, informed and free consent in the terms of articles 560 and 561, duly
registered in the Registry of Civil Status and Capacity of People, regardless of who has contributed the gametes.
ARTICLE 563.- Right to information of people born by assisted reproduction techniques. The information relating to the fact that the person was born by the use of assisted human reproduction techniques with gametes from a third party must be included in the corresponding file
basis for birth registration.
ARTICLE 564.- Content of the information. At the request of people born through assisted human reproductive techniques, you can:
a) Obtain information on the donor's medical data from the intervening health center, when it is relevant to health;
b) reveal the identity of the donor, for duly founded reasons, evaluated by the judicial authority by the shortest procedure provided by local law.
CHAPTER 3
Determination of maternity
ARTICLE 565.- General principle. In filiation by nature, motherhood is established with proof of birth and the identity of the born.
Registration must be made at the request of the person presenting a certificate from the doctor, obstetrician or health agent, if applicable, who attended the delivery of the woman to whom the maternity of the child is attributed. This registration must be notified to the mother, unless she is the one who
requests or that the person who reports the birth is his / her spouse.
If the certificate mentioned in the preceding paragraph is lacking, the registration of maternity by nature must be carried out in accordance with the provisions contained in the ordinances relating to the Registry of Civil Status and Capacity of Persons.
CHAPTER 4
Determination of marital affiliation
ARTICLE 566.- Presumption of filiation. Except for proof to the contrary, children of the spouse are presumed to be those born after the celebration of the marriage and up to three hundred days after the filing of the petition for divorce or nullity of the marriage, of the
separation in fact or death.
The presumption does not apply in cases of assisted human reproduction techniques if the spouse did not provide the corresponding prior, informed and free consent as provided in Chapter 2 of this Title.
ARTICLE 567.- Special situation in the de facto separation. Even if the presumption of filiation is lacking due to the de facto separation of the spouses, the child must be registered as their child if the consent of both concurs, whether the child was born by nature or
through the use of assisted human reproduction techniques. In the latter case, and regardless of who contributed the gametes, the prior, informed and free consent and other requirements set forth in the special law must also have been met.
ARTICLE 568.- Successive marriages. If there are successive marriages of the woman who gives birth, it is presumed that the child born within three hundred days of the dissolution or cancellation of the first and within one hundred and eighty days of the celebration of the second, has a filial bond
with the first spouse; and that the person born within three hundred days of the dissolution or cancellation of the first and after one hundred and eighty days of the celebration of the second has a filial relationship with the second spouse.
These presumptions admit evidence to the contrary.
ARTICLE 569.- Forms of determination. Marital affiliation is legally determined and it is proven:
a) by the registration of the birth in the Registry of Civil Status and Capacity of Persons and by proof of marriage, in accordance with the respective legal provisions;
b) by final judgment in filiation trial;
c) in the cases of assisted human reproduction techniques, by prior, informed and free consent duly registered in the Registry of Civil Status and Capacity of Persons.
CHAPTER 5
Determination of extramarital affiliation
ARTICLE 570.- General principle. The extramarital affiliation is determined by the recognition, by the prior, informed and free consent to the use of assisted human reproduction techniques, or by the judgment in the filiation trial that declares it such.
ARTICLE 571.- Forms of recognition. Paternity by recognition of the child results:
a) of the statement made before the official of the Registry of Civil Status and Capacity of Persons on the occasion of registering the birth or later;
b) of the declaration made in a duly recognized public or private instrument;
c) of the provisions contained in acts of last will, even if the recognition is made incidentally.
ARTICLE 572.- Notification of recognition. The Registry of Civil Status and Capacity of Persons must notify the recognition to the mother and child or their legal representative.
ARTICLE 573.- Characters of recognition. The recognition is irrevocable, it cannot be subject to modalities that alter its legal consequences, nor does it require acceptance of the child.
The recognition of the already deceased son does not attribute rights in his succession to the person who formulates it, nor to the other ascendants of his branch, unless there has been possession of the status of a son.
ARTICLE 574.- Recognition of the unborn child. It is possible to recognize the unborn child, remaining subject to the birth alive.
ARTICLE 575.- Determination of assisted human reproduction techniques. In the cases of assisted human reproduction techniques, the determination of the parentage is derived from the prior, informed and free consent, given in accordance with the provisions of this
Code and in the special law.
When third-party gametes are used in the reproductive process, no legal link is generated with them, except for the purposes of matrimonial impediments under the same terms as full adoption.
CHAPTER 6
Affiliation actions.
General disposition
ARTICLE 576.- Characters. The right to claim the affiliation or to challenge it is not extinguished by prescription or by express or tacit waiver, but the economic rights already acquired are subject to prescription.
ARTICLE 577.- Inadmissibility of the claim. It is not admissible to challenge the marital or extramarital affiliation of children born through the use of assisted human reproduction techniques when there has been prior, informed and free consent to said
techniques, in accordance with this Code and the special law, regardless of who contributed the gametes. It is not admissible the recognition or the exercise of filiation action or any claim of filial relationship with respect to it.
ARTICLE 578.- Consequence of the general rule of double affiliate link. If a filiation is claimed that it is important to cancel a previously established one, the corresponding challenge action must be exercised before or simultaneously.
ARTICLE 579.- Genetic test. In filiation actions, all kinds of tests are admitted, including genetic ones, which can be ordered ex officio or at the request of a party.
Given the impossibility of carrying out the genetic test to any of the parties, the studies can be carried out with genetic material of the relatives by nature up to the second degree; the closest ones should be prioritized.
If none of these alternatives is possible, the judge values ​the refusal as a serious indication contrary to the position of the reluctant.
ARTICLE 580.- Post mortem genetic test. In the event of the death of the presumed father, the test can be carried out on genetic material from the latter's two natural parents.
Given the refusal or impossibility of one of them, the exhumation of the corpse can be authorized.
The judge can choose between these possibilities depending on the circumstances of the case.
ARTICLE 581.- Competition. When filiation actions are exercised by minors or with restricted capacity, the judge of the place where the actor has his center of life or that of the defendant's domicile is competent, at the option of the actor.
CHAPTER 7
Affiliation claim actions
ARTICLE 582.- General rules. The child can claim his marital affiliation against his parents if it does not result from the registration in the Registry of Civil Status and Capacity of Persons. The action must be brought against the spouses jointly.
The child can also claim his extramarital affiliation against those he considers his parents.
In the event of the death of one of the parents, the action is directed against their heirs.
These actions can be promoted by the child at all times. His heirs can continue the action initiated by him or bring it if the child had died at a minor age or was incapable. If the child dies before a year has elapsed since he reached the
greater age or full capacity, or during the first year following the discovery of the evidence on which the claim is to be based, their action corresponds to their heirs for the entire time remaining to complete said terms.
This provision does not apply in cases of assisted human reproduction techniques when prior, informed and free consent has been given, regardless of who contributed the gametes.
ARTICLE 583.- Claim in cases of filiation in which only maternity is determined. In all cases in which a boy or girl appears registered only with maternal affiliation, the Civil Registry must notify the Public Ministry, which must seek the
determination of paternity and recognition of the child by the alleged father. For these purposes, the mother should be urged to supply the name of the alleged father and any information that contributes to his identification and whereabouts. The statement on the identity of the alleged
father must be done under oath; Previously, the mother is made aware of the legal consequences derived from a false statement.
Before sending the communication to the Public Ministry, the head or official of the Civil Registry must summon the mother and inform her about the rights of the child and the corresponding maternal duties, in accordance with the provisions of the special law. Once this stage has been completed, the actions
they refer to the Public Ministry to promote judicial action.
ARTICLE 584.- Possession of state. Possession of status duly accredited in court has the same value as recognition, provided that it is not disproved by evidence to the contrary on the genetic link.
ARTICLE 585.- Coexistence. The coexistence of the mother during the time of conception presumes the filial bond in favor of her partner, except for founded opposition.
ARTICLE 586.-. Temporary food. During the filiation claim process or even before it begins, the judge may establish provisional maintenance against the presumed parent, in accordance with the provisions of Title VII of the Second Book.
ARTICLE 587.- Reparation of the damage caused. The damage caused to the child due to the lack of recognition is repairable, meeting the requirements set forth in Chapter 1 of Title V of Book Three of this Code.
CHAPTER 8
Affiliation challenge actions
ARTICLE 588.- Contest of maternity. In the cases of determination of maternity in accordance with the provisions of article 565, the filial bond may be challenged because the woman is not the mother of the child who passes through her. This challenge action can be
filed by the child, the mother, the spouse and any third party that invokes a legitimate interest.
The action expires if a year elapses from the registration of the birth or since the substitution or uncertainty about the identity of the child became known. The child can initiate the action at any time.
In cases of parentage by assisted human reproduction techniques, the lack of genetic link cannot be invoked to challenge maternity, if prior, informed and free consent has been obtained.
ARTICLE 589.- Challenge of filiation presumed by law. The spouse of the person who gives birth may challenge the filial bond of the children born during the marriage or within three hundred days after the filing of the petition for divorce or annulment, of the
separation in fact or death, through the allegation of not being able to be the parent, or that the parentage presumed by law should not be reasonably maintained in accordance with the evidence that contradicts it or in the interest of the child. To prove this circumstance, you can
To use all means of proof, but the sole statement of the one who gave birth is not enough.
This provision does not apply in cases of assisted human reproduction techniques when prior, informed and free consent has been given, regardless of who contributed the gametes.
ARTICLE 590.- Challenge of filiation presumed by law. Legitimation and expiration. The action to challenge the filiation of the spouse of the person who gives birth may be exercised by him or her, by the child, by the mother and by any third party that invokes a legitimate interest.
The child can initiate the action at any time. For the other legitimates, the action expires if one year has elapsed from the registration of the birth or since it became known that the child could not be the child of whom the law presumes.
In the event of the death of the legitimated asset, his heirs may challenge the filiation if the death occurred before the expiration date established in this article has elapsed. In this case, the action expires for them once the term that began to run in life has expired.
of the legitimized.
ARTICLE 591.- Action for denial of affiliation presumed by law. The spouse of the woman giving birth may judicially deny the filial bond of the child born within one hundred and eighty days following the celebration of the marriage. The action expires if one year elapses
since the birth registration or since it was known that the child could not be the child of whom the law presumes.
If it is proven that the spouse had knowledge of the pregnancy of his wife at the time of the celebration of the marriage or there was possession of the status of a child, the denial must be rejected. In any case, the action to challenge the affiliation authorized by the
previous articles.
This provision does not apply in cases of assisted human reproduction techniques when prior, informed and free consent has been given, regardless of who contributed the gametes.
ARTICLE 592.- Preventive challenge of affiliation presumed by law. Even before the birth of the child, the spouse may preventively contest the filiation of the unborn person.
This action can also be exercised by the mother and by any third party who invokes a legitimate interest.
The registration of the subsequent birth does not presume the filiation of the spouse of the person giving birth if the action is accepted.
This provision does not apply in cases of assisted human reproduction techniques when prior, informed and free consent has been given, regardless of who contributed the gametes.
ARTICLE 593.- Challenge to recognition. The recognition of children born out of wedlock can be challenged by the children themselves or by third parties who invoke a legitimate interest. The child can challenge the recognition at any time. Others
Interested parties can exercise the action within a year of having known the act of recognition or since it was known that the child could not be the child.
This provision does not apply in cases of assisted human reproduction techniques when prior, informed and free consent has been given, regardless of who contributed the gametes.
TITLE VI
Adoption
CHAPTER 1
General disposition
ARTICLE 594.- Concept. Adoption is a legal institution that aims to protect the right of children and adolescents to live and develop in a family that provides them with care aimed at satisfying their emotional and material needs, when they do not provide them.
they can be provided by your family of origin.
Adoption is granted only by court ruling and places the adoptee in the status of a child, in accordance with the provisions of this Code.
ARTICLE 595.- General principles. The adoption is governed by the following principles:
a) the best interests of the child;
b) respect for the right to identity;
c) the exhaustion of the possibilities of permanence in the family of origin or extended;
d) the preservation of fraternal ties, prioritizing the adoption of groups of siblings in the same adoptive family or, failing that, the maintenance of legal ties between the siblings, except for duly founded reasons;
e) the right to know the origins;
f) the right of the boy, girl or adolescent to be heard and to have their opinion taken into account according to their age and degree of maturity, being mandatory to require their consent from the age of ten.
ARTICLE 596.- Right to know the origins. The adopted person with sufficient age and degree of maturity has the right to know the data related to their origin and can access, when required, the judicial and administrative file in which their adoption was processed and another
information contained in judicial or administrative records.
If the person is a minor, the judge may order the intervention of the technical team of the court, the protection body or the registry of adopters to provide collaboration. The adopting family can request advice from the same organizations.
The judicial and administrative file must contain as much information as possible on the identity of the child and his / her family of origin referring to that origin, including those related to communicable diseases.
The adopters must expressly undertake to make their origins known to the adoptee, with that statement being recorded in the file.
In addition to the right to access the files, the adolescent adoptee is empowered to initiate an autonomous action in order to find out their origins. In this case, you must have legal assistance.
ARTICLE 597.- People who can be adopted. Non-emancipated minors declared in a situation of adoptability or whose parents have been deprived of parental responsibility can be adopted.
Exceptionally, the person of legal age can be adopted when:
a) in the case of the child of the spouse or partner of the person who intends to adopt;
b) there was possession of the status of a child while he was a minor, reliably proven.
ARTICLE 598.- Plurality of adoptees. Several people can be adopted, simultaneously or successively.
The existence of descendants of the adopter does not prevent the adoption. In this case, they must be heard by the judge, assessing their opinion in accordance with their age and degree of maturity.
All the adoptive and biological children of the same adopter are considered siblings to each other.
ARTICLE 599.- People who can be adopters. The boy, girl or adolescent can be adopted by a married couple, by both members of a coexistence union or by a single person.
Every adopter must be at least sixteen years older than the adoptee, except when the spouse or partner adopts the child of the other spouse or partner.
In the event of the death of the adopter (s) or other cause of extinction of the adoption, a new adoption may be granted on the minor person.
ARTICLE 600.- Term of residence in the country and registration. Can adopt the person who:
a) permanently resides in the country for a minimum period of five years prior to the request for custody for adoption purposes; This period is not required for people of Argentine nationality or naturalized in the country;
b) is registered in the adopters registry.
ARTICLE 601.- Restrictions. You cannot adopt:
a) Whoever has not reached twenty-five years of age, except that his spouse or partner who adopts jointly meets this requirement;
b) the ascendant to his descendant;
c) a brother to his brother or to his unilateral brother.
ARTICLE 602.- General rule of adoption by married people or in a coexistence union. People who are married or in a common-law union can adopt only if they do so jointly.
ARTICLE 603.- Unipersonal adoption by married people or in a coexistence union. Adoption by married people or in a common-law union can be sole proprietorship if:
a) the spouse or partner has been declared incapable or of restricted capacity, and the sentence prevents him from giving valid consent to this act.
In this case, the Public Ministry and the conservator or support must be heard and, if he is the intended adopter, a conservator or support ad litem must be appointed;
b) the spouses are de facto separated.
ARTICLE 604.- Joint adoption of divorced persons or the coexistence union ceased. People who, during the marriage or coexistence union, maintained the status of a mother or father with a minor, can adopt it jointly even after the
divorce or termination of the union. The judge must especially assess the incidence of the rupture when weighing the best interests of the child.
ARTICLE 605.- Joint adoption and death of one of the guardians. When the custody for the adoption of the child or adolescent had been granted during the marriage or coexistence union and the legal period is completed after the death of one of the
spouses or partners, the judge can grant the adoption to the survivor and generate legal ties of filiation with both members of the couple.
In this case, the adoptee bears the last name of the adopter, except that based on the right to identity, it is requested to add or prepend the surname of origin or the surname of the deceased guardian.
ARTICLE 606.- Adoption by guardian. The guardian can only adopt his ward once the obligations arising from the guardianship have expired.
EPISODE 2
Judicial declaration of the adoptability situation
ARTICLE 607.- Assumptions. The judicial declaration of the adoptability situation is issued if:
a) a boy, girl or adolescent has no established parentage or their parents have died, and the search for relatives of origin by the competent administrative body has been exhausted within a maximum period of thirty days, extendable for an equal period only for reasons founded;
b) the parents made the free and informed decision that the child be adopted. This manifestation is valid only if it occurs after forty-five days after the birth;
c) The exceptional measures aimed at ensuring that the child or adolescent remains in his or her family of origin or extended, have not been successful within a maximum period of one hundred and eighty days. Once the maximum term has expired without reversing the causes that motivated the measure, the agency
The administrative office for the protection of the rights of the child or adolescent who made the decision must immediately rule on the situation of adoptability. Said opinion must be communicated to the intervening judge within a period of twenty-four hours.
The judicial declaration of the adoptability situation cannot be issued if a relative or affective reference of the child or adolescent offers to assume their custody or guardianship and such request is considered appropriate to the interest of the latter.
The judge must decide on the adoptability situation within a maximum period of ninety days.
ARTICLE 608.- Subjects of the procedure. The procedure that concludes with the judicial declaration of the adoptability situation requires the intervention:
a) as part of the boy, girl or adolescent, if he is of sufficient age and degree of maturity, who appears with legal assistance;
b) as a party, of the parents or other legal representatives of the child or adolescent;
c) of the administrative body that participated in the extrajudicial stage;
d) of the Public Ministry.
The judge can also listen to relatives and other emotional references.
ARTICLE 609.- Rules of procedure. The following rules apply to the procedure to obtain the judicial declaration of the adoptability situation:
a) processes before the judge who exercised control of the legality of the exceptional measures;
b) a personal interview by the judge with the parents, if any, and with the child or adolescent whose adoptability status is being processed is mandatory;
c) The judgment must provide that the file (s) selected by the registry of adopters and the corresponding administrative body be sent to the intervening judge within a period of no more than ten days, in order to proceed to immediately start the process of
saved for adoption purposes.
ARTICLE 610.- Equivalence. The sentence of deprivation of parental responsibility is equivalent to the judicial declaration in a situation of adoptability.
CHAPTER 3
Save for adoption purposes
ARTICLE 611.- Guard in fact. Prohibition. The direct delivery of children and adolescents by public deed or administrative act is expressly prohibited, as well as the direct delivery of custody granted by any of the parents or others.
relatives of the child.
The transgression of the prohibition enables the judge to separate the child temporarily or definitively from his alleged guardian, unless it is judicially proven that the choice of the parents is based on the existence of a kinship bond between them and the alleged guardian (s).
child keepers.
Neither the factual custody, nor the assumptions of judicial custody or delegation of the exercise of parental responsibility should be considered for the purposes of adoption.
ARTICLE 612.- Competition. Guardianship for adoption purposes must be immediately discerned by the judge who issues the sentence declaring the situation of adoptability.
ARTICLE 613.- Election of the guardian and intervention of the administrative body. The judge who declared the adoptability situation selects the presumed adopters from the payroll sent by the adoptive registry. For these purposes, or for other activities that you consider
pertinent, summons the administrative authority that intervened in the process of the declaration in a situation of adoptability, a body that can also appear spontaneously.
For the selection, and in order to ensure in a permanent and satisfactory way the full development of the child or adolescent, one must take into account, among other guidelines: the personal conditions, ages and aptitudes of the intended adopters; your suitability to fulfill
with the functions of care, education; their motivations and expectations regarding the adoption; the respect assumed for the right to identity and origin of the child or adolescent.
The judge must summon the child or adolescent whose opinion must be taken into account according to their age and degree of maturity.
ARTICLE 614.- Guardianship sentence for adoption purposes. Once the measures provided in article 613 have been fulfilled, the judge dictates the custody sentence for the purpose of adoption. The term of custody can not exceed six months.
CHAPTER 4
Adoption trial
ARTICLE 615.- Competition. The competent judge is the one who granted custody for the purpose of adoption, or at the choice of the presumed adopters, that of the place where the child has his or her center of life if the transfer was taken into consideration in that decision.
ARTICLE 616.- Beginning of the adoption process. Once the custody period has expired, the intervening judge, ex officio or at the request of a party or the administrative authority, begins the adoption process.
ARTICLE 617.- Rules of procedure. The following rules apply to the adoption process:
a) the adopting petitioners and the adopted petition are part; if he is of sufficient age and degree of maturity, he must appear with legal aid;
b) the judge must personally hear the claim adopted and take into account his opinion according to his age and degree of maturity;
c) the Public Ministry and the administrative body must intervene;
d) the claim adopted over the age of ten must give express consent;
e) the hearings are private and the file is reserved.
ARTICLE 618.- Temporal effect of the sentence. The sentence granting the adoption has retroactive effect to the date of the sentence granting custody for adoption purposes, except when it comes to the adoption of the child of the spouse or partner, whose effects go back to
the date of promotion of the adoption action.
CHAPTER 5
Types of adoption
SECTION 1
General disposition
ARTICLE 619.- Enumeration. This Code recognizes three types of adoption:
a) full;
b) simple;
c) integration.
ARTICLE 620.- Concept. Full adoption confers on the adoptee the status of a child and extinguishes the legal ties with the family of origin, with the exception that marital impediments remain. The adoptee has the same rights in the adoptive family and
obligations of every child.
Simple adoption confers the status of a child on the adoptee, but does not create legal ties with the relatives or with the spouse of the adopter, except as provided in this Code.
Integration adoption is configured when the child of the spouse or partner is adopted and generates the effects provided in Section 4 of this Chapter.
ARTICLE 621.- Judicial powers. The judge grants full or simple adoption according to the circumstances and fundamentally attending to the best interests of the child.
When it is more convenient for the child or adolescent, at the request of the party and for well-founded reasons, the judge may maintain the legal bond with one or more relatives of the family of origin in full adoption, and create a legal bond with one or several relatives of
the adopter's family in simple adoption. In this case, the legal regime of the succession, nor of parental responsibility, nor of the matrimonial impediments regulated in this Code for each type of adoption is not modified.
ARTICLE 622.- Conversion. At the request of a party and for well-founded reasons, the judge can convert a simple adoption into a full one.
The conversion takes effect from the moment the sentence is final and for the future.
ARTICLE 623.- Prenname of the adoptee. The first name of the adoptee must be respected. Exceptionally and for reasons based on the prohibitions established in the rules for the prename in general or on the use of a prename with which the adoptee feels
identified, the judge can order the modification of the prename in the sense that is requested.
SECTION 2
Full adoption
ARTICLE 624.- Irrevocability. Other effects Full adoption is irrevocable.
The filiation action of the adoptee against his parents or recognition are admissible only for the purposes of enabling the adoptee's maintenance and inheritance rights, without altering the other effects of the adoption.
ARTICLE 625.- Guidelines for the granting of full adoption. Full adoption should be granted, preferably, in the case of children or adolescents orphaned by a father and mother who do not have established parentage.
Full adoption can also be granted in the following cases:
a) when the child or adolescent has been declared in a situation of adoptability;
b) when they are children of parents deprived of parental responsibility;
c) when the parents have expressed before the judge their free and informed decision to give their child up for adoption.
ARTICLE 626.- Surname. The surname of the child by full adoption is governed by the following rules:
a) in the case of a single-person adoption, the adopted child bears the last name of the adopter; If the adopter has a double surname, he can request that it be kept;
b) in the case of a joint adoption, the general rules regarding the surname of the matrimonial children apply;
c) exceptionally, and based on the right to identity of the adoptee, at the request of the interested party, it may be requested to add or precede the surname of origin to the surname of the adopter or to that of one of them if the adoption is joint;
d) In all cases, if the adoptee is of sufficient age and maturity, the judge must especially value his or her opinion.
SECTION 3
Simple adoption
ARTICLE 627.- Effects. Simple adoption produces the following effects:
a) As a rule, the rights and duties that result from the bond of origin are not extinguished by adoption; however, ownership and exercise of parental responsibility are transferred to the adopters;
b) the family of origin has the right to communicate with the adoptee, unless it is contrary to the best interests of the child;
c) the adoptee retains the right to claim maintenance from his family of origin when the adopters cannot provide it;
d) The adoptee who is of sufficient age and degree of maturity, or the adopters, may request that the surname of origin be maintained, either by adding or placing the last name of the adopter or one of them; In the absence of express request, simple adoption is governed by the same
rules of full adoption;
e) the inheritance law is governed by the provisions of the Fifth Book.

ARTICLE 628.- Affiliation or recognition action after adoption. After the simple adoption has been agreed, the exercise by the adoptee of the filiation action against his parents, and the recognition of the adoptee, is admitted.
None of these situations should alter the effects of the adoption established in article 627.
ARTICLE 629.- Revocation. Simple adoption is revocable:
a) for having incurred the adoptee or the adopter in the causes of indignity provided for in this Code;
b) by justified request of the adoptee of legal age;
Page 5
c) by agreement of the adopter and adoptee of legal age declared by the court.
The revocation extinguishes the adoption from the moment the sentence is final and for the future.
Once the adoption is revoked, the adoptee loses the last name of adoption. However, based on the right to identity, it can be authorized by the judge to keep it.
SECTION 4
Integration adoption
ARTICLE 630.- Effects between the adoptee and his parent of origin. Integration adoption always maintains the filial bond and all its effects between the adoptee and his parent of origin, spouse or partner of the adopter.
ARTICLE 631.- Effects between the adoptee and the adopter. The adoption of integration produces the following effects between the adoptee and the adopter:
a) If the adoptee has only one filial bond of origin, he / she is inserted in the family of the adopter with the effects of full adoption; the rules relating to the ownership and exercise of parental responsibility apply to the relationships between the parent of origin, the adopter and the adoptee;
b) If the adoptee has a double affiliate link of origin, the provisions of article 621 apply.
ARTICLE 632.- Applicable rules. In addition to what is regulated in the general provisions, the adoption of integration is governed by the following rules:
a) the parents of origin must be heard, except for duly founded serious causes;
b) the adopter does not need to be previously registered in the adoptive registry;
c) the prohibitions on de facto custody do not apply;
d) no judicial declaration of the adoptability situation is required;
e) no prior custody is required for adoption purposes;
f) The requirement that emotional and material needs cannot be provided by their family of origin in accordance with the provisions of Article 594 does not apply.
ARTICLE 633.- Revocation. The adoption of integration is revocable for the same reasons provided for the simple adoption, whether it has been granted in full or simple.
CHAPTER 6
Nullity and registration
ARTICLE 634.- Absolute nullities. The adoption obtained in violation of the provisions referring to:
a) the age of the adoptee;
b) the age difference between adopter and adoptee;
c) the adoption that had an unlawful act as a necessary precedent, including the alleged or apparent abandonment of the minor resulting from the commission of a crime of which the minor or his / her parents had been the victim;
d) simultaneous adoption by more than one person, except that the adopters are spouses or cohabiting partner;
e) the adoption of descendants;
f) the adoption of brother and brother unilateral among themselves;
g) the judicial declaration of the adoptability situation;
h) the registration and approval of the adoptive registry;
i) the lack of consent of the child over ten years of age, at the exclusive request of the adoptee.
ARTICLE 635.- Relative nullity. The adoption obtained in violation of the provisions referring to:
a) the minimum age of the adopter;
b) vices of consent;
c) the right of the child or adolescent to be heard, at the exclusive request of the adoptee.
ARTICLE 636.- Supplementary rules. In what is not regulated by this Chapter, nullities are governed by the provisions of Chapter 9 of Title IV of Book One.
ARTICLE 637.- Registration. The adoption, its revocation, conversion and nullity must be registered in the Registry of Civil Status and Capacity of Persons.
TITLE VII
Parental responsibility
CHAPTER 1
General principles of parental responsibility
ARTICLE 638.- Parental responsibility. Concept. Parental responsibility is the set of duties and rights that correspond to the parents over the person and property of the child, for their protection, development and comprehensive training while they are a minor and there is no
emancipated.
ARTICLE 639.- General principles. Enumeration. Parental responsibility is governed by the following principles:
a) the best interests of the child;
b) the progressive autonomy of the child according to his psychophysical characteristics, aptitudes and development. With greater autonomy, the representation of parents in the exercise of children's rights decreases;
c) the right of the child to be heard and to have his opinion taken into account according to his age and degree of maturity.
ARTICLE 640.- Legal figures derived from parental responsibility. This Code regulates:
a) ownership and exercise of parental responsibility;
b) the personal care of the child by the parents;
c) the custody granted by the judge to a third party.
EPISODE 2
Ownership and exercise of parental responsibility
ARTICLE 641.- Exercise of parental responsibility. The exercise of parental responsibility corresponds:
a) in case of coexistence with both parents, to them. It is presumed that the acts carried out by one have the agreement of the other, with the exception of the cases contemplated in article 645, or that there is express opposition;
b) in case of cessation of coexistence, divorce or marriage annulment, to both parents. It is presumed that the acts carried out by one have the agreement of the other, with the exceptions of the previous paragraph. By the will of the parents or by judicial decision, in the interest
of the son, the exercise can be attributed to only one of them, or establish different modalities;
c) in the event of death, absence with presumption of death, deprivation of parental responsibility or suspension of the exercise of one parent, the other;
d) in the case of extramarital children with only one filial relationship, to the only parent;
e) in case of extramarital child with double filial bond, if one was established by judicial declaration, to the other parent. In the interest of the child, the parents by mutual agreement or the judge can decide the joint exercise or establish different modalities.
ARTICLE 642.- Disagreement. In case of disagreement between the parents, any of them can go to the competent judge, who must resolve by the shortest procedure established by local law, after hearing the parents with the intervention of the Public Ministry.
If the disagreements are repeated or there is any other cause that seriously hinders the exercise of parental responsibility, the judge may attribute it totally or partially to one of the parents, or distribute their functions among them, for a period that cannot exceed
two years. The judge can also order interdisciplinary intervention measures and submit discrepancies to mediation.
ARTICLE 643.- Delegation of the exercise. In the interest of the child and for sufficiently justified reasons, the parents may agree that the exercise of parental responsibility be granted to a relative, without prejudice to the provisions of article 674. The agreement with the
The person who accepts the delegation must be judicially approved, and the child must necessarily be heard. It has a maximum term of one year, and may be judicially renewed for duly founded reasons, for a further period with the participation of the parties involved. The
Parents retain ownership of parental responsibility, and maintain the right to supervise the upbringing and education of the child according to their possibilities.
The same regime is applicable to the child who only has an established filial bond.
ARTICLE 644.- Adolescent parents. Adolescent parents, whether or not they are married, exercise parental responsibility for their children, being able to decide and carry out the tasks necessary for their care, education and health by themselves.
People who exercise parental responsibility for an adolescent parent who has a child under their care can oppose the performance of acts that are detrimental to the child; They can also intervene when the parent fails to perform the necessary actions
to preserve its proper development.
The consent of the adolescent parent must be integrated with the consent of any of their own parents if they are transcendent acts for the child's life, such as the free and informed decision of their adoption, surgical interventions that endanger their
life, or other acts that may seriously harm your rights. In case of conflict, the judge must decide through the shortest procedure provided by local law.
The full capacity of one of the parents does not modify this regime.
ARTICLE 645.- Acts that require the consent of both parents. If the child has a double filial bond, the express consent of both parents is required for the following cases:
a) authorize adolescent children between the ages of sixteen and eighteen to marry;
b) authorize him to enter religious communities, armed forces or security;
c) authorize him to leave the Republic or to change his permanent residence abroad;
d) authorize him to stand trial, in cases where he cannot act on his own;
e) administering the assets of the children, unless the administration has been delegated in accordance with the provisions of this Chapter.
In all these cases, if one of the parents does not give their consent or half inability to provide it, the judge must decide with the family interest in mind.
When the act involves adolescent children, their express consent is necessary.
CHAPTER 3
Duties and rights of parents. General rules.
ARTICLE 646.- Enumeration. The parents' duties are:
a) take care of the child, live with him, lend him food and educate him;
b) consider the specific needs of the child according to their psychophysical characteristics, aptitudes and maturational development;
c) respect the right of the child and adolescent to be heard and to participate in their educational process, as well as in everything related to their very personal rights;
d) provide guidance and direction to the child for the exercise and effectiveness of their rights;
e) respect and facilitate the child's right to maintain personal relationships with grandparents, other relatives or people with whom they have an emotional bond;
f) represent him and manage the son's estate.
ARTICLE 647.- Prohibition of mistreatment. State aid. Corporal punishment in any of its forms, mistreatment and any act that physically or mentally injures or undermines children or adolescents is prohibited.
Parents can request the help of guidance services provided by State agencies.
CHAPTER 4
Duties and rights regarding the care of children
ARTICLE 648.- Personal care. Personal care is called the duties and powers of the parents related to the daily life of the child.
ARTICLE 649.- Classes. When the parents do not live together, the personal care of the child can be assumed by one parent or by both.
ARTICLE 650.- Modalities of shared personal care. Shared personal care can be alternate or indistinct. In alternate care, the child spends periods of time with each of the parents, according to the organization and possibilities of the family. In the
Indistinctly, the child resides mainly in the home of one of the parents, but both share the decisions and the tasks related to their care are distributed equally.
ARTICLE 651.- General rules. At the request of one or both parents or ex officio, the judge must grant, as a first alternative, the shared care of the child with the indistinct modality, unless it is not possible or is detrimental to the child.
ARTICLE 652.- Right and duty of communication. In the case of care attributed to one of the parents, the other has the right and duty of fluid communication with the child.
ARTICLE 653.- Unilateral personal care. Duty of collaboration. In the exceptional case in which the personal care of the child must be unipersonal, the judge must weigh:
a) the priority of the parent who facilitates the right to maintain regular contact with the other;
b) the child's age;
c) the opinion of the child;
d) the maintenance of the existing situation and respect for the child's life center.
The other parent has the right and duty of collaboration with the partner.
ARTICLE 654.- Duty to inform. Each parent must inform the other about education, health and other issues related to the person and property of the child.
ARTICLE 655.- Parenting plan. Parents can submit a parenting plan related to the care of the child, containing:
a) place and time in which the child remains with each parent;
b) responsibilities that each one assumes;
c) vacation regime, holidays and other significant dates for the family;
d) relationship and communication regime with the child when he resides with the other parent.
The proposed parenting plan can be modified by the parents depending on the needs of the family group and the child in their different stages.
Parents must ensure the child's participation in the parenting plan and its modification.
ARTICLE 656.- Non-existence of an approved parenting plan. If there is no agreement or the plan has not been approved, the judge must set the childcare regime and prioritize the indistinct shared modality, except that for well-founded reasons it is more beneficial to
one-person or alternate care. Any decision regarding personal care of the child must be based on specific behaviors of the parent that may harm the well-being of the child or adolescent, and discrimination based on sex or sexual orientation is not admissible.
religion, political or ideological preferences or any other condition.
ARTICLE 657.- Granting of guardianship to a relative. In especially serious cases, the judge may grant custody to a relative for a period of one year, extendable for justified reasons for another equal period. After the deadline, the judge must resolve the child's situation,
girl or adolescent through other figures that are regulated in this Code.
The guardian has the personal care of the child or adolescent and is empowered to make decisions related to the activities of daily life, without prejudice to the fact that parental responsibility remains in the head of the parent (s), who retain the rights and
responsibilities arising from this ownership and exercise.
CHAPTER 5
Duties and rights of parents. Maintenance obligation
ARTICLE 658.- General rule. Both parents have the obligation and the right to raise their children, feed them and educate them according to their condition and fortune, even if the personal care is in charge of one of them.
The obligation to provide maintenance to the children extends to the age of twenty-one, unless the obligor proves that the child of legal age has sufficient resources to provide it himself.
ARTICLE 659.- Content. The maintenance obligation includes the satisfaction of the children's needs for maintenance, education, recreation, clothing, housing, assistance, sickness expenses and the expenses necessary to acquire a profession or trade. The
Alimony is made up of monetary or in-kind benefits and is proportional to the economic possibilities of the obligated persons and the needs of the fed.
ARTICLE 660.- Personal care tasks. The daily tasks carried out by the parent who has assumed the personal care of the child have an economic value and constitute a contribution to their maintenance.
ARTICLE 661.- Legitimation. The parent who fails to provide maintenance can be sued for:
a) the other parent on behalf of the child;
b) the child with a sufficient degree of maturity with legal assistance;
c) subsidiarily, any of the relatives or the Public Ministry.
ARTICLE 662.- Child of legal age. The parent who lives with the adult child has standing to obtain the other's contribution until the child reaches the age of twenty-one. You can start the food trial or, where appropriate, continue the process promoted during the minority
of age of the child so that the judge determines the quota that corresponds to the other parent. You have the right to collect and manage the accrued maintenance fees.
The parties by common agreement, or the judge, at the request of one of the parents or the child, may fix a sum that the child must receive directly from the non-living parent. Such sum, administered by the son, is destined to cover the expenses of his daily life, such as
recreation, expenses for cultural or educational purposes, clothing or other items deemed pertinent.
ARTICLE 663.- Eldest son who is trained. The obligation of the parents to provide resources to the child subsists until he reaches the age of twenty-five years, if the pursuit of studies or professional preparation of an art or trade, prevents him from providing the necessary means
to stand independently.
They can be requested by the child or by the parent with whom they live; the viability of the order must be accredited.
ARTICLE 664.- Unrecognized son. The unrecognized extramarital child has the right to provisional maintenance by means of the summary accreditation of the invoked bond. If the claim is filed before the filiation trial, in the resolution that determines provisional maintenance the
The judge must establish a term to promote said action, under the warning of ceasing the fixed quota while that charge is unfulfilled.
ARTICLE 665.- Pregnant woman. The pregnant woman has the right to claim maintenance from the presumed parent with summary proof of the alleged parentage.
ARTICLE 666.- Shared personal care. In the case of shared personal care, if both parents have equal resources, each must take care of the support when the child remains in their care; if the parents' resources are not
equivalent, the one with the highest income must pass a food quota to the other so that the child enjoys the same standard of living in both households. Common expenses must be paid by both parents, in accordance with the provisions of article 658.
ARTICLE 667.- Child outside the country or far from his parents. The child who does not live with his parents, who is in a foreign country or in a remote place within the Republic, and has a need for resources for food or other urgent items, may be
authorized by the judge of the place or by the diplomatic representation of the Republic, as the case may be, to contract debts that satisfy their needs. If you are a teenager, you do not need any authorization; only the consent of the responsible adult, in accordance with the legislation
applicable.
ARTICLE 668.- Claim to ascendants. The maintenance of the ascendants can be claimed in the same process in which the parents are sued or in a different process; In addition to the provisions of the kinship title, the difficulties of the relationship must be credibly proven.
actor to receive the maintenance of the obligated parent.
ARTICLE 669.- Unpaid maintenance. The maintenance is due from the day of the demand or from the day of the interpellation of the obligor through reliable means, provided that the demand is filed within six months of the interpellation.
For the previous period, the parent who took care of the child has the right to reimbursement of what was spent in the part that corresponds to the non-living parent.
ARTICLE 670.- Measures in the event of non-compliance. The provisions of this Code relating to non-compliance with maintenance between relatives are applicable to maintenance between parents and children.
CHAPTER 6
Children's duties
ARTICLE 671.- Enumeration. The duties of the children are:
a) respect their parents;
b) comply with the parents' decisions that are not contrary to their best interests;
c) To provide the parents with collaboration appropriate to their age and development and to take care of them or other ascendants in all the circumstances of life in which their help is necessary.
CHAPTER 7
Duties and rights of parents and related children
ARTICLE 672.- Related parent. The related parent is the spouse or partner who lives with who is responsible for the personal care of the child or adolescent.
ARTICLE 673.- Duties of the related parent. The spouse or partner of a parent must cooperate in the upbringing and education of the other's children, carry out the daily acts related to their training in the domestic sphere and make decisions in emergency situations. On
In the event of disagreement between the parent and their spouse or partner, the parent's criteria prevail.
This collaboration does not affect the rights of the holders of parental responsibility.
ARTICLE 674.- Delegation to the related parent. The parent in charge of the child can delegate to his spouse or partner the exercise of parental responsibility when he is not in a position to fulfill the function fully due to reasons of travel, illness or disability
temporary, and whenever there is an impossibility for its performance by the other parent, or it is not convenient for the latter to assume its exercise.
This delegation requires judicial approval, unless the other parent expresses his agreement in a reliable way.
ARTICLE 675.- Joint exercise with the related parent. In the event of the death, absence or disability of the parent, the other parent can assume said exercise jointly with their spouse or partner.
This agreement between the parent in exercise of parental responsibility and their spouse or partner must be judicially approved. In case of conflict, the opinion of the parent prevails.
This exercise is extinguished with the breakdown of the marriage or the coexistence union. It is also extinguished with the recovery of the full capacity of the parent who was not in the exercise of parental responsibility.
ARTICLE 676.- Food. The maintenance obligation of the spouse or partner with respect to the children of the other is subsidiary. This duty ceases in cases of dissolution of the conjugal bond or breakdown of coexistence. However, if the change in situation may cause
serious damage to the child or adolescent and the spouse or partner assumed during the life together the support of the other's child, a temporary assistance fee may be set, the duration of which must be defined by the judge according to the conditions of fortune of the obligor,
the needs of the fed and the time of coexistence.
CHAPTER 8
Representation, disposition and administration of the assets of the minor child
ARTICLE 677.- Representation. Parents can be on trial for their child as actors or defendants.
It is presumed that the adolescent child has sufficient autonomy to intervene in a process jointly with the parents, or autonomously with legal assistance.
ARTICLE 678.- Opposition to the trial. If one or both parents oppose the adolescent child to initiate a civil action against a third party, the judge may authorize him to intervene in the process with due legal assistance, after hearing the opponent and the Public Ministry.
ARTICLE 679.- Trial against the parents. The minor child can claim their parents for their own interests without prior judicial authorization, if they have the age and sufficient degree of maturity and legal assistance.
ARTICLE 680.- Adolescent child in trial. The adolescent son does not need authorization from his parents to stand trial when he is criminally accused, or to recognize children.
ARTICLE 681.- Contracts for services of the child under sixteen years of age. A child under the age of sixteen cannot exercise trade, profession or industry, nor compel his person in any other way without the authorization of his parents; In any case, the provisions of
this Code and special laws.
ARTICLE 682.- Contracts for services of the son over sixteen years of age. Parents cannot make contracts for services to be provided by their adolescent child or to learn a trade without their consent and in accordance with the requirements provided by law.
specials.
ARTICLE 683.- Presumption of authorization for a child over sixteen years of age. It is presumed that the child over sixteen years of age who exercises some job, profession or industry, is authorized by his parents for all acts and contracts concerning employment, profession or
industry. In any case, the provisions of this Code and the special regulations referring to child labor must be complied with.
The rights and obligations that arise from these acts fall only on the assets whose administration is in charge of the child himself.
ARTICLE 684.- Small-value contracts. Small contracts for daily life entered into by the child are presumed to have been made with the consent of the parents.
ARTICLE 685.- Administration of assets. The administration of the child's assets is exercised jointly by the parents when both are in exercise of parental responsibility. Conservatory acts can be granted indistinctly by any of the
parents.
This provision applies regardless of whether the care is one-person or shared.
ARTICLE 686.- Exceptions to the administration. The following assets of the administration are excepted:
a) Those acquired by the child through work, employment, profession or industry, which are administered by the child, even if they live with their parents;
b) those inherited by the child due to the unworthiness of their parents;
c) Those acquired by inheritance, legacy or donation, when the donor or testator has expressly excluded the administration of the parents.
ARTICLE 687.- Voluntary appointment of administrator. Parents can agree that one of them administers the child's assets; in that case, the managing parent needs the express consent of the other for all acts that also require authorization.
judicial.
ARTICLE 688.- Disagreements. In the event of serious or persistent disagreements regarding the administration of the assets, either parent may appeal to the judge to appoint one of them or, failing that, a suitable third party to perform the function.
ARTICLE 689.- Prohibited contracts. Parents cannot make any contract with the child who is under their responsibility, except as provided for free donations provided for in article 1549.
They cannot, even with judicial authorization, buy by themselves or through an intermediary, their child's assets or become assignees of credits, rights or actions against their child; nor make a private partition with his son of the inheritance of the deceased parent, nor of the inheritance in
that they are joint heirs or colleagues with him; nor bind their child as guarantors of them or of third parties.
ARTICLE 690.- Contracts with third parties. Parents may enter into contracts with third parties on behalf of their child within the limits of their administration. They must inform the child that he is of sufficient age and degree of maturity.
ARTICLE 691.- Lease contracts. The lease of property of the child made by the parents implies the condition of being extinguished when the parental responsibility ends.
ARTICLE 692.- Acts that need judicial authorization. Judicial authorization is required to dispose of the child's assets. Acts carried out without authorization can be declared void if they harm the child.
ARTICLE 693.- Obligation to carry out an inventory. In the three months following the death of one of the parents, the survivor must make a judicial inventory of the assets of the spouses or partners, and determine in it the assets that correspond to the child,
under pain of a pecuniary fine to be fixed by the judge at the request of the interested party.
ARTICLE 694.- Loss of administration. The parents lose the administration of the child's assets when it is ruinous, or their ineptitude to administer them is proven. The judge can declare the loss of administration in cases of insolvency or bankruptcy of the parent
who manages the son's assets.
ARTICLE 695.- Administration and deprivation of parental responsibility. Parents lose the administration of the child's assets when they are deprived of parental responsibility.
ARTICLE 696.- Removal of the administration. Removed one of the parents from the administration of the assets, this corresponds to the other. If both are removed, the judge must appoint a special guardian.
ARTICLE 697.- Income. The income from the son's property corresponds to him. Parents are obliged to preserve them, taking care that they are not confused with their own assets. They can only dispose of the income from the child's assets with judicial authorization and for reasons
founded, for the benefit of the children. The parents can render accounts at the request of the child, presuming their maturity.
ARTICLE 698.- Use of income. The parents can use the income from the child's assets without judicial authorization but with the obligation to render accounts, when it comes to paying the following expenses:
a) of subsistence and education of the child when the parents cannot assume this responsibility at their expense due to disability or economic difficulty;
b) illness of the child and of the person who has established the child as heir;
c) of conservation of capital, accrued during the minority of the child.
CHAPTER 9
Extinction, deprivation, suspension and rehabilitation of parental responsibility
ARTICLE 699.- Extinction of ownership. The ownership of parental responsibility is extinguished by:
a) death of the parent or child;
b) profession of the parent in a monastic institute;
c) the child reaches the age of majority;
d) emancipation, except as provided in article 644;
e) adoption of the child by a third party, without prejudice to the possibility of its being restored in the event of revocation and invalidity of the adoption; extinction does not occur when the child of the spouse or partner is adopted.
ARTICLE 700.- Deprivation. Either parent is deprived of parental responsibility for:
a) be convicted as the author, co-author, instigator or accomplice of a malicious crime against the person or property of the child in question;
b) abandonment of the child, leaving it in a total state of vulnerability, even when it remains under the care of the other parent or the custody of a third party;
c) endanger the safety, physical or mental health of the child;
d) the status of adoptability of the child has been declared.
In the cases provided for in sections a), b) and c), the deprivation takes effect from the sentence declaring the deprivation; in the case provided for in subsection d) since the child's adoptability status was declared.
ARTICLE 701.- Rehabilitation. The deprivation of parental responsibility can be annulled by the judge if the parents, or one of them, shows that the restitution is justified in the benefit and interest of the child.
ARTICLE 702.- Suspension of the exercise. The exercise of parental responsibility is suspended for the duration:
a) the declaration of absence with presumption of death;
b) the term of the sentence to confinement and imprisonment for more than three years;
c) the declaration by final judgment of the limitation of capacity for serious mental health reasons that prevent the parent from doing so;
d) the coexistence of the child with a third party, separated from their parents for serious reasons, in accordance with the provisions of special laws.
ARTICLE 703.- Cases of deprivation or suspension of exercise. If one of the parents is deprived of parental responsibility or suspended in its exercise, the other continues to exercise it. Failing that, the corresponding processes for guardianship or adoption are initiated,
depending on the situation, and always in the benefit and interest of the child or adolescent.
ARTICLE 704.- Subsistence of the food duty. The maintenance payable by the parents subsist during the deprivation and suspension of the exercise of parental responsibility.
TITLE VIII
Family processes
CHAPTER 1
General disposition
ARTICLE 705.- Scope of application. The provisions of this title are applicable to family proceedings, without prejudice to what the law provides in specific cases.
ARTICLE 706.- General principles of family proceedings. The process in family matters must respect the principles of effective judicial protection, immediacy, good faith and procedural loyalty, officiousness, orality and limited access to the file.
a) The rules governing the procedure must be applied in such a way as to facilitate access to justice, especially in the case of vulnerable people, and the peaceful resolution of conflicts.
b) The judges before whom these cases are processed must be specialized and have multidisciplinary support.
c) The decision made in a process involving children or adolescents must take into account the best interests of those people.
ARTICLE 707.- Participation in the process of persons with restricted capacity and of children and adolescents. Older people with restricted capacity and children and adolescents have the right to be heard in all processes that directly affect them. His
Opinion must be taken into account and valued according to their degree of discernment and the issue debated in the process.
ARTICLE 708.- Limited access to the file. Access to the file in family proceedings is limited to the parties, their representatives and lawyers and the assistants designated in the process.
In the event that the proceedings are offered as evidence before another court, their remission must be ordered if the purpose of the request justifies it and its reservation is guaranteed.
ARTICLE 709.- Principle of officiousness. In family proceedings, the procedural impulse is in charge of the judge, who can order evidence informally.
The informal impulse does not proceed in matters of an exclusively economic nature in which the parties are capable persons.
ARTICLE 710.- Principles relating to the test. Family proceedings are governed by the principles of freedom, breadth and flexibility of the test. Ultimately, the burden of proof falls on who is best able to prove.
ARTICLE 711.- Witnesses. Relatives and close associates of the parties may be offered as witnesses.
However, depending on the circumstances, the judge is empowered not to admit the testimony of minors, or relatives who refuse to testify for well-founded reasons.
EPISODE 2
Family Status Actions
ARTICLE 712.- Irrenunciability and imprescriptibility. Family estate actions are inalienable and imprescriptible, without prejudice to their termination in the manner and in the cases established by law.
The patrimonial rights that are a consequence of the family status are subject to prescription.
ARTICLE 713.- Personal inherence. The actions of family status are of personal inherence and cannot be exercised by means of subrogation. They are only transmitted due to death in cases where the law establishes it.
ARTICLE 714.- Expiration of the action for annulment of the marriage due to the death of one of the spouses. The action for the annulment of the marriage cannot be brought after the death of one of the spouses, except that:
a) is deducted by a spouse against the next marriage contracted by his spouse; If the nullity of the plaintiff spouse's marriage is opposed, this opposition must be previously resolved;
b) is deducted by the surviving spouse of the one who contracted marriage mediating an impediment of ligament and has been celebrated ignoring the subsistence of the previous bond;
c) is necessary to determine the right of the plaintiff and the absolute nullity is invoked by descendants or ascendants.
The action of nullity of marriage deducted by the Public Ministry can only be promoted while both spouses are alive.
ARTICLE 715.- Judgment of nullity. No marriage can be considered void without a sentence that annuls it, issued in a process promoted by a legitimate party to do so.
CHAPTER 3
Competition rules
ARTICLE 716.- Processes related to the rights of boys, girls and adolescents. In the processes related to parental responsibility, guardianship, care, communication regime, food, adoption and others that decide in a main way or that modify what is resolved in another
jurisdiction of the national territory over the rights of children and adolescents, the judge of the place where the minor has his or her center of life is competent.
ARTICLE 717.- Processes of divorce and nullity of marriage. In divorce or annulment actions, those related to them and those that deal with the effects of the sentence, the judge of the last marital domicile or that of the defendant at the choice of the actor, or that of anyone, is competent.
of the spouses if the filing is joint.
If the bankruptcy of one of the spouses has been declared, in the liquidation of the patrimonial regime of the marriage the judge of the collective process is competent.
ARTICLE 718.- Coexistence unions. In conflicts derived from coexistence unions, the judge of the last coexistence domicile or that of the defendant at the option of the actor is competent,
ARTICLE 719.- Food and compensatory pensions between spouses or partners. In actions for alimony or compensatory pensions between spouses or partners, the judge of the last marital or joint residence, or that of the beneficiary's domicile, is competent,
or that of the defendant, or that where the maintenance obligation must be fulfilled, at the option of the actor.
ARTICLE 720.- Filiation action. In the filiation action, unless the actor is a minor or with restricted capacity, the judge of the defendant's domicile is competent.
CHAPTER 4
Provisional measures
ARTICLE 721.- Provisional measures relating to persons in divorce and nullity of marriage. Once the action for annulment or divorce has been deducted, or earlier in case of urgency, the judge may take the provisional measures necessary to regulate the personal relationships between
spouses and children during the process.
You can especially:
a) determine, taking into account the family interest, which of the spouses must continue to use the family home and, after inventory, what assets the spouse who leaves the property removes;
b) if applicable, establish the income for the exclusive use of the dwelling by one of the spouses;
c) order the delivery of objects for personal use;
d) provide a diet and exercise and care for children in accordance with the provisions of Title VII of this Book;
e) determine the maintenance requested by the spouse, taking into account the guidelines established in article 433.
ARTICLE 722.- Provisional measures relating to assets in divorce and nullity of marriage. Once the action for annulment or divorce has been deducted, or earlier in case of urgency, at the request of the party, the judge must provide security measures to prevent the administration or
disposition of the assets by one of the spouses may endanger, make uncertain or defraud the economic rights of the other, whatever the matrimonial property regime.
It can also order the measures aimed at individualizing the existence of assets or rights of which the spouses were holders.
The decision that accepts these measures must establish a period of duration
ARTICLE 723.- Scope of application. Articles 721 and 722 are applicable to coexistence unions, insofar as it is pertinent.
BOOK THREE
PERSONAL RIGHTS
TITLE I
General obligations
CHAPTER 1
General disposition
ARTICLE 724.- Definition. The obligation is a legal relationship by virtue of which the creditor has the right to demand from the debtor a provision intended to satisfy a lawful interest and, in the event of non-compliance, to forcibly obtain the satisfaction of said interest.
ARTICLE 725.- Requirements. The provision that constitutes the object of the obligation must be materially and legally possible, lawful, determined or determinable, capable of economic valuation and must correspond to a patrimonial or extra-patrimonial interest of the creditor.
ARTICLE 726.- Cause. There is no obligation without cause, that is, without deriving from some suitable fact to produce it, in accordance with the legal system.
ARTICLE 727.- Proof of the existence of the obligation. Presumption of legitimate source. The existence of the obligation is not presumed. The interpretation regarding the existence and extent of the obligation is restrictive. Once the obligation has been proven, it is presumed that it arises from a legitimate source
As long as the contrary is not proven.
ARTICLE 728.- Moral duty. What is delivered in compliance with moral or conscientious duties is unrepeatable.
ARTICLE 729.- Good faith. Debtor and creditor must act with care, foresight and according to the requirements of good faith.
ARTICLE 730.- Effects in relation to the creditor. The obligation entitles the creditor to:
a) use the legal means so that the debtor procures him what he has been obliged to do;
b) have it procured by another at the expense of the debtor;
c) Obtain the corresponding compensation from the debtor.
If the breach of the obligation, whatever its source, results in judicial or arbitration litigation, the responsibility for the payment of the costs, including professional fees, of all kinds, accrued there and corresponding to the first or only instance, should not exceed
twenty-five percent of the amount of the judgment, award, transaction or instrument that puts an end to the dispute. If the fees regulations practiced in accordance with customs laws or local customs, corresponding to all professions and specialties, exceed said
percentage, the judge must proceed to apportion the amounts among the beneficiaries. For the computation of the indicated percentage, the amount of the fees of the professionals who have represented, sponsored or assisted the party sentenced to costs should not be taken into account.
ARTICLE 731.- Effects in relation to the debtor. The exact fulfillment of the obligation confers on the debtor the right to obtain release and the right to reject the creditor's actions.
ARTICLE 732.- Performance of assistants. Equalization principle. The breach of the persons of whom the debtor uses for the execution of the obligation is equated to the derivative of the fact of the obligor.
ARTICLE 733.- Acknowledgment of the obligation. The recognition consists of a manifestation of will, express or tacit, by which the debtor admits to being obliged to fulfill a provision.
ARTICLE 734.- Acknowledgment and autonomous promise. The recognition may refer to a previous title or cause; it can also constitute a stand-alone promise of debt.
ARTICLE 735.- Causal recognition. If the act of recognition aggravates the original provision, or modifies it to the detriment of the debtor, the original title must be maintained, if there is no new and lawful cause of duty.
EPISODE 2
Actions and common guarantee of creditors
SECTION 1
Direct action
ARTICLE 736.- Direct action. Direct action is the one that corresponds to the creditor to receive what a third party owes to its debtor, up to the amount of the credit itself. The creditor exercises it in his own right and for his exclusive benefit. It has an exceptional character, it is of interpretation
restrictive, and only proceeds in cases expressly provided for by law.
ARTICLE 737.- Exercise requirements. The exercise of direct action by the creditor requires compliance with the following requirements:
a) an enforceable credit of the creditor against his own debtor;
b) a corresponding debt due from the defendant in favor of the debtor;
c) homogeneity of both credits with each other;
d) neither of the two credits must have been subject to embargo prior to the promotion of direct action;
e) summons the debtor to trial.
ARTICLE 738.- Effects. Direct action produces the following effects:
a) the notification of the claim causes the attachment of the credit in favor of the plaintiff;
b) the claim can only succeed up to the lower amount of the two obligations;
c) the third party defendant can oppose to the progress of the action all the defenses that he has against his own creditor and against the plaintiff;
d) the amount received by the actor goes directly to his patrimony;
e) the debtor is released from his creditor to the extent appropriate based on the payment made by the defendant.
SECTION 2
Subrogatory action
ARTICLE 739.- Subrogatory action. The creditor of a certain credit, enforceable or not, can judicially exercise the patrimonial rights of his debtor, if he is reluctant to do so and that omission affects the collection of his credit.
The creditor does not enjoy any preference over the goods obtained by this means.
ARTICLE 740.- Summons of the debtor. The debtor must be summoned to take part in the respective lawsuit.
ARTICLE 741.- Rights excluded. They are excluded from the subrogatory action:
a) the rights and actions that, by their nature or by provision of the law, can only be exercised by their owner;
b) the rights and actions taken from the collective guarantee of the creditors;
c) mere powers, except that their exercise may result in an improvement in the debtor's financial situation.
ARTICLE 742.- Opposable defenses. All exceptions and causes of termination of the credit may be opposed to the creditor, even when they arise from the debtor's actions subsequent to the claim, as long as these are not in fraud of the creditor's rights.
SECTION 3
Common guarantee of creditors
ARTICLE 743.- Assets that constitute the guarantee. The present and future assets of the debtor constitute the common guarantee of his creditors. The creditor can demand the judicial sale of the debtor's assets, but only to the extent necessary to satisfy his credit. All the
Creditors can execute these assets in an equal position, except that there is a legal cause of preference.
ARTICLE 744.- Assets excluded from the common guarantee. The following are excluded from the guarantee provided for in article 743:
a) The clothes and furniture of essential use of the debtor, his spouse or partner, and his children;
b) the instruments necessary for the personal exercise of the debtor's profession, art or trade;
c) the graves affected to their destination, unless their sale, construction or repair price is claimed;
d) property affected by any religion recognized by the State;
e) usufruct, use and habitation rights, as well as property easements, which can only be executed under the terms of articles 2144, 2157 and 2178;
f) the compensation that corresponds to the debtor for non-pecuniary damage and for material damage derived from injuries to his psychophysical integrity;
g) compensation for maintenance that corresponds to the spouse, the partner and the children with maintenance rights, in the event of homicide;
h) other assets declared unattachable or excluded by other laws.
ARTICLE 745.- Priority of the first garnishee. The creditor who obtained the seizure of assets from his debtor has the right to collect his credit, interest and costs, in preference to other creditors.
This priority is only enforceable against unsecured creditors in individual proceedings.
If several creditors seize the same property of the debtor, the rank between them is determined by the date of the lock of the measure.

Subsequent garnishments should only affect the surplus that remains after the credits that have obtained previous garnishments have been paid.
CHAPTER 3
Classes of obligations
SECTION 1
Obligations to give
Paragraph 1
General disposition
ARTICLE 746.- Effects. The debtor of a certain thing is obliged to keep it in the same state in which it was when he contracted the obligation, and deliver it with its accessories, even if they have been temporarily separated from it.
ARTICLE 747.- Delivery. Either party has the right to require the inspection of the thing in the act of delivery. The receipt of the thing by the creditor presumes the absence of apparent defects and the adequate quality of the thing, without prejudice to the provisions on the
Sanitation obligation in Section 4, Chapter 9, Title II of Book Three.
ARTICLE 748.- Delivery of a closed or under cover movable thing. When a movable item is delivered under cover and without inspecting at the time of tradition, the creditor has an expiration period of three days from receipt to claim for defects in quantity, quality or
apparent vices.
ARTICLE 749.- Obligation to give certain things to transfer the use or possession. Remission. When the obligation to give a certain thing is intended to transfer only the use or possession of it, the rules contained in the special titles apply.
Paragraph 2
Obligations to give a certain thing to constitute real rights
ARTICLE 750.- Tradition. The creditor does not acquire any real right on the thing before the tradition, except legal provision to the contrary.
ARTICLE 751.- Improvements. Concept and classes. Improvement is the increase of the intrinsic value of the thing. Improvements can be natural or artificial. The artificial ones, coming in fact from man, are classified as necessary, useful and of mere luxury, recreation or luxury.
ARTICLE 752.- Natural improvement. Effects. Natural enhancement authorizes the debtor to demand a higher value. If the creditor does not accept it, the obligation is extinguished, without responsibility for any of the parties.

ARTICLE 753.- Artificial improvements. The debtor is obliged to make the necessary improvements, without the right to receive their value. You do not have the right to claim compensation for useful improvements or for those of mere luxury, recreation or sumptuary, but you can withdraw them as long as they do not deteriorate the
thing.
ARTICLE 754.- Fruits. Until the day of tradition, the fruits received belong to the debtor; As of that date, the accrued fruits and those not received correspond to the creditor.
ARTICLE 755.- Risks of the thing. The owner bears the risks of the thing. Cases of deterioration or loss, with or without fault, are governed by the provisions on the impossibility of compliance.
ARTICLE 756.- Concurrence of several creditors. Property. If several creditors claim the same real property promised by the debtor, they are all in good faith and for consideration, you have a better right:
a) the one that has a registry location and tradition;
b) the one who has received the tradition;
c) the one with the previous registration location;
d) in other cases, the one that has a title of a certain previous date.
ARTICLE 757.- Concurrence of several creditors. Movable property. If several creditors claim the same movable thing promised by the debtor, they are all in good faith and for consideration, you have a better right:
a) The one with the preceding registration location, in the case of registrable movable property;
b) the one who has received the tradition, if it is not registrable;
c) in all other cases, the one that has a title of a certain previous date.
ARTICLE 758.- Frustrated creditor. The creditor in good faith who is frustrated in his right, retains his action against the debtor to claim the damages suffered.
Paragraph 3
Obligations to give in order to repay
ARTICLE 759.- General rule. In the obligation to give to restore, the debtor must deliver the thing to the creditor, who in turn can demand it.
If the person who must restore is obliged to deliver the thing to more than one creditor, the debtor must deliver it to the owner, after credible summons to the others who have claimed it.
ARTICLE 760.- Delivery of the thing to someone who is not the owner. Non-registrable goods. In relation to third parties, when the obligation to give certain things is intended to restore them to its owner, if the thing is non-registrable movable and the debtor makes, for consideration, a tradition of it to another for
transfer or constitution of pledge, the creditor has no right against holders in good faith, but only when the thing was stolen or has been lost. In all cases it is against possessors in bad faith.
ARTICLE 761.- Delivery of the thing to someone who is not the owner. Recordable assets. If the thing is real estate or recordable furniture, the creditor has a real action against third parties who apparently acquired real rights over it, or who have it in their possession by any contract
done with the debtor.
Paragraph 4
Gender obligations
ARTICLE 762, - Individualization. The obligation to give is gendered if it falls on things determined only by their species and quantity.
Things due in a gender obligation must be individualized. The choice corresponds to the debtor, unless the contrary results from the agreement of the parties. The choice must fall on something of average quality, and can be made by means of a manifestation of will
express or implied.
ARTICLE 763.- Period prior to individualization. Before the individualization of the thing due, the fortuitous event does not release the debtor. After the choice is made, the rules on the obligation to give certain things apply.
Paragraph 5
Obligations relating to goods that are not things
ARTICLE 764.- Application of standards. The rules of Paragraphs 1, 2, 3 and 4 of this Section apply, as appropriate, to cases in which the due provision consists of transmitting, or making available to the creditor, an asset that is not thing.
Paragraph 6
Obligations to give money
ARTICLE 765.- Concept. The obligation is to give money if the debtor owes a certain amount of currency, determined or determinable, at the time of constitution of the obligation. If by the act by which the obligation has been constituted, it was stipulated to give currency that is not legal tender
In the Republic, the obligation must be considered as giving quantities of things and the debtor can be released by giving the equivalent in legal tender.
ARTICLE 766.- Obligation of the debtor. The debtor must deliver the corresponding amount of the designated species.
ARTICLE 767.- Compensatory interests. The obligation may carry interest and those that have been agreed between the debtor and the creditor are valid, as well as the rate set for its settlement. If it was not agreed by the parties, nor by the laws, nor is it the result of the uses, the rate of
Compensatory interest can be set by the judges.
ARTICLE 768.- Default interests. From its default the debtor owes the corresponding interest. The rate is determined:
a) as agreed by the parties;
b) by what special laws provide;
c) as a subsidy, for rates set according to the Central Bank regulations.
ARTICLE 769.- Punitive interests. Conventional punitive interests are governed by the rules that regulate the penal clause.
ARTICLE 770.- Anatocism. No interest is owed on interest, except that:
a) an express clause authorizes the accumulation of interest to capital with a periodicity of not less than six months;
b) the obligation is sued in court; in this case, the accumulation operates from the date of notification of the claim;
c) the obligation is settled judicially; in this case, the capitalization occurs from the moment the judge orders to pay the resulting sum and the debtor is delinquent in doing so;
d) other legal provisions provide for accumulation.
ARTICLE 771.- Judicial powers. Judges can reduce interest when the fixed rate or the result that causes the capitalization of interest exceeds, without justification and disproportionately, the average cost of money for debtors and similar operations in the place
where the obligation was incurred.
Interest paid in excess is charged to capital and, once it is extinguished, can be repeated.
ARTICLE 772.- Quantification of a value. If the debt consists of a certain value, the resulting amount must refer to the real value at the time that it corresponds to take into account for the evaluation of the debt. It can be expressed in a currency without legal tender that is used
usually in traffic. Once the value is quantified in money, the provisions of this Section apply.
SECTION 2
Obligations to do and not to do
ARTICLE 773.- Concept. The obligation to do is one whose purpose is to provide a service or to carry out an event, in the time, place and manner agreed by the parties.
ARTICLE 774.- Provision of a service. The provision of a service may consist of:
a) in carrying out a certain activity, with the appropriate diligence, regardless of its success. The clauses that commit to the good offices, or to apply the best efforts are included in this subsection;
b) in procuring the creditor a certain concrete result, regardless of its effectiveness;
c) to provide the creditor with the promised effective result. The turnkey or product-in-hand clause is included in this subsection.
If the result of the debtor's activity consists of one thing, for its delivery the rules of the obligations to give certain things to constitute real rights apply.
ARTICLE 775.- Carrying out an event. The person obliged to carry out an act must comply with it in a time and manner consistent with the intention of the parties or with the nature of the obligation. If you do it otherwise, the provision is considered unfulfilled, and the creditor can demand the destruction
of what is badly done, provided that such demand is not abusive.
ARTICLE 776.- Incorporation of third parties. The benefit may be executed by a person other than the debtor, unless the convention, the nature of the obligation or the circumstances show that the latter was chosen for his qualities to perform it personally. Is
Election is presumed in contracts that assume a special trust.
ARTICLE 777.- Forced execution. The attributable breach of the provision entitles the creditor to:
a) require specific compliance;
b) enforce it by third parties at the expense of the debtor;
c) claim damages.
ARTICLE 778.- Obligation not to do. It is one that aims to abstention from the debtor or to tolerate an outside activity. Its attributable breach allows claiming the physical destruction of what was done, and damages.
SECTION 3
Alternative obligations
ARTICLE 779.- Concept. The alternative obligation is intended to provide a service among several that are independent and different from each other. The debtor is obliged to fulfill only one of them.
ARTICLE 780.- Election. Subjects. Effects. Unless otherwise stipulated, the power to choose corresponds to the debtor. The option that corresponds to several people requires unanimity. If the party to whom the election corresponds does not pronounce in a timely manner, the
option passes to the other. If that power has been conferred on a third party and the latter does not choose within the established period, it is up to the debtor to designate the object of the payment.
In the periodic obligations, the election made once does not imply the waiver of the power to choose from now on.
The election is irrevocable from the moment it is communicated to the other party or from the moment the debtor executes any of the benefits, even partially.
Once performed, the chosen service is considered unique from its origin, and the rules of the obligations to give, to do or not to do apply, as appropriate.
ARTICLE 781.- Regular alternative obligation. In cases where the choice corresponds to the debtor and the alternative is between two benefits, the following rules apply:
a) If one of the benefits is impossible for reasons beyond the responsibility of the parties, or attributable to the responsibility of the debtor, the obligation is concentrated on the remainder; If the impossibility comes from causes attributable to the creditor's responsibility, the debtor has
the right to choose between fulfilling their obligation; or fulfill the provision that is still possible and claim the damages and losses arising from the greater onerousness caused by the payment made, in relation to the one that was impossible;
b) if all the benefits are impossible, and the impossibility is successive, the obligation is concentrated in the latter, except if the impossibility of any of them is due to causes that compromise the liability of the creditor; in this case, the debtor has the right to choose with
which is released;
c) If all the benefits are impossible for reasons attributable to the responsibility of the debtor, and the impossibility is simultaneous, it is released by handing over the value of any of it; If they are due to causes attributable to the responsibility of the creditor, the debtor has the right to
fulfilled its obligation with one and claim the damages and losses arising from the greater onerosity caused by the payment made, in relation to which it was impossible;
d) If all the services are impossible for reasons beyond the responsibility of the parties, the obligation is extinguished.
ARTICLE 782.- Irregular alternative obligation. In cases where the choice corresponds to the creditor and the alternative is between two benefits, the following rules apply:
a) If one of the benefits is impossible for reasons beyond the responsibility of the parties, or attributable to the responsibility of the creditor, the obligation is concentrated on the remainder; If the impossibility comes from causes attributable to the liability of the debtor, the creditor has
the right to choose between claiming the benefit that is possible, or the value of the one that is impossible;
b) if all the benefits are impossible and the impossibility is successive, the obligation is concentrated in the last, except that the impossibility of the first obeys to causes that compromise the responsibility of the debtor; in this case the creditor has the right to claim the value
of any of the benefits;
c) If all the benefits are impossible due to causes attributable to the creditor's responsibility, and the impossibility is simultaneous, the creditor has the right to choose which of them he is satisfied with, and owes the debtor the consequential damages and losses of the greatest cost than
report the payment made; if they are due to causes attributable to the responsibility of the debtor, the creditor has the right to choose with the value of which of them is satisfied;
d) If all the services are impossible for reasons beyond the responsibility of the parties, the obligation is extinguished.
ARTICLE 783.- Election by a third party. The options conferred on the debtor and the creditor in articles 781 and 782 may also be exercised, in their favor, by a third party to whom the election has been entrusted.
ARTICLE 784.- Choice of modalities or circumstances. If the obligation authorizes the choice regarding its modalities or circumstances, the preceding rules on the right to make the option and its legal effects apply.
ARTICLE 785.- Obligations of limited gender. The provisions of this Section apply to obligations in which the debtor must deliver something uncertain but included within a number of certain things of the same kind.
SECTION 4
Optional obligations
ARTICLE 786.- Concept. The optional obligation has a main and an accessory provision. The creditor can only demand the principal, but the debtor can be released by complying with the accessory. The debtor has until the time of payment to exercise the power to choose.
ARTICLE 787.- Extinction. The optional obligation is extinguished if the main provision is impossible, without prejudice to the responsibility that may correspond.
ARTICLE 788.- Case of doubt. In case of doubt as to whether the obligation is alternative or optional, it is considered an alternative.
ARTICLE 789.- Option between modalities and circumstances. If the obligation is authorized the option regarding its modalities or circumstances, the preceding rules apply.
SECTION 5
Obligations with penal clause and injunctive sanctions
ARTICLE 790.- Concept. The penal clause is one by which a person, to ensure the fulfillment of an obligation, is subject to a penalty or fine in case of delaying or not executing the obligation.
ARTICLE 791.- Object. The criminal clause may be aimed at the payment of a sum of money, or any other benefit that may be the subject of the obligations, either for the benefit of the creditor or a third party.
ARTICLE 792.- Breach. The debtor who does not fulfill the obligation in the agreed time owes the penalty, if he does not prove the strange cause that suppresses the causal relationship. The defense of the fortuitous event must be interpreted and applied restrictively.
ARTICLE 793.- Relationship with compensation. The penalty or fine imposed in the obligation replaces the compensation for the damages when the debtor is in default; and the creditor is not entitled to other compensation, even if he proves that the penalty is not sufficient reparation.
ARTICLE 794.- Execution. To request the penalty, the creditor is not obliged to prove that he has suffered damages, nor can the debtor be exempted from satisfying it, proving that the creditor did not suffer any damage.
Judges can reduce penalties when their amount disproportionate to the seriousness of the offense they sanction, taking into account the value of the benefits and other circumstances of the case, constitute an abusive use of the debtor's situation.
ARTICLE 795.- Obligations not to do. In the obligations of not doing, the debtor incurs the penalty from the moment he executes the act from which he was obliged to abstain.
ARTICLE 796.- Debtor options. The debtor can be exempted from complying with the obligation to pay the penalty only if this right is expressly reserved.
ARTICLE 797.- Options of the creditor. The creditor cannot request the fulfillment of the obligation and the penalty, but one of the two things, at his discretion, unless the penalty has been stipulated for the simple delay, or it has been stipulated that for the payment of the penalty it is not understood
extinguished the main obligation.
ARTICLE 798.- Proportional decrease. If the debtor fulfills only a part of the obligation, or fulfills it in an irregular way, or outside the place or time to which he was bound, and the creditor accepts it, the penalty must be reduced proportionally.
ARTICLE 799.- Severability. Whether the main obligation is divisible or indivisible, each of the co-debtors or heirs of the debtor does not incur the penalty except in proportion to their part, provided that the obligation of the criminal clause is divisible.
ARTICLE 800.- Indivisibility. If the obligation of the penal clause is indivisible, or if it is joint but divisible, each of the co-debtors, or the joint heirs of the debtor, is obliged to pay the entire penalty.
ARTICLE 801.- Nullity. The nullity of the obligation with a penal clause does not cause that of the main one. The nullity of the main cause that of the criminal clause, except if the obligation with the criminal clause was contracted by another person, in the event that the main cause was null due to lack of
capacity of the debtor.
ARTICLE 802.- Extinction of the main obligation. If the main obligation is extinguished without fault of the debtor, the penal clause is also extinguished.
ARTICLE 803.- Obligation not enforceable. The penal clause has effect, even if it is put in place to ensure the fulfillment of an obligation that at the time of entering into the accessory could not be legally required, as long as it is not rejected by law.
ARTICLE 804.- Penalties. Judges can impose for the benefit of the right holder, punitive sentences of a pecuniary nature to those who do not fulfill legal duties imposed in a judicial resolution. Sentences must be graduated in proportion
to the economic flow of the person who must satisfy them and they can be left without effect or readjusted if he gives up his resistance and totally or partially justifies his action.
The observance of judicial orders issued to public authorities is governed by the rules of administrative law.
SECTION 6
Divisible and indivisible obligations
Paragraph 1
Divisible obligations
ARTICLE 805.- Concept. Divisible obligation is the one whose object is benefits susceptible to partial fulfillment.
ARTICLE 806.- Requirements. The legally divisible benefit requires the concurrence of the following requirements:
a) be materially divisible, so that each of its parts has the same quality as the whole;
b) the value of the object is not significantly affected, nor is its use and enjoyment uneconomical, as a result of the division.
ARTICLE 807.- Singular debtor and creditor. If there is only one debtor and one creditor, the provision must be fulfilled in its entirety, even if its object is divisible.
ARTICLE 808.- Principle of division. If the divisible obligation has more than one creditor or more than one debtor, it must be divided into as many equal credits or debts, as there are creditors or debtors, provided that the constitutive title does not determine different proportions.
Each of the parts is equivalent to a diverse and independent benefit. Creditors are entitled to their share and debtors are not liable for the insolvency of others.
ARTICLE 809.- Limit of divisibility. Severability of the obligation cannot be invoked by the co-debtor in whose charge the payment of the entire debt is left.
ARTICLE 810.- Right to refund. In cases where the debtor pays more than his share of the debt:
a) If you do so knowing that in excess you pay a foreign debt, the rules of subrogation by execution of the provision by a third party apply;
b) If you do it without cause, because you believe you are a debtor at all, or because the creditor has already received the excess, the rules of undue payment apply.
ARTICLE 811.- Participation. The participation between the creditors of what one of them receives as more is determined in accordance with the provisions of article 841.
ARTICLE 812.- Case of solidarity. If the divisible obligation is also joint and several, the rules of joint and several obligations apply, and active or passive solidarity, as appropriate.
Paragraph 2
Indivisible obligations
ARTICLE 813.- Concept. Obligations not susceptible of partial fulfillment are indivisible.
ARTICLE 814.- Cases of indivisibility. There is indivisibility:
a) if the benefit cannot be materially divided;
b) if the indivisibility is agreed; in case of doubt about whether it was agreed that the obligation is indivisible or joint, it is considered joint;
c) if provided by law.
ARTICLE 815.- Indivisible benefits. The benefits corresponding to the obligations are considered indivisible:
a) to give a certain thing;
b) to do, except if they have been agreed by unit of measure and the debtor has the right to partial release;
c) not to do;
d) accessory, if the main one is indivisible.
ARTICLE 816.- Right of creditors to full payment. Each of the creditors has the right to demand the entire payment from any of the co-debtors, or all of them, simultaneously or successively.
ARTICLE 817.- Right to pay. Any of the co-debtors has the right to pay the entire debt to any of the creditors.
ARTICLE 818.- Extinction modes. The unanimity of the creditors is required to extinguish the credit by transaction, novation, dation in payment and remission. The same collection requires the assignment of the credit, but not the compensation.
ARTICLE 819.- Responsibility of each co-debtor. The default of one of the debtors or of one of the creditors, and the factors of attribution of responsibility of one or the other, do not harm the others.
ARTICLE 820.- Contribution. If one of the debtors pays the entire debt, or repairs all the damages, or makes expenses in common interest, he has the right to claim from the others the contribution of the value of what he has invested in their interest, with the reach what
determines article 841.
ARTICLE 821.- Participation. If one of the creditors receives the totality of the credit or the repair of the damages, or more than their quota, the others have the right to be paid the value of what corresponds to them according to the participation quota of each of them , with the
scopes determined by article 841.
They have the same right if the credit is totally or partially extinguished, due to legal compensation.
ARTICLE 822.- Extinctive prescription. The expiry prescription fulfilled is invocable by any of the debtors against any of the creditors.
The interruption and suspension of the course of the expiry prescription are governed by the provisions of Book Six.
ARTICLE 823.- Subsidiary regulations. The rules relating to joint and several obligations are subsidiarily applicable to indivisible obligations.
ARTICLE 824.- Improper indivisibility. The provisions of this paragraph apply to obligations whose fulfillment can only be demanded by all creditors together, or carried out by all debtors together, except those that grant each one the right
collect or pay individually.
SECTION 7
Obligations of the plural subject
Paragraph 1

Page 6

Obligations simply pooled
ARTICLE 825.- Concept. The simply joint obligation is one in which the credit or debt is divided into as many independent relationships among themselves as there are creditors or debtors. The respective installments are considered debts or credits other than those
each other.
ARTICLE 826.- Effects. The effects of the simply joint obligation are governed by the provisions of Section 6 of this Chapter, depending on whether its object is divisible or indivisible.
Paragraph 2
Joint obligations. General disposition
ARTICLE 827.- Concept. There is solidarity in the obligations with a plurality of subjects and originated in a single cause when, by reason of the constitutive title or the law, their full compliance can be required from any of the debtors, by any of the creditors.
ARTICLE 828.- Sources. Solidarity is not presumed and must arise unequivocally from the law or the title constituting the obligation.
ARTICLE 829.- Application criteria. Subject to the provisions of this Paragraph and the next two, it is considered that each of the joint co-debtors, in passive solidarity, and each of the co-creditors, in active solidarity, represents the others in the acts
that it performs as such.
ARTICLE 830.- Circumstances of the ties. The incapacity and restricted capacity of any of the creditors or joint debtors does not harm or benefit the situation of the others; nor the existence of modalities in its respect.
ARTICLE 831.- Defenses. Each one of the debtors can oppose the creditor the defenses common to all of them.
Personal defenses can be opposed exclusively by the debtor or creditor to whom they correspond, and only have value against the co-creditor to whom they refer. However, they can extend their effects to the other co-debtors to a limited extent, and make it possible to reduce the
total amount of the debt that is claimed, up to the concurrence of the part belonging to the debt to the co-debtor who can invoke them.
ARTICLE 832.- Thing is judged. The sentence handed down against one of the co-debtors is not enforceable against the others, but they can invoke it when it is not based on the personal circumstances of the co-debtor defendant.
The debtor cannot oppose to the other co-creditors the judgment obtained against one of them; but the co-creditors can oppose it to the debtor, without prejudice to the personal exceptions that he may have against each one of them.
Paragraph 3
Passive solidarity
ARTICLE 833.- Right to collect. The creditor has the right to require payment from one, several or all of the co-debtors, simultaneously or successively.
ARTICLE 834.- Right to pay. Any of the joint debtors has the right to pay the entire debt, without prejudice to the provisions of article 837.
ARTICLE 835.- Extinction modes. Subject to special provisions, extinction modes affect, as the case may be, the obligation, or the share of a joint debtor, in accordance with the following rules:
a) the obligation is completely extinguished when one of the joint and several debtors pays the debt;
b) the obligation is also completely extinguished if the creditor renounces his credit in favor of one of the joint debtors, or if novation, dation in payment or compensation occurs between the creditor and one of the joint debtors;
c) Confusion between the creditor and one of the joint debtors only extinguishes the share of the debt that corresponds to the latter. The subsisting obligation preserves the joint and several character;
d) the transaction made with one of the joint co-debtors takes advantage of the others, but cannot be opposed to them.
ARTICLE 836.- Absolute extinction of solidarity. If the creditor, without renouncing the credit, expressly renounces solidarity for the benefit of all joint debtors, consenting to the division of the debt, it becomes simply joint.
ARTICLE 837.- Relative extinction of solidarity. If the creditor, without renouncing the credit, expressly or tacitly renounces solidarity for the benefit of only one of the joint debtors, the debt continues to be joint and several with respect to the others, with deduction of the fee.
corresponding to the beneficiary debtor.
ARTICLE 838.- Responsibility. The default of one of the joint debtors harms the others. If compliance is made impossible for reasons attributable to a co-debtor, the others are liable for the equivalent of the due provision and compensation for damages. The
Consequences of the willful breach of one of the debtors are not borne by the others.
ARTICLE 839.- Interruption and suspension of the prescription. The interruption and suspension of the course of the expiry prescription are governed by the provisions of Title I of the Sixth Book.
ARTICLE 840.- Contribution. The debtor who makes the payment can repeat it for the other co-debtors according to the participation that each one has in the debt. The return action does not proceed if the debt has been remitted free of charge.
ARTICLE 841.- Determination of the contribution fee. Contribution fees are determined successively according to:
a) the agreement;
b) the source and purpose of the obligation or, where appropriate, the cause of responsibility;
c) the relationships of the interested parties;
d) other circumstances.
If by applying these criteria it is not possible to determine the contribution quotas, it is understood that they participate in equal parts.
ARTICLE 842.- Insolvency case. The fee corresponding to insolvent co-debtors is covered by all the obligors.
ARTICLE 843.- Death of a debtor. If one of the joint debtors dies and leaves several heirs, the debt enters the undivided estate and any of the creditors can oppose the property being delivered to the heirs or legatees without having been previously paid.
After the partition, each heir is obliged to pay according to the quota that corresponds to him in the hereditary assets.
Paragraph 4
Active solidarity
ARTICLE 844.- Right to collection. The creditor, or each creditor, or all of them together, can claim the entire obligation from the debtor.
ARTICLE 845.- Prevention of a creditor. If one of the joint creditors has sued the debtor for collection, the payment can only be made by the debtor to the plaintiff creditor.
ARTICLE 846.- Extinction modes. Subject to special provisions, extinction modes affect, as the case may be, the obligation, or the share of a joint creditor, in accordance with the following rules:
a) The obligation is completely extinguished when one of the joint creditors receives the payment of the loan;
b) as long as one of the joint creditors has not demanded payment from the debtor, the obligation is also completely extinguished if one of them renounces its credit in favor of the debtor, or if novation, dation in payment or compensation between one of them and the debtor;
c) Confusion between the debtor and one of the joint creditors only extinguishes the credit quota that corresponds to the latter;
d) the transaction made by one of the joint and several co-creditors with the debtor is not enforceable against the other creditors, unless they want to take advantage of it.
ARTICLE 847.- Participation. The joint creditors have the right to participation with the following scopes:
a) If one of the joint creditors receives the totality of the credit or the repair of the damage, or more than their quota, the others have the right to be paid the value of what corresponds to them according to the participation quota of each one ;
b) in the cases of subsection b) of article 846, the other joint creditors have the right to participation, if there was a waiver of the credit or legal compensation for the share of each one in the original credit; and if there was conventional or optional compensation, novation, dation in payment
or transaction, for the share of each one in the original credit, or for the one that would correspond to each one according to the result of the terminating acts, at their choice;
c) The joint creditor who makes reasonable expenses in the common interest has the right to claim from the others the participation in the reimbursement of its value.
ARTICLE 848.- Participation fees. The participation quotas of the joint creditors are determined in accordance with the provisions of article 841.
ARTICLE 849.- Death of a creditor. If one of the joint creditors dies, the credit is divided among his heirs in proportion to their participation in the inheritance. After the partition, each heir has the right to receive according to the quota that corresponds to the credit
hereditary.
SECTION 8
Concurrent obligations
ARTICLE 850.- Concept. Concurrent obligations are those in which several debtors owe the same object due to different causes.
ARTICLE 851.- Effects. Except for special provision to the contrary, the concurrent obligations are governed by the following rules:
a) the creditor has the right to request payment from one, several or all of the co-debtors, simultaneously or successively;
b) the payment made by one of the debtors extinguishes the obligation of the other competing obligors;
c) the dation in payment, the transaction, the novation and the compensation made with one of the competing debtors, as long as they fully satisfy the interest of the creditor, extinguish the obligation of the other competing obligors or, where appropriate, partially extinguish it in measure
of what is satisfied;
d) the confusion between the creditor and one of the competing debtors and the waiver of the credit in favor of one of the debtors does not extinguish the debt of the other competing obligors;
e) the expired prescription and the interruption and suspension of its course do not produce expansive effects with respect to the other competing obligated parties;
f) the default of one of the debtors does not produce expansive effects with respect to the other co-debtors;
g) the sentence passed in res judicata authority issued against one of the co-debtors is not enforceable against the others, but they can invoke it when it is not based on the personal circumstances of the co-debtor defendant;
h) The contribution action of the debtor who pays the debt against the other competing obligors is governed by the causal relationships that give rise to the concurrence.
ARTICLE 852.- Subsidiary regulations. The rules relating to joint and several obligations are subsidiarily applicable to concurrent obligations.
SECTION 9
Disjunctive obligations
ARTICLE 853.- Scope. If the obligation must be fulfilled by one of several subjects, unless otherwise stipulated, the creditor chooses which of them should make the payment. As long as the creditor does not sue one of the subjects, any of them have the right to pay. The one who pays
It does not have the right to demand a contribution or reimbursement from the other obligated subjects.
ARTICLE 854.- Active disjunction. If the obligation must be fulfilled in favor of one of several subjects, unless otherwise stipulated, the debtor chooses to which of them he / she makes the payment. The demand of one of the creditors to the debtor does not extinguish the right of the latter to pay anyone
from them. The one who receives the payment is not obliged to share it with the others.
ARTICLE 855.- Applicable rules. The rules of simply joint obligations apply, subsidiarily.
SECTION 10
Principal and accessory obligations
ARTICLE 856.- Definition. Main obligations are those whose existence, legal regime, effectiveness and functional development are autonomous and independent of any other mandatory link. Rights and obligations are accessory to a main obligation when
they depend on it in any of the aforementioned aspects, or when they are essential to satisfy the interest of the creditor.
ARTICLE 857.- Effects. The extinction, nullity or ineffectiveness of the main credit, extinguish the accessory rights and obligations, except legal or conventional provision to the contrary.
SECTION 11
Accountability
ARTICLE 858.- Definitions. Account is understood as the description of the antecedents, facts and financial results of a business, even if it consists of a singular act.
There is accountability when they are brought to the attention of the interested person, in accordance with the provisions of the following articles.
ARTICLE 859.- Requirements. Accountability must:
a) be done in a descriptive and documented way;
b) include references and explanations reasonably necessary for understanding;
c) accompany the receipts and expenses, unless it is of use not to extend them;
d) agree with the books kept by the person who renders them.
ARTICLE 860.- Obligation to render accounts. They are obliged to render accounts, except express resignation of the interested party:
a) who acts in the interest of others, even in their own name;
b) who are parties to ongoing performance relationships, when the surrender is appropriate to the nature of the business;
c) who must do so by legal provision.
Accountability can be private, except if the law provides that it must be done before a judge.
ARTICLE 861.- Opportunity. The accounts must be rendered at the time stipulated by the parties, or provided by law. Failing that, the rendering of accounts must be made:
a) at the conclusion of the business;
b) if the business is of continuous execution, also at the end of each of the periods or at the end of each calendar year.
ARTICLE 862.- Approval. Accountability can be expressly or tacitly approved. There is tacit approval if it is not observed within the term agreed or established by law or, failing that, within thirty days of being duly submitted. However, it may be
observed due to calculation or registration errors within the expiration period of one year after receipt.
ARTICLE 863.- Continued execution relationships. In continuous execution relationships, if the rendering of accounts for the last period is approved, it is presumed that the rendering corresponding to previous periods was also approved.
ARTICLE 864.- Balances and documents of the interested party. Once the accounts are approved:
a) Your balance must be paid within the term agreed or established by law or, failing that, within ten days;
b) The person obliged to render them must return to the interested party the titles and documents that have been delivered, except for personal instructions.
CHAPTER 4
Pay
SECTION 1
General disposition
ARTICLE 865.- Definition. Payment is the fulfillment of the provision that constitutes the object of the obligation.
ARTICLE 866.- Applicable rules. The rules of legal acts apply to payment, subject to the provisions of this Chapter.
ARTICLE 867.- Purpose of the payment. The object of the payment must meet the requirements of identity, integrity, punctuality and location.
ARTICLE 868.- Identity. The creditor is not obliged to receive and the debtor has no right to fulfill a benefit other than the one due, whatever its value.
ARTICLE 869.- Integrity. The creditor is not obliged to receive partial payments, except legal or conventional provision to the contrary. If the obligation is partly liquid and partly illiquid, the debtor can pay the liquid part.
ARTICLE 870.- Obligation with interests. If the obligation is to give a sum of money with interest, the payment is only in full if it includes the principal plus interest.
ARTICLE 871.- Payment time. Payment must be made:
a) if the obligation is immediately enforceable, at the time of its birth;
b) if there is a certain, certain or uncertain term, the day of its expiration;
c) if the term is tacit, in the time in which, according to the nature and circumstances of the obligation, it must be fulfilled;
d) If the term is indeterminate, within the time set by the judge, at the request of either party, through the shortest procedure provided by local law.
ARTICLE 872.- Advance payment. Payment prior to the expiration of the term does not give the right to demand discounts.
ARTICLE 873.- Designated place of payment. The place of payment can be established by agreement of the parties, expressly or tacitly.
ARTICLE 874.- Place of payment not designated. If nothing has been indicated, the place of payment is the domicile of the debtor at the time of the birth of the obligation. If the debtor moves, the creditor has the right to demand payment at the current or previous address. The same option corresponds to
debtor, when the place of payment is the creditor's domicile.
This rule does not apply to obligations:
a) to give a certain thing; in this case, the place of payment is where the thing is usually found;
b) of bilateral obligations of simultaneous fulfillment; In this case, the place of payment is where the main benefit must be fulfilled.
ARTICLE 875.- Validity. Payment must be made by person with capacity to arrange.
ARTICLE 876.- Payment in fraud to creditors. Payment must be made without fraud to creditors. In this case, the regulations of the revocation action apply and, where appropriate, that of the bankruptcy law.
ARTICLE 877.- Payment of seized or pledged credits. The credit must be expedited. The payment of a garnished or pledged credit is unenforceable to the lien creditor or garnishee.
ARTICLE 878.- Property of the thing. The fulfillment of an obligation to give certain things to constitute real rights requires that the debtor be the owner of the thing. Payment by means of something that does not belong to the debtor is governed by the rules relating to the sale of
foreign thing.
ARTICLE 879.- Active legitimation. The debtor has the right to pay. If there are several debtors, the right to pay of each of them is governed by the provisions corresponding to the category of their obligation.
ARTICLE 880.- Effects of payment by the debtor. The payment made by the debtor that satisfies the interest of the creditor, extinguishes the credit and releases it.
ARTICLE 881.- Execution of the provision by a third party. The benefit can also be executed by a third party, unless the special conditions of the debtor have been taken into account, or there is joint opposition from the creditor and the debtor. Third party interested is the
person to whom the default of the debtor can cause a loss of assets, and can pay against the individual or joint opposition of the creditor and the debtor.
ARTICLE 882.- Effects produced by the execution of the provision by a third party. The execution of the provision by a third party does not extinguish the credit. The third party has action against the debtor with the same scope as:
a) the agent who executes the service with the consent of the debtor;
b) the business manager who acts in ignorance of it;
c) who files the enrichment action without cause, if he acts against the will of the debtor.
You can also exercise the action that arises from the subrogation by execution of the provision by a third party.
ARTICLE 883.- Legitimation to receive payments. The payment made has an extinguishing effect of the credit:
a) the creditor, or his assignee or subrogate; if there are several creditors, the right to collection of each of them is governed by the provisions corresponding to the category of their obligation;
b) at the order of the judge who ordered the seizure of the credit;
c) to the third party indicated to receive the payment, in whole or in part;
d) to whoever owns the title of credit issued to the bearer, or endorsed blank, except for a well-founded suspicion that the document does not belong to him, or that he is not authorized to collect;
e) to the apparent creditor, if the person making the payment acts in good faith and under the circumstances the right invoked is plausible; the payment is valid, although later it is due in judgment on the right that it invokes.
ARTICLE 884.- Rights of the creditor against the third party. The creditor has the right to claim from the third party the value of what he has received:
a) in the case of subsection c) of article 883, pursuant to the terms of the internal relationship between the two;
b) in the cases of subsections d) and e) of Article 883, in accordance with the rules of undue payment.
ARTICLE 885.- Payment to an incapable person or person with restricted capacity and to a third party not legitimized. The payment made to an incapable person, nor with restricted capacity not authorized by the judge to receive payments, nor to a third party not authorized by the creditor to receive it, is not valid,
Unless there is ratification by the creditor.
However, the payment produces effects to the extent that the creditor has benefited.
SECTION 2
Blackberry
ARTICLE 886.- Default of the debtor. Beginning. Automatic default. Default of the creditor. The default of the debtor occurs for the sole course of the time set for the fulfillment of the obligation.
The creditor is in default if the debtor makes an offer of payment in accordance with article 867 and unjustifiably refuses to receive it.
ARTICLE 887.- Exceptions to the principle of automatic default. The automatic default rule does not apply to obligations:
a) subject to a tacit term; if the term is not expressly determined, but is tacitly derived from the nature and circumstances of the obligation, on the date that, according to custom and good faith, must be met;
b) subject to an indefinite term itself; If there is no term, the judge, at the request of the party, must set it through the shortest procedure provided by local law, unless the creditor chooses to accumulate the actions to set the term and compliance, in which case the
The debtor is in default on the date indicated by the judgment for the fulfillment of the obligation.
In case of doubt as to whether the term is tacit or indeterminate itself, it is considered to be tacit.
ARTICLE 888.- Exemption. To be exempt from the legal consequences derived from the delay, the debtor must prove that it is not attributable to him, regardless of the place of payment of the obligation.
SECTION 3
Payment to better fortune
ARTICLE 889.- Principle. The parties may agree that the debtor pays when he can, or his fortune improves; in this case, the rules of indefinite-term obligations apply.
ARTICLE 890.- Burden of proof. The creditor can claim the performance of the benefit, and it is up to the debtor to show that his financial status prevents him from paying. In case of conviction, the judge can fix the payment in installments.
ARTICLE 891.- Death of the debtor. It is presumed that the best fortune payment clause is established for the exclusive benefit of the debtor; the debt is transmitted to the heirs as a pure and simple obligation.
SECTION 4
Competition benefit
ARTICLE 892.- Definition. The competition benefit is a right that is granted to certain debtors, so that they pay what they can, according to the circumstances, and until their fortune improves.
ARTICLE 893.- People included. The creditor must grant this benefit:
a) their ascendants, descendants and collaterals up to the second degree, if they have not incurred any cause of unworthiness to succeed;

b) your spouse or partner;
c) the donor in terms of enforcing the donation.
SECTION 5
Proof of payment
ARTICLE 894.- Burden of proof. The burden of proof rests:
a) in the obligations to give and to do, on who invokes the payment;
b) in the obligations not to do, on the creditor who invokes the breach.
ARTICLE 895.- Means of proof. The payment can be proven by any means except that the stipulation or the law provides for the use of a certain one, or covered with certain formalities.
ARTICLE 896.- Receipt. The receipt is a public or private instrument in which the creditor acknowledges having received the due provision.
ARTICLE 897.- Right to demand the receipt. Compliance with the obligation gives the debtor the right to obtain proof of the corresponding release. The creditor can also demand a receipt that proves receipt.
ARTICLE 898.- Inclusion of reserves. The debtor can include reservations of rights in the receipt and the creditor is obliged to consign them. The inclusion of these reservations does not prejudice the rights of the person issuing the receipt.
ARTICLE 899.- Presumptions regarding payment. It is presumed, except for evidence to the contrary that:
a) if a receipt for balance is granted, all debts corresponding to the obligation for which it was granted are canceled;
b) If the payment corresponding to one of the periods is received, the previous ones are canceled, whether a single deferred execution benefit is owed whose fulfillment is made through partial payments, or whether it is successive benefits that arise during the course of the period.
weather;
c) If a receipt is issued for the payment of the main benefit, without the accessories of the credit, and no reservation is made, they are extinguished;
d) if default damage is owed, and upon receipt of payment the creditor does not reserve in this regard, the debt for that damage is extinguished.
SECTION 6
Imputation of payment
ARTICLE 900.- Imputation by the debtor. If the obligations towards a single creditor are for benefits of the same nature, the debtor has the power to declare, at the time of making the payment, by which of them it should be understood that it does so. The choice must fall
on liquid debt and expired term. If you owe principal and interest, the payment cannot be charged to the principal debt without the consent of the creditor.
ARTICLE 901.- Imputation by the creditor. If the debtor does not impute the payment, the creditor is empowered to do so at the time of receipt, in accordance with these rules:
a) It must be attributed to any of the liquid and enforceable debts;
b) Once one or more debts have been totally canceled, you can apply the balance to the partial cancellation of any of the others.
ARTICLE 902.- Legal imputation. If the debtor or the creditor does not make an imputation of the payment, it is imputed:
a) first, to the obligation of the most onerous expired term for the debtor;
b) when the debts are equally onerous, the payment is imputed pro rata.
ARTICLE 903.- Payment on account of capital and interest. If the payment is made on account of capital and interest and the order is not specified, it is charged first to interest, unless the creditor receives a receipt on account of capital.
SECTION 7
Payment by consignment
Paragraph 1
Judicial consignment
ARTICLE 904.- Cases in which it proceeds. Payment by consignment proceeds when:
a) the creditor was in default;
b) there is uncertainty about the person of the creditor;
c) The debtor cannot make a safe and valid payment for reasons that are not attributable to him.
ARTICLE 905.- Requirements. Consignment payment is subject to the same payment requirements.
ARTICLE 906.- Form. Payment by consignment is governed by the following rules:
a) If the benefit consists of a sum of money, its deposit is required at the order of the intervening judge, in the bank that the procedural rules provide;
b) if an indeterminate thing is owed to the creditor's choice and the creditor is delinquent in making the choice, once the term of the judicial summons made to the creditor has expired, the judge authorizes the debtor to carry it out;
c) If the things owed cannot be kept or their custody causes excessive expenses, the judge may authorize the sale by auction, and order the deposit of the price obtained.
ARTICLE 907.- Effects. The judicial consignment, not contested by the creditor, or declared valid because it meets the payment requirements, extinguishes the debt from the day the claim is notified.
If the consignment is defective, and the debtor subsequently remedies its defects, the extinction of the debt occurs from the date of notification of the judgment that admits it.
ARTICLE 908.- Debtor in arrears. The delinquent debtor can consign the benefit due with the accessories accrued until the day of consignment.
ARTICLE 909.- Withdrawal. The debtor has the right to withdraw from the consignment before it is accepted by the creditor or before it has been declared valid. Subsequently, it can only withdraw with the express consent of the creditor, who in that case loses the action against the
co-debtors, guarantors and guarantors.
Paragraph 2
Extrajudicial consignment
ARTICLE 910.- Origin and procedure. Without prejudice to the provisions of Paragraph 1, the debtor of a sum of money can opt for the extrajudicial deposit process. To this end, you must deposit the amount owed before a registry clerk, in the name and at the disposal of the
creditor, complying with the following precautions:
a) Previously notify the creditor, in a reliable way, of the day, time and place where the deposit will be made;
b) make the deposit of the amount owed plus accrued interest until the day of the deposit; This deposit must be reliably notified to the creditor by the notary public within forty-eight working hours after it has been made; if notification is impossible, the
debtor must record judicially.
ARTICLE 911.- Rights of the creditor. Once notified of the deposit, within the fifth business day of notification, the creditor has the right to:
a) accept the procedure and withdraw the deposit, the debtor being in charge of paying the expenses and fees of the notary;
b) reject the procedure and withdraw the deposit, being in charge of the creditor the payment of the expenses and fees of the notary;
c) reject the procedure and the deposit, or not issue it. In both cases, the debtor can dispose of the deposited amount for judicial consignment.
ARTICLE 912.- Rights of the creditor who withdraws the deposit. If the creditor withdraws the deposit and rejects the payment, he can claim a higher amount in court or consider it insufficient or demand the repetition of what was paid for expenses and fees because he considers that it is not
was in arrears, or both. In the receipt you must reserve your right, otherwise it is considered that the payment is liberatory from the day of the deposit. To sue, you have an expiration term of thirty days computed from receipt with reservation.
ARTICLE 913.- Impediments. You cannot go to the procedure provided for in this Paragraph if, before the deposit, the creditor opted for the resolution of the contract or demanded the fulfillment of the obligation.
SECTION 8
Surrogacy payment
ARTICLE 914.- Payment for subrogation. The payment by subrogation transmits to the third party who pays all the rights and actions of the creditor. Surrogacy can be legal or conventional.
ARTICLE 915.- Legal subrogation. Legal subrogation takes place in favor of:
a) of the one who pays a debt to which he was obliged to others, or by others;
b) of the third party, interested or not, who pays with the assent of the debtor or in his ignorance;
c) of the interested third party who pays even with the opposition of the debtor;
d) of the heir with limited liability who pays with his own funds a debt of the deceased.
ARTICLE 916.- Conventional subrogation by the creditor. The creditor can subrogate his rights to the third party who pays.
ARTICLE 917.- Conventional subrogation by the debtor. The debtor who pays the creditor with third-party funds can subrogate the lender. In order for it to have the effects provided in these regulations, it is necessary that:
a) both the loan and the payment are recorded in instruments with a certain previous date;
b) the receipt states that the funds belong to the surrogate;
c) the loan instrument states that the debtor's obligation will be fulfilled with that money.
ARTICLE 918.- Effects. The payment by subrogation transmits to the third party all the rights and actions of the creditor, and the accessories of the credit. The surrogate third party maintains the actions against the co-obligated parties, guarantors, and personal and real guarantors, and the privileges and the right to
retention if any.
ARTICLE 919.- Limits. The transfer of credit has the following limitations:
a) The subrogated person can only exercise the transferred right up to the amount paid;
b) the co-debtor of an obligation of a plural subject can only claim from the other co-debtors the part that each of them is responsible for fulfilling;
c) Conventional subrogation may be limited to certain rights or actions.
ARTICLE 920.- Partial subrogation. If the payment is partial, the third party and the creditor concur in proportion to the debtor.
CHAPTER 5
Other modes of extinction
SECTION 1
Compensation
ARTICLE 921.- Definition. The compensation of obligations takes place when two people, in their own right, meet the status of creditor and debtor reciprocally, whatever the causes of both debt. Extinguishes with payment force the two debts, until the
amount of the lesser, from the time in which both obligations began to coexist in conditions of being compensable.
ARTICLE 922.- Species. The compensation can be legal, conventional, optional or judicial.
ARTICLE 923.- Requirements of legal compensation. For there to be legal compensation:
a) both parties must be debtors of benefits to give;
b) the objects included in the benefits must be homogeneous with each other;
c) Credits must be enforceable and freely available, without affecting the rights of third parties.
ARTICLE 924.- Effects. Once opposed, legal compensation produces its effects from the moment in which both reciprocal debts coexist in conditions to be compensated, even if the credit is not liquid or is contested by the debtor.
ARTICLE 925.- Bond. The guarantor can oppose the compensation of what the creditor owes him or the main debtor. But the latter cannot oppose the creditor to set off his debt with the creditor's debt to the guarantor.
ARTICLE 926.- Multiple debts of the same debtor. If the debtor has several compensable debts with the same creditor, the rules of the allocation of the payment apply.
ARTICLE 927.- Optional compensation. Optional compensation acts by the will of only one of the parties when she waives a missing requirement for legal compensation that plays in her favor. It produces its effects from the moment it is communicated to the other
part.
ARTICLE 928.- Judicial compensation. Either party has the right to require a judge to declare the compensation that has occurred. The claim can be deducted simultaneously with the defenses related to the credit of the other party or, alternatively, to
in the event those defenses fail.
ARTICLE 929.- Conventional exclusion. Compensation can be conventionally excluded.
ARTICLE 930.- Non-compensable obligations. They are not compensable:
a) debts for maintenance;
b) the obligations to do or not to do;
c) the obligation to pay damages and interest for not being able to restore the thing of which the owner or legitimate possessor was stripped;
d) the debts that the legatee has with the deceased if the assets of the inheritance are insufficient to satisfy the obligations and the remaining legacies;
e) debts and credits between individuals and the national, provincial or municipal State, when:
i) The debts of individuals come from the auction of assets belonging to the Nation, province or municipality; tax revenues, direct or indirect contributions or other payments that must be made at customs, such as storage or deposit rights;
ii) debts and credits belong to different ministries or departments;
iii) the credits of individuals are included in the consolidation of claims against the State provided by law.
f) credits and debts in bankruptcy and bankruptcy, except to the extent provided by special law;
g) the debt of the person obliged to repay an irregular deposit.
SECTION 2
Confusion
ARTICLE 931.- Definition. The obligation is extinguished by confusion when the qualities of creditor and debtor are brought together in the same person and in the same patrimony.
ARTICLE 932.- Effects. The obligation is extinguished, totally or partially, in proportion to the part of the debt in which the confusion occurs.
SECTION 3
Novation
ARTICLE 933.- Definition. The novation is the extinction of an obligation by the creation of a new one, destined to replace it.
ARTICLE 934.- Will to novar. The will to novar is an essential requirement for novation. In case of doubt, it is presumed that the new obligation contracted to fulfill the previous one does not cause its termination.
ARTICLE 935.- Modifications that do not matter novation. The delivery of documents signed by the debtor in payment of the debt and, in general, any accessory modification of the original obligation, does not involve novation.
ARTICLE 936.- Novation due to change of debtor. Novation due to change of debtor requires the consent of the creditor.
ARTICLE 937.- Novation due to change of creditor. Novation due to change of creditor requires the consent of the debtor. If this consent is not given, there is an assignment of credit.
ARTICLE 938.- Circumstances of the previous obligation. There is no novation, if the previous obligation:
a) is extinguished, or affected by absolute nullity; when it comes to relative nullity, the novation is valid, if at the same time it is confirmed;
b) it was subject to a suspensive condition and, after the novation, the conditioning fact fails; or retroactive resolutory condition, and the conditioning fact is fulfilled; In these cases, the new obligation produces the effects that, as such, correspond to it, but does not replace the
previous.
ARTICLE 939.- Circumstances of the new obligation. There is no novation and the previous obligation subsists, if the new one:
a) is subject to absolute nullity, or relative nullity and is not subsequently confirmed;
b) is subject to a suspensive condition, and the conditioning fact fails; or retroactive resolutory condition and the conditioning fact is fulfilled.
ARTICLE 940.- Effects. The novation extinguishes the original obligation with its accessories. The creditor can prevent the extinction of the personal or real guarantees of the old credit by means of reservation; in this case, the guarantees pass to the new obligation only if the person who provided them
participated in the novatory agreement.
ARTICLE 941.- Legal novation. The provisions of this Section apply additionally when the novation is produced by provision of the law.
SECTION 4
Settlement
ARTICLE 942.- Definition. The obligation is extinguished when the creditor voluntarily accepts in payment a different benefit from the one owed.
ARTICLE 943.- Applicable rules. Dation in payment is governed by the provisions applicable to the contract with which it has the greatest affinity.
The debtor responds for the eviction and the redhibitory vices of the delivered; These effects do not revive the original obligation, except by express agreement and without prejudice to third parties.
SECTION 5
Waiver and referral
ARTICLE 944.- Characters. Any person can waive the rights conferred by law when the waiver is not prohibited and only affects private interests. The anticipated resignation of the defenses that can be asserted in court is not admitted.
ARTICLE 945.- Free and onerous resignation. If the resignation is made for a price, or in exchange for any advantage, it is governed by the principles of onerous contracts. The free waiver of a right can only be made by those who have the capacity to donate.
ARTICLE 946.- Acceptance. The acceptance of the resignation by the beneficiary causes the extinction of the right.
ARTICLE 947.- Withdrawal. The resignation can be retracted as long as it has not been accepted, saving the rights acquired by third parties.
ARTICLE 948.- Evidence. The will to resign is not presumed and the interpretation of the acts that allow inducing it is restrictive.
ARTICLE 949.- Form. The waiver is not subject to special forms, even when it refers to rights that appear in a public instrument.
ARTICLE 950.- Remission. The debt is considered remitted, unless there is evidence to the contrary, when the creditor voluntarily delivers the original document containing the debt to the debtor. If the document is a notarized instrument and your testimony or copy is in the possession of
of the debtor without annotation of the payment or remission, and neither does the payment or the remission appear in the original document, the debtor must prove that the creditor gave him the testimony of the copy as remission of the debt.
ARTICLE 951.- Applicable standards. The provisions on waiver apply to the remission of debt made by the creditor.
ARTICLE 952.- Effects. The remission of the debt produces the effects of the payment. However, the referral in favor of the guarantor does not benefit the debtor. The one made in favor of one of several guarantors does not benefit the others.
ARTICLE 953.- Partial payment of the guarantor. The guarantor who paid a part of the debt before the remittance made to the debtor, cannot repeat the payment against the creditor.
ARTICLE 954.- Delivery of the thing given as a pledge. The restitution of the thing pledged to the debtor causes only the remission of the pledge, but not the remission of the debt.
SECTION 6
Impossibility of compliance
ARTICLE 955.- Definition. The supervening, objective, absolute and definitive impossibility of the provision, produced by fortuitous event or force majeure, extinguishes the obligation, without liability. If the impossibility occurs due to causes attributable to the debtor, the obligation modifies its
object and becomes the one to pay compensation for the damage caused.
ARTICLE 956.- Temporary impossibility. The supervening, objective, absolute and temporary impossibility of the provision has extinction effect when the term is essential, or when its duration frustrates the interest of the creditor in an irreversible way.
TITLE II
Contracts in general
CHAPTER 1
General disposition
ARTICLE 957.- Definition. Contract is the legal act by which two or more parties express their consent to create, regulate, modify, transfer or terminate legal patrimonial relationships.
ARTICLE 958.- Freedom of contract. The parties are free to enter into a contract and determine its content, within the limits imposed by law, public order, morality and good customs.
ARTICLE 959.- Binding effect. Any validly concluded contract is binding on the parties. Its content can only be modified or extinguished by agreement of the parties or in the cases in which the law provides for it.
ARTICLE 960.- Powers of the judges. The judges do not have the power to modify the stipulations of the contracts, except at the request of one of the parties when authorized by law, or ex officio when public order is manifestly affected.
ARTICLE 961.- Good faith. Contracts must be concluded, interpreted and executed in good faith. They oblige not only what is formally expressed, but also all the consequences that can be considered included in them, with the extent to which they would reasonably have been stated.
obliged a careful and foresighted contractor.
ARTICLE 962.- Character of the legal norms. The legal norms relating to contracts are supplementary to the will of the parties, unless their mode of expression, their content, or their context, makes them unavailable.
ARTICLE 963.- Normative priority. When provisions of this Code and of any special law concur, the rules apply with the following order of priority:
a) unavailable rules of the special law and of this Code;
b) particular rules of the contract;
c) supplementary rules of the special law;
d) supplementary rules of this Code.
ARTICLE 964.- Integration of the contract. The content of the contract is integrated with:
a) the unavailable rules, which are applied in substitution of the clauses incompatible with them;
b) supplementary rules;
c) the uses and practices of the venue, insofar as they are applicable because they have been declared mandatory by the parties or because they are widely known and regularly observed in the area in which the contract is entered into, unless their application is unreasonable.
ARTICLE 965.- Property rights. The rights resulting from the contracts are part of the property rights of the contractor.
EPISODE 2
Classification of contracts
ARTICLE 966.- Unilateral and bilateral contracts. Contracts are unilateral when one of the parties is bound by the other without the latter being bound. They are bilateral when the parties are reciprocally bound towards each other. The rules of bilateral contracts are
they apply additionally to plurilateral contracts.
ARTICLE 967.- Contracts for consideration and free of charge. Contracts are for consideration when the advantages they provide to one of the parties are granted by a service that she has made or is obliged to do to the other. They are free of charge when they insure one or
Another of the contracting parties has an advantage, independent of any provision in his charge.
ARTICLE 968.- Commutative and random contracts. Contracts for consideration are commutative when the advantages for all contracting parties are true. They are random, when the benefits or losses, for one of them or for all, depend on an event
uncertain.
ARTICLE 969.- Formal contracts. Contracts for which the law requires a form for their validity are void if the solemnity has not been satisfied. When the form required for contracts is only so that they produce their own effects, without penalty of nullity, no
They are concluded as such while the envisaged instrument has not been granted, but they are valid as contracts in which the parties are obliged to comply with the aforementioned formality. When the law or the parties do not impose a certain form, it must constitute only a means of
proof of the conclusion of the contract.
ARTICLE 970.- Nominated and unnamed contracts. The contracts are nominated and unnamed according to whether the law specifically regulates them or not. Unnamed contracts are governed, in the following order, by:
a) the will of the parties;
b) the general rules on contracts and obligations;
c) the uses and practices of the venue;
d) the provisions corresponding to the related nominated contracts that are compatible and fit their purpose.
CHAPTER 3
Consent formation
SECTION 1
Consent, offer and acceptance
ARTICLE 971.- Formation of consent. Contracts are concluded upon receipt of the acceptance of an offer or by a conduct of the parties that is sufficient to demonstrate the existence of an agreement.
ARTICLE 972.- Offer. The offer is the manifestation addressed to a specific or determinable person, with the intention of being bound and with the necessary details to establish the effects that it must produce if it is accepted.
ARTICLE 973.- Invitation to bid. The offer addressed to undetermined persons is considered an invitation to make offers, except that the offeror's intention to contract results from its terms or the circumstances of its issuance. In this case, it is understood
issued for the time and in the conditions admitted by the uses.
ARTICLE 974.- Mandatory force of the offer. The offer is binding on the proponent, unless the contrary results from its terms, the nature of the business or the circumstances of the case.
An offer made to a person present or made by an instant means of communication, without a deadline, can only be accepted immediately.
When it is done to a person who is not present, without a deadline for acceptance, the proponent is bound until such time as the receipt of the response, issued by the usual means of communication, can reasonably be expected.
The validity periods of the offer begin to run from the date of receipt, unless it contains a different provision.
ARTICLE 975.- Withdrawal of the offer. The offer addressed to a specific person may be retracted if the communication of its withdrawal is received by the recipient before or at the same time as the offer.
ARTICLE 976.- Death or incapacity of the parties. The offer expires when the proposer or the recipient of it dies or becomes incapacitated, before the receipt of its acceptance.
The one who accepted the offer ignoring the death or incapacity of the offeror, and who as a result of its acceptance has incurred expenses or suffered losses, has the right to claim its reparation.
ARTICLE 977.- Plurilateral contract. If the contract has to be concluded by several parties, and the offer emanates from different people, or is addressed to several recipients, there is no contract without the consent of all interested parties, except that the convention or the law authorizes the
most of them to celebrate it on behalf of all or allow its conclusion only among those who have consented to it.
ARTICLE 978.- Acceptance. For the contract to be concluded, the acceptance must express full agreement with the offer. Any modification to the offer that its recipient makes when expressing its acceptance, is not valid as such, but the proposal of a new contract matters,
but the modifications can be admitted by the offeror if he communicates it immediately to the acceptor.
ARTICLE 979.- Acceptance methods. Any declaration or act of the recipient that reveals conformity with the offer constitutes acceptance. Silence matters acceptance only when there is a duty to be issued, which may result from the will of the parties, the uses or the
practices that the parties have established between them, or a relationship between the current silence and the preceding statements.
ARTICLE 980.- Improvement. Acceptance perfects the contract:
a) between present, when it is manifested;
b) between absentees, if it is received by the bidder during the term of the offer.
ARTICLE 981.- Withdrawal of acceptance. The acceptance can be retracted if the communication of its withdrawal is received by the recipient before or at the same time as it.
ARTICLE 982.- Partial agreement. The partial agreements of the parties conclude the contract if all of them, with the appropriate formality, express their consent on the particular essential elements. In such a situation, the contract is integrated in accordance with
the rules of Chapter 1. In doubt, the contract is considered not concluded. The extension of a minute or a draft regarding any of the elements or all of them is not considered a partial agreement.
ARTICLE 983.- Receipt of the manifestation of the will. For the purposes of this Chapter, it is considered that the manifestation of the will of one party is received by the other when the latter knows it or should have known it, be it verbal communication, receipt at his home of a
relevant instrument, or otherwise useful.
SECTION 2
Contracts entered into by adhering to predisposed general clauses
ARTICLE 984.- Definition. The adhesion contract is one by which one of the contracting parties adheres to general clauses predisposed unilaterally, by the other party or by a third party, without the adherent having participated in its drafting.
ARTICLE 985.- Requirements. The general clauses predisposed must be understandable and self-sufficient.
The wording must be clear, complete and easily legible.
Those that carry out a forwarding to texts or documents that are not provided to the counterpart of the predisposing party, prior or simultaneously to the conclusion of the contract, are considered not agreed.
This provision is applicable to telephone, electronic or similar contracting.
ARTICLE 986.- Particular clauses. The particular clauses are those that, negotiated individually, expand, limit, suppress or interpret a general clause. In case of incompatibility between general and particular clauses, the latter prevail.
ARTICLE 987.- Interpretation. Ambiguous clauses predisposed by one of the parties are interpreted in the opposite direction to the predisposing party.
ARTICLE 988.- Abusive clauses. In the contracts provided for in this section, the following must be considered unwritten:
a) the clauses that distort the obligations of the predisposer;
b) those that import waiver or restriction of the rights of the adherent, or extend the rights of the predisposer that result from supplementary norms;
c) those that, due to their content, writing or presentation, are not reasonably foreseeable.
ARTICLE 989.- Judicial control of abusive clauses. The administrative approval of the general clauses does not impede their judicial control. When the judge declares the partial nullity of the contract, he must simultaneously integrate it, if it cannot survive without compromising its purpose.
SECTION 3
Contractual agreements
ARTICLE 990.- Freedom of negotiation. The parties are free to promote negotiations aimed at the formation of the contract, and to abandon them at any time.
ARTICLE 991.- Duty of good faith. During the preliminary negotiations, and even if an offer has not been made, the parties must act in good faith so as not to unreasonably frustrate them. The breach of this duty generates the responsibility to compensate the damage suffered by the
affected by having trusted, without his fault, in the conclusion of the contract.
ARTICLE 992.- Duty of confidentiality. If during the negotiations, one of the parties provides the other with confidential information, the recipient has the duty not to reveal it and not to use it inappropriately in his own interest. The party that breaches this duty
it is obliged to repair the damage suffered by the other and, if it has obtained an undue advantage from the confidential information, it is obliged to compensate the other party to the extent of its own enrichment.
ARTICLE 993.- Letters of intent. The instruments by which a part, or all of them, express a consent to negotiate on certain bases, limited to matters relating to a future contract, are of restrictive interpretation. They only have the binding force of
the offer if they meet your requirements.
SECTION 4
Preliminary contracts
ARTICLE 994.- General provisions. The preliminary contracts must contain the agreement on the particular essential elements that identify the definitive future contract.
The term of validity of the promises provided in this Section is one year, or the lesser agreed by the parties, who can renew it upon expiration.
ARTICLE 995.- Promise to enter into a contract. The parties may agree to the obligation to enter into a future contract. The future contract cannot be of those for which a form is required under sanction of nullity. The regime of obligations to do is applicable.
ARTICLE 996.- Option contract. The contract that contains an option to conclude a definitive contract, gives the beneficiary the irrevocable right to accept it. It can be free or expensive, and you must observe the form required for the final contract. It is not transmissible to a
third, unless it is so stipulated.
SECTION 5
Preference agreement and contract subject to compliance
ARTICLE 997.- Preference Agreement. The preference agreement generates an obligation to be made by one of the parties, who if he decides to enter into a future contract, must do so with the other or the other parties. In the case of social participations of any nature, of
condominium, of parties in associative contracts or similar, the pact can be reciprocal. The rights and obligations derived from this pact are transferable to third parties with the modalities that are stipulated.
ARTICLE 998.- Effects. The grantor of the preference must send a statement to his or her beneficiaries, with the requirements of the offer, communicating his decision to enter into the new contract, if applicable in accordance with the stipulations of the pact. The contract remains
concluded with the acceptance of the beneficiary or beneficiaries.
ARTICLE 999.- Contract subject to conformity. The contract whose completion depends on an agreement or an authorization is subject to the rules of the suspensive condition.
CHAPTER 4
Inability and inability to contract
ARTICLE 1000.- Effects of the nullity of the contract. Once the nullity of the contract entered into by the incapable person or with restricted capacity has been declared, the capable party has no right to demand the restitution or reimbursement of what he has paid or spent, except if the contract
enriched the party incapable or with restricted capacity and as soon as it has become enriched.
ARTICLE 1001.- Disabilities to contract. They cannot hire, in their own interest or that of others, as the case may be, those who are prevented from doing so in accordance with special provisions. Contracts whose celebration is prohibited to certain subjects cannot be
granted by a third party.
ARTICLE 1002.- Special disabilities. They cannot contract in their own interest:
a) public officials, with respect to assets whose administration or disposal they are or have been in charge of;
b) Judges, officials and assistants of justice, arbitrators and mediators, and their assistants, with respect to property related to processes in which they intervene or have intervened;
c) lawyers and solicitors, with respect to disputed assets in processes in which they intervene or have intervened;
d) the spouses, under the community regime, among themselves.
Executors who are not heirs cannot enter into a sales contract on the estate of the testamentary that are in their charge.
CHAPTER 5
Object
ARTICLE 1003.- General provisions. The provisions of Section 1, Chapter 5, Title IV of Book One of this Code apply to the object of the contract. It must be lawful, possible, determined or determinable, capable of economic valuation and correspond to an interest
of the parties, even when it is not patrimonial.
ARTICLE 1004.- Prohibited objects. Facts that are impossible or prohibited by law, are contrary to morality, public order, the dignity of the human person, or harmful to the rights of others cannot be the object of contracts; nor the goods that for a
special reason is forbidden to be. When they have as their object rights over the human body, articles 17 and 56 apply.
ARTICLE 1005.- Determination. When the object refers to goods, they must be determined in their kind or gender as the case may be, even if they are not in their quantity, if this can be determined. It is determinable when sufficient criteria are established for its
individualization.
ARTICLE 1006.- Determination by a third party. The parties may agree that the determination of the object be carried out by a third party. In the event that the third party does not make the choice, it is impossible or has not observed the criteria expressly established by the parties or by
uses and customs, you can resort to judicial determination, a request that must be processed by the shortest procedure provided by procedural legislation.
ARTICLE 1007.- Existing and future assets. Future assets can be the subject of contracts. The promise to transmit them is subordinate to the condition that they come into being, except in the case of random contracts.
ARTICLE 1008.- Foreign assets. The property of others may be the subject of contracts. If the one who promises to transmit them has not guaranteed the success of the promise, he is only obliged to use the necessary means for the provision to be carried out and, if due to his fault, the good is not
transmits, you must repair the damage caused. You must also compensate them when you have guaranteed the promise and it is not fulfilled.
The one who has contracted on other people's property as his own is responsible for the damages if he does not deliver them.
ARTICLE 1009.- Assets in dispute, encumbered, or subject to precautionary measures. Assets in dispute, encumbered, or subject to precautionary measures, may be the subject of contracts, without prejudice to the rights of third parties.
Who in bad faith contracts on those goods as if they were free must repair the damages caused to the other party if the latter has acted in good faith.
ARTICLE 1010.- Future inheritance. Future inheritance cannot be the object of contracts, nor can eventual hereditary rights over particular objects, except as provided in the following paragraph or other express legal provision.
The agreements related to a productive exploitation or corporate participations of any kind, with a view to the preservation of the business management unit or the prevention or resolution of conflicts, may include provisions referring to future hereditary rights and
establish compensation in favor of other heirs. These agreements are valid, whether or not the future causer and his spouse are party, if they do not affect the legitimate inheritance, the rights of the spouse, or the rights of third parties.
ARTICLE 1011.- Long-term contracts. In long-term contracts, time is essential for the fulfillment of the object, so that the effects desired by the parties are produced or the need that induced them to contract is satisfied.
The parties must exercise their rights in accordance with a duty of collaboration, respecting the reciprocity of the obligations of the contract, considered in relation to the total duration.
The party that decides the termination must give the other a reasonable opportunity to renegotiate in good faith, without incurring in the abusive exercise of rights.
CHAPTER 6
Cause
ARTICLE 1012.- General provisions. The provisions of Section 2, Chapter 5, Title IV, First Book of this Code apply to the cause of the contracts.
ARTICLE 1013.- Necessity. The cause must exist in the formation of the contract and during its execution and subsist during its execution. The lack of cause gives rise, depending on the case, to the nullity, adaptation or termination of the contract.
ARTICLE 1014.- Unlawful cause. The contract is void when:
a) its cause is contrary to morality, public order or good customs;
b) both parties have concluded it for a common wrongful or immoral motive. If only one of them has acted for an illegal or immoral motive, they do not have the right to invoke the contract against the other, but the latter can claim what they have given, without obligation to comply with what they have offered.
CHAPTER 7
Shape
ARTICLE 1015.- Freedom of forms. Only the contracts to which the law imposes a certain form are formal.
ARTICLE 1016.- Modifications to the contract. The formality required for the conclusion of the contract also applies to the subsequent modifications that are introduced, except that they relate only to accessory or secondary stipulations, or that there is a legal provision.
otherwise.
ARTICLE 1017.- Public deed. They must be granted by public deed:
a) Contracts whose purpose is the acquisition, modification or termination of real property rights. The cases in which the act is carried out by auction resulting from judicial or administrative execution are excepted;
b) contracts that have dubious or litigious rights over real estate as their object;
c) all acts that are accessory to other contracts granted in public deed;
d) the other contracts that, by agreement of the parties or provision of the law, must be granted in public deed.
ARTICLE 1018.- Pending granting of the instrument. The pending granting of a planned instrument constitutes an obligation to do if the future contract does not require a form under sanction of nullity. If the party sentenced to grant it is remiss, the judge does so in his
representation, provided that the considerations are fulfilled, or compliance is assured.
CHAPTER 8
Proof
ARTICLE 1019.- Means of proof. Contracts can be proven by all means suitable to reach a reasonable conviction according to the rules of sound criticism, and in accordance with the provisions of procedural laws, except legal provision that establishes a means
special.
Contracts that are of instrumental use cannot be proven exclusively by witnesses.
ARTICLE 1020.- Proof of formal contracts. Contracts in which formality is required for evidentiary purposes can be proven by other means, including by witnesses, if it is impossible to obtain proof that the formality has been fulfilled or if there is
beginning of instrumental test, or beginning of performance.
Any instrument that emanates from the other party, its deceased or interested party in the matter, which makes the existence of the contract credible, is considered a principle of instrumental evidence.
CHAPTER 9
Effects edit
SECTION 1
Relative effect
ARTICLE 1021.- General rule. The contract only has effect between the contracting parties; it does not have it with respect to third parties, except in the cases provided by law.
ARTICLE 1022.- Situation of third parties. The contract does not give rise to obligations by third parties, nor do third parties have the right to invoke it to enforce obligations that they have not agreed upon, except for legal provision.
ARTICLE 1023.- Part of the contract. It is considered part of the contract who:
a) He grants it in his own name, even if he does so in the interest of others;
b) is represented by a grantor acting in its name and interest;
c) manifests the contractual will, even if it is transmitted by a broker or by an agent without representation.
ARTICLE 1024.- Universal successors. The effects of the contract extend, actively and passively, to universal successors, unless the obligations arising from it are inherent to the person, or the transmission is incompatible with the nature of the obligation, or is
prohibited by a clause of the contract or the law.
SECTION 2
Incorporation of third parties to the contract
ARTICLE 1025.- Contracting on behalf of a third party. Whoever hires on behalf of a third party only obliges him if he exercises his representation. In the absence of sufficient representation, the contract is ineffective. The express or tacit ratification of the third party makes up for the lack of representation; the execution
implies tacit ratification.
ARTICLE 1026.- Promise of the act of a third party. Whoever promises the fact of a third party is obliged to do what is reasonably necessary for the third party to accept the promise. If you have guaranteed that the promise is accepted, you are obliged to obtain it and respond personally
in case of refusal.
ARTICLE 1027.- Stipulation in favor of a third party. If the contract contains a stipulation in favor of a third party beneficiary, determined or determinable, the promisor confers on it the rights or powers resulting from what has been agreed with the stipulator. The stipulator may
revoke the stipulation while not receiving the acceptance of the third beneficiary; but it cannot do so without the agreement of the promisor if the latter has an interest in its being maintained. The third party acceptor directly obtains the rights and powers resulting from the stipulation to
your favor. The powers of the third beneficiary to accept the stipulation, and to take advantage of it after having accepted it, are not transferred to their heirs, unless there is an express clause that authorizes it. The stipulation is of restrictive interpretation.
ARTICLE 1028.- Relations between the parties. The promisor may oppose the third party defenses derived from the basic contract and those based on other relationships with him.
The stipulator can:
a) require the promisor to comply with the provision, either in favor of the accepting third beneficiary, or in his favor if the third party did not accept it or the stipulator revoked it;
b) terminate the contract in the event of non-compliance, without prejudice to the rights of the third beneficiary.
ARTICLE 1029.- Contract for a person to be appointed. Any party may reserve the right to subsequently designate a third party to assume its contractual position, except if the contract cannot be entered into by means of a representative, or the determination of the
subjects is indispensable.
The assumption of the contractual position occurs retroactively to the date of the contract, when the third party accepts the nomination and its acceptance is communicated to the party that did not make the reservation. This communication must take the same form as the contract, and be made
within the stipulated period or, failing that, within fifteen days from its celebration.
As long as there is no acceptance by the third party, the contract produces effects between the parties.
ARTICLE 1030.- Contract on behalf of whoever corresponds. The contract entered into on behalf of the person concerned is subject to the rules of the suspensive condition. The third party assumes the contractual position when the fact that determines it as the beneficiary of the
contract.
SECTION 3
Suspension of performance and force majeure
ARTICLE 1031.- Suspension of compliance. In bilateral contracts, when the parties must comply simultaneously, one of them may suspend the performance of the provision, until the other complies or offers to comply. Suspension can be judicially deducted
as an action or as an exception. If the provision is in favor of several interested parties, the part due to each one may be suspended until the full execution of the consideration.
ARTICLE 1032.- Preventive guardianship. A party may suspend its own performance if its rights are seriously threatened with harm because the other party has suffered a significant impairment in its ability to perform, or in its solvency. Suspension is void
when the other party complies or gives sufficient assurance that compliance will be carried out.
SECTION 4
Obligation of reorganization
Paragraph 1
General disposition
ARTICLE 1033.- Responsible parties. They are obliged to sanitation:
a) the transferor of goods for consideration;
b) who has divided assets with others;
c) their respective ancestors, if they have made the corresponding transfer for consideration.
ARTICLE 1034.- Guarantees included in the obligation of reorganization. The person obliged to reorganize guarantees for eviction and hidden defects in accordance with the provisions of this Section, without prejudice to the special regulations.
ARTICLE 1035.- Acquisition free of charge. The acquirer, free of charge, may exercise the remedial liability actions corresponding to his predecessors for his benefit.
ARTICLE 1036.- Availability. The responsibility for sanitation exists even if it has not been stipulated by the parties. These can increase, decrease or suppress it, without prejudice to the provisions of the following article.
ARTICLE 1037.- Interpretation of the suppression and reduction of liability for sanitation. The clauses of suppression and reduction of liability for sanitation are of restrictive interpretation.
ARTICLE 1038.- Cases in which they are considered not agreed. The suppression and reduction of liability for sanitation are considered not agreed in the following cases:

a) If the transferor knew, or should have known, the danger of eviction, or the existence of vices;
b) if the transferor acts professionally in the activity to which the transfer corresponds, unless the acquirer also performs professionally in that activity.
ARTICLE 1039.- Responsibility for sanitation. The creditor of the obligation of reorganization has the right to choose between:
a) claim the correction of the title or the rectification of the vices;
b) claim an equivalent good, if it is fungible;
Page 7
c) declare the termination of the contract, except in the cases provided for by articles 1050 and 1057.
ARTICLE 1040.- Liability for damages. The creditor of the obligation of reorganization also has the right to compensation for damages in the cases provided for in article 1039, except:
a) if the purchaser knew, or could have known the danger of eviction or the existence of vices;
b) if the transferor did not know, nor could he know, the danger of eviction or the existence of vices;
c) if the transfer was made at the risk of the acquirer;
d) if the acquisition results from a judicial or administrative auction.
The exemption from liability for damages provided for in sections a) and b) cannot be invoked by the transferor who acts professionally in the activity to which the transfer corresponds, unless the acquirer also performs professionally in that activity.
ARTICLE 1041.- Plurality of goods. In cases where the liability for reorganization results from the sale of several assets, the following rules apply:
a) if they were sold as a whole, it is indivisible;
b) If they were sold separately, it is divisible, even if there has been a single consideration.
Where appropriate, the provisions applicable to accessory items govern.
ARTICLE 1042.- Plurality of subjects. Those who have responsibility for reorganization by virtue of successive disposals are competing. If the property has been sold simultaneously by several co-owners, they only respond in proportion to their share.
undivided, unless their solidarity has been agreed.
ARTICLE 1043.- Ignorance or error. The person obliged to reorganization cannot invoke his ignorance or error, except as otherwise stipulated.
Paragraph 2
Liability for eviction
ARTICLE 1044.- Content of the responsibility for eviction. The responsibility for eviction ensures the existence and legitimacy of the transmitted right, and extends to:
a) Any violation of the right, total or partial, that falls on the property, due to causes prior or contemporaneous with the acquisition;
b) claims from third parties based on rights resulting from intellectual or industrial property, except if the transferor complied with specifications provided by the acquirer;
c) the disturbances in fact caused by the transferor.
ARTICLE 1045.- Exclusions. Liability for eviction does not include:
a) Factual disturbances caused by third parties unrelated to the transferor;
b) violations of law arising from a legal provision;
c) the eviction resulting from a right of origin prior to the transfer, and subsequently consolidated. However, the court may deviate from this provision if there is a disproportionate economic imbalance.
ARTICLE 1046.- Citation for eviction. If a third party sues the purchaser in a process that may result in the eviction of the thing, the guarantor summoned to trial must appear under the terms of the procedural law. The acquirer can continue to act in the process.
ARTICLE 1047.- Defense expenses. The guarantor must pay the purchaser the expenses that he has faced for the defense of his rights. However, the acquirer cannot collect them, or make any other claim if:
a) did not summon the guarantor to the process;
b) summoned the guarantor, and although he acquiesced, continued with the defense and was defeated.
ARTICLE 1048.- Cessation of responsibility. In cases where the judicial process is promoted, the responsibility for eviction ceases:
a) If the purchaser does not quote the guarantor, or does so after the expiration of the term established by the procedural law;
b) if the guarantor does not appear at the judicial process, and the purchaser, acting in bad faith, does not oppose the pertinent defenses, does not support them, or does not file or does not pursue the ordinary remedies available to him against the unfavorable ruling;
c) if the acquirer acquiesces to the demand without the consent of the guarantor; or you submit the matter to arbitration and the award is unfavorable.
However, the responsibility subsists if the purchaser proves that, because there was no fair opposition to make to the winner's right, the timely summons of the guarantor for eviction, or the filing or substantiation of the appeals, were useless; or that the search or the award
unfavorable are adjusted to law.
ARTICLE 1049.- Regime of shares. The creditor of the responsibility has the right to declare the resolution:
a) if the defects in the title affect the value of the asset to such an extent that, if it had been known, the acquirer would not have acquired it, or its consideration would have been significantly lower;
b) if a judgment or award produces eviction.
ARTICLE 1050.- Acquisitive prescription. When the acquirer's right is sanitized by the expiration of the acquisitive prescription period, the liability for eviction is extinguished.
Paragraph 3
Liability for hidden defects
ARTICLE 1051.- Content of responsibility for hidden defects. Liability for hidden defects extends to:
a) defects not included in the exclusions of article 1053;
b) Redhibitory vices, considering such defects that make the thing unsuitable for its destination for structural or functional reasons, or diminish its usefulness to such an extent that, had it been known, the purchaser would not have acquired it, or its consideration would have been
significantly less.
ARTICLE 1052.- Conventional extension of the guarantee. A defect is considered to be a redhibitory vice:
a) if stipulated by the parties with reference to certain specific defects, even though the purchaser should have known about them;
b) if the transferor guarantees the absence of defects, or a certain quality of the thing transferred, even though the acquirer should have known the defect or lack of quality;
c) If the person involved in the manufacture or marketing of the thing grants special guarantees. However, unless otherwise stipulated, the purchaser may choose to exercise the rights resulting from the guarantee in accordance with the terms in which it was granted.
ARTICLE 1053.- Exclusions. Liability for hidden defects does not include:
a) The defects of the asset that the purchaser knew, or should have known through an examination appropriate to the circumstances of the case at the time of acquisition, unless it has made an express reservation regarding them. If it has special characteristics of complexity, and the
The possibility of knowing the defect requires a certain scientific or technical preparation, to determine this possibility, the uses of the place of delivery are applied;
b) defects of the good that did not exist at the time of acquisition. Proof of its existence rests with the acquirer, except if the transferor acts professionally in the activity to which the transfer corresponds.
ARTICLE 1054.- Exercise of responsibility for hidden defects. The purchaser has the burden of expressly reporting the existence of the hidden defect to the guarantor within sixty days of having manifested itself. If the defect manifests itself gradually, the term is counted
since the acquirer could notice it. Failure to comply with this charge extinguishes the responsibility for hidden defects, unless the transferor has known or should have known, the existence of the defects.
ARTICLE 1055.- Expiration of the guarantee for hidden defects. Liability for hidden defects expires:
a) If the thing is real, when three years have elapsed since it was received;
b) If the thing is movable, when six months have elapsed since it was received or put into operation.
These terms can be conventionally increased.
The prescription of the action is subject to the provisions of Book Six.
ARTICLE 1056.- Regime of shares. The creditor of the guarantee has the right to declare the termination of the contract:
a) if it is a redhibitory vice;
b) if there was a conventional extension of the guarantee.
ARTICLE 1057.- Correctable defect. The purchaser does not have the right to terminate the contract if the defect is rectifiable, the guarantor offers to correct it and he does not accept it. Damage repair is safe.
ARTICLE 1058.- Loss or deterioration of the thing. If the thing perishes totally or partially because of its defects, the guarantor bears its loss.
SECTION 5
Sign
ARTICLE 1059.- General provisions. The delivery of a signal or deposit is interpreted as confirming the act, except that the parties agree to the power to repent; in this case, whoever gave the signal loses it to the benefit of the other, and whoever received it, must return it doubled.
ARTICLE 1060.- Modality. As a down payment, money or movable things can be given. If it is of the same kind as what must be given by the contract, the signal is taken as part of the provision if the contract is fulfilled; but not if she is of a different species or if the obligation
it is to do or not to do.
CHAPTER 10
Interpretation
ARTICLE 1061.- Common intention. The contract must be interpreted in accordance with the common intention of the parties and the principle of good faith.
ARTICLE 1062.- Restrictive interpretation. When a restrictive interpretation is expressly established by legal or conventional provision, the literality of the terms used when expressing the will must be followed. This article does not apply to the obligations of the
predisposing party and provider in adhesion contracts and consumer contracts, respectively.
ARTICLE 1063.- Meaning of the words. The words used in the contract must be understood in the sense that the general use gives them, except that they have a specific meaning that arises from the law, the agreement of the parties or the uses and practices of the place of celebration
in accordance with the criteria provided for the integration of the contract.
The same rules apply to behaviors, signs and non-verbal expressions with which consent is expressed.
ARTICLE 1064.- Contextual interpretation. The clauses of the contract are interpreted one through the other, and attributing the appropriate meaning to the act as a whole.
ARTICLE 1065.- Sources of interpretation. When the meaning of words interpreted contextually is not enough, they should be taken into consideration:
a) the circumstances in which it was held, including preliminary negotiations;
b) the conduct of the parties, including that after its conclusion;
c) the nature and purpose of the contract.
ARTICLE 1066.- Principle of conservation. If there is doubt about the effectiveness of the contract, or of any of its clauses, it must be interpreted in the sense of giving them effect. If this results from several possible interpretations, it is appropriate to understand them with the most appropriate scope for the purpose of the
contract.
ARTICLE 1067.- Protection of trust. The interpretation must protect the trust and loyalty that the parties owe each other, being inadmissible the contradiction with a legally relevant, prior and proper conduct of the same subject.
ARTICLE 1068.- Dark expressions. When, despite the rules contained in the previous articles, doubts persist, if the contract is free of charge, it must be interpreted in the least burdensome sense for the obligor and, if it is for onerous title, in the sense that it produces a
equitable adjustment of the interests of the parties.
CHAPTER 11
Subcontract
ARTICLE 1069.- Definition. The subcontract is a new contract whereby the subcontractor creates in favor of the subcontractor a new contractual position derived from the one he has in the main contract.
ARTICLE 1070.- General provision. In contracts with pending benefits, these can be subcontracted, in whole or in part, unless they are obligations that require personal benefits.
ARTICLE 1071.- Actions of the subcontractor. The subcontractor has:
a) of the actions arising from the subcontract, against the subcontractor;
b) of the actions that correspond to the subcontractor, against the other party to the main contract, to the extent that the fulfillment of the obligations of the latter with respect to the subcontractor is pending. These direct actions are governed by the provisions of articles 736, 737 and
738.
ARTICLE 1072.- Actions of the party that has not entered into the subcontract. The party that has not entered into the subcontract maintains the actions arising from the main contract against the subcontractor.
You also have those that correspond to the subcontractor against the subcontractor, and you can exercise them in your own name and interest.
CHAPTER 12
Related contracts
ARTICLE 1073.- Definition. There is a connection when two or more autonomous contracts are linked to each other by a previously established common economic purpose, so that one of them has been decisive for the other for the achievement of the desired result. Is
Purpose may be established by law, expressly agreed, or derived from the interpretation, in accordance with the provisions of article 1074.
ARTICLE 1074.- Interpretation. Related contracts must be interpreted one through the other, attributing to them the appropriate meaning that arises from the group of contracts, their economic function and the desired result.
ARTICLE 1075.- Effects. Depending on the circumstances, once the connection has been proven, a contractor may oppose the exceptions of total, partial or defective non-compliance, even in the face of non-performance of obligations outside his contract. Considering the principle of conservation, the same
rule applies when the termination of one of the contracts causes the frustration of the common economic purpose.
CHAPTER 13
Termination, modification and adaptation of the contract
ARTICLE 1076.- Bilateral termination. The contract can be terminated by bilateral termination. This termination, unless otherwise stipulated, only produces effects for the future and does not affect the rights of third parties.
ARTICLE 1077.- Extinction by declaration of one of the parties. The contract may be totally or partially terminated by the declaration of one of the parties, by unilateral termination, revocation or resolution, in cases in which the same contract, or the law, attributes this to it.
faculty.
ARTICLE 1078.- General provisions for termination by declaration of one of the parties. Except for legal or conventional provision to the contrary, the following general rules apply to unilateral termination, revocation and resolution:
a) the right is exercised by communication to the other party. Communication must be directed by all the subjects that make up one party against all the subjects that make up the other;
b) the termination of the contract can be declared out of court or sued before a judge. The lawsuit can be initiated even if the corresponding previous request has not been completed; in such a situation, subsection f) applies;
c) the other party may oppose the termination if, at the time of the declaration, the declarant has not fulfilled, or is not in a position to fulfill, the service that he had to perform in order to exercise the power to terminate the contract;
d) the termination of the contract is not affected by the impossibility of restitution of the party that did not declare it;
e) the party that has the right to terminate the contract may choose to require its performance and repair of damages. This claim does not prevent the subsequent deduction of a termination claim;
f) the communication of the termination declaration of the contract produces its extinction of full right, and subsequently compliance can not be demanded nor does the right to comply subsist. But, in cases where a prior requirement is necessary, if the demand for
extinction without having intimidated, the defendant has the right to comply until the expiration of the term of summons;
g) the claim before a court for termination of the contract prevents the subsequent deduction of a performance claim;
h) the termination of the contract leaves the stipulations referring to restitution, the repair of damages, the solution of controversies and any other that regulates the rights and obligations of the parties after termination.
ARTICLE 1079.- Operation of the effects of termination by declaration of one of the parties. Except legal provision to the contrary:
a) unilateral termination and revocation produce effects only for the future;
b) the resolution produces retroactive effects between the parties, and does not affect the right acquired for consideration by third parties in good faith.
ARTICLE 1080.- Restitution in cases of extinction by declaration of one of the parties. If the contract is fully or partially terminated by unilateral termination, by revocation or by termination, the parties must return, as appropriate, what they have received in
reason for the contract, or its value, in accordance with the rules of the obligations to give to restore, and as provided in the following article.
ARTICLE 1081.- Bilateral contract. In the case of the termination of a bilateral contract:
a) restitution must be reciprocal and simultaneous;
b) the benefits performed remain firm and produce their effects as soon as they are equivalent, if they are divisible and have been received without reservation regarding the cancellation effect of the obligation;
c) In order to estimate the value of the creditor's refunds, the advantages that result or may result from not having performed the service itself, its frustrated utility and, where appropriate, other damages are taken into account.
ARTICLE 1082.- Reparation of the damage. The repair of the damage, when appropriate, is subject to these provisions:
a) the damage must be repaired in the cases and with the scope established in this Chapter, in Title V of this Book, and in the special provisions for each contract;
b) The repair includes the total or partial reimbursement, as appropriate, of the expenses generated by the conclusion of the contract and the taxes that have been levied;
c) if the penal clause has been agreed, it is applied with the scope established in articles 790 et seq.
ARTICLE 1083.- Total or partial resolution. One party has the power to fully or partially terminate the contract if the other party breaches it. But the rights to declare the total resolution or the partial resolution are exclusive, therefore, having opted for one of them, no
you can then exercise the other. If the debtor has performed a partial performance, the creditor can only fully terminate the contract if he has no interest in the partial performance.
ARTICLE 1084.- Configuration of the breach. For the purposes of resolution, the breach must be essential in view of the purpose of the contract. It is considered essential when:
a) strict performance of the provision is essential within the context of the contract;
b) the timely fulfillment of the provision is a condition of maintaining the interest of the creditor;
c) non-compliance deprives the injured party of what they substantially have the right to expect;
d) the breach is intentional;
e) the breach has been announced by a serious and definitive manifestation of the debtor to the creditor.
ARTICLE 1085.- Conversion of the demand for compliance. The sentence that condemns compliance carries the implicit warning that, in the event of non-compliance, in the execution process, the creditor has the right to opt for the termination of the contract, with the effects
provided for in article 1081.
ARTICLE 1086.- Express resolution clause. The parties may expressly agree that the resolution occurs in the event of duly identified generic or specific breaches. In this case, the resolution takes effect as soon as the interested party communicates
to the non-compliant in a reliable way their will to resolve.
ARTICLE 1087.- Implicit resolution clause. In bilateral contracts, the resolution clause is implicit and is subject to the provisions of articles 1088 and 1089.
ARTICLE 1088.- Budgets of the resolution by implicit resolution clause. The resolution by implicit resolution clause requires:
a) A breach of the terms of Article 1084. If it is partial, it must substantially deprive the party of what the party was reasonably entitled to expect by reason of the contract;
b) that the debtor is in default;
c) that the creditor summons the debtor, under express warning of the total or partial resolution of the contract, to comply within a period of not less than fifteen days, except that the uses, or the nature of the provision, result in the origin of a minor one. The resolution occurs from
full right at the expiration of said term. Said requirement is not necessary if an essential period for compliance has expired, if the non-compliant party has expressed its decision not to comply, or if compliance is impossible. In such cases, the total or partial resolution
of the contract occurs when the creditor declares it and the communication is received by the other party.
ARTICLE 1089.- Resolution by operation of law. The requirement provided in article 1088 is not necessary in cases where the law empowers the party to unilaterally declare the termination of the contract, without prejudice to special provisions.
ARTICLE 1090.- Frustration of the purpose. The definitive frustration of the purpose of the contract authorizes the injured party to declare its termination, if it has its cause in an extraordinary alteration of the circumstances existing at the time of its conclusion, unrelated to the
parties and that exceeds the risk assumed by which it is affected. The resolution is operative when this party communicates its termination declaration to the other. If the frustration of the purpose is temporary, there is the right to resolution only if the timely fulfillment of an obligation is prevented.
whose execution time is essential.
ARTICLE 1091.- Unpredictability. If in a commutative contract of deferred or permanent execution, the provision by one of the parties becomes excessively onerous, due to an extraordinary alteration of the circumstances existing at the time of its execution, supervening by
causes beyond the control of the parties and the risk assumed by the affected party, the latter has the right to raise extrajudicially, or request before a judge, by action or as an exception, the total or partial resolution of the contract, or its adaptation. The same rule applies to the third party to whom they have been
conferred rights, or assigned obligations, resulting from the contract; and to the random contract if the benefit becomes excessively onerous for reasons beyond its own control.
TITLE III
Consumer contracts
CHAPTER 1
Consumption ratio
ARTICLE 1092.- Consumption relationship. Consumer. Consumer relationship is the legal link between a supplier and a consumer. Consumer is considered to be the human or legal person who acquires or uses, free or onerous, goods or services as a recipient
final, for their own benefit or that of their family or social group.
It is equated to the consumer who, without being part of a consumer relationship as a consequence or on the occasion of it, acquires or uses goods or services, free or onerous, as a final recipient, for their own benefit or that of their family or social group.
ARTICLE 1093.- Consumer contract. Consumer contract is the one entered into between a consumer or end user with a human or legal person acting professionally or occasionally or with a company that produces goods or services, public or private, that
Its object is the acquisition, use or enjoyment of goods or services by consumers or users, for their private, family or social use.
ARTICLE 1094.- Interpretation and normative priority. The norms that regulate consumer relations must be applied and interpreted in accordance with the principle of consumer protection and that of access to sustainable consumption.
In case of doubt about the interpretation of this Code or the special laws, the one most favorable to the consumer prevails.
ARTICLE 1095.- Interpretation of the consumer contract. The contract is interpreted in the most favorable sense for the consumer. When there are doubts about the scope of its obligation, the one that is less burdensome is adopted.
EPISODE 2
Consent formation
SECTION 1
Abusive practices
ARTICLE 1096.- Scope of application. The rules of this Section and of Section 2 of this Chapter are applicable to all persons exposed to commercial practices, determinable or not, whether they are consumers or equated subjects in accordance with the provisions of article
1092.
ARTICLE 1097.- Dignified treatment. Suppliers must guarantee conditions of care and dignified treatment for consumers and users. The dignity of the person must be respected in accordance with the general criteria that arise from human rights treaties. Providers
they must refrain from engaging in conduct that places consumers in embarrassing, humiliating or intimidating situations.
ARTICLE 1098.- Equitable and non-discriminatory treatment. Suppliers must treat consumers fairly and nondiscriminatory. They cannot establish differences based on guidelines contrary to the constitutional guarantee of equality, especially that of the nationality of
the consumers.
ARTICLE 1099.- Freedom to contract. Practices that limit the consumer's freedom to contract are prohibited, especially those that subordinate the provision of products or services to the simultaneous acquisition of others, and other similar ones that pursue the same objective.
SECTION 2
Information and advertising directed at consumers
ARTICLE 1100.- Information. The supplier is obliged to provide information to the consumer in a certain and detailed manner, regarding everything related to the essential characteristics of the goods and services it provides, the conditions of its commercialization and all other
relevant circumstance for the contract. The information must always be free of charge for the consumer and provided with the necessary clarity to enable it to be understood.
ARTICLE 1101.- Advertising. Any advertising that:
a) contains false indications or of such a nature that they induce or may mislead the consumer, when they fall on essential elements of the product or service;
b) make comparisons of goods or services when they are of such a nature as to mislead the consumer;
c) is abusive, discriminatory or induces the consumer to behave in a way that is detrimental or dangerous for their health or safety.
ARTICLE 1102.- Actions. Consumers affected or those who are legally entitled can request the judge: the cessation of illegal advertising, the publication, by the defendant, of corrective advertisements and, where appropriate, of the conviction.
ARTICLE 1103.- Effects of advertising. The details made in advertising or in advertisements, prospectuses, circulars or other means of dissemination are considered included in the contract with the consumer and are binding on the offeror.
CHAPTER 3
Special modalities
ARTICLE 1104.- Contracts celebrated outside the commercial establishments. The one that results from an offer or proposal on a good or service concluded in the
domicile or workplace of the consumer, on public roads, or by means of correspondence, those that result from a call to the consumer or user to the establishment of the provider or to another site, when the objective of said call is totally or partially different from that of
hiring, or it is a prize or gift.
ARTICLE 1105.- Contracts concluded remotely. Contracts concluded at a distance are those concluded between a supplier and a consumer with the exclusive use of remote communication means, understood as those that can be used without physical presence.
simultaneous of the contracting parties. In particular, postal, electronic and telecommunications media are considered, as well as radio, television or press services.
ARTICLE 1106.- Use of electronic means. Whenever this Code or special laws require that the contract be in writing, this requirement must be understood to be satisfied if the contract with the consumer or user contains electronic support or other technology.
Similary.
ARTICLE 1107.- Information on electronic media. If the parties use electronic or similar communication techniques to conclude a distance consumer contract, the supplier must inform the consumer, in addition to the minimum content of the contract and
the power to revoke, all the data necessary to correctly use the chosen medium, to understand the risks derived from its use, and to be absolutely clear about who assumes those risks.
ARTICLE 1108.- Offers by electronic means. Contract offers by electronic or similar means must be valid for the period set by the offeror or, failing that, for as long as they remain accessible to the recipient. The bidder must
confirm electronically and without delay the arrival of acceptance.
ARTICLE 1109.- Place of performance. In contracts concluded outside commercial establishments, remotely, and using electronic or similar means, the place of performance is considered to be the place where the consumer received or should have received the service. That
place fixes the jurisdiction applicable to the conflicts derived from the contract. The clause of extension of jurisdiction is considered unwritten.
ARTICLE 1110.- Revocation. In contracts concluded outside commercial establishments and at a distance, the consumer has the inalienable right to revoke the acceptance within ten days from the conclusion of the contract.
If the acceptance is after the delivery of the good, the term must begin to run from the moment the latter occurs.
If the term expires on a non-business day, it is extended until the next business day.
The clauses, pacts or any modality accepted by the consumer during this period that result in the impossibility of exercising the right of revocation are considered unwritten.
ARTICLE 1111.- Duty to inform about the right to revocation. The supplier must inform the consumer about the revocation power by including it in prominent characters in any document that it presents to the consumer in the negotiation stage or in the
document that implements the concluded contract, located as a provision immediately prior to the signature of the consumer or user. The right of revocation does not expire if the consumer has not been duly informed about his right.
ARTICLE 1112.- Form and term to notify the revocation. The revocation must be notified to the supplier in writing or electronic or similar means, or by returning the thing within a period of ten days computed in accordance with the provisions of article 1110.
ARTICLE 1113.- Effects of the exercise of the right of revocation. If the right to revoke is exercised in due time and form by the consumer, the parties are released from their corresponding obligations and the benefits they have provided must be reciprocally and simultaneously restored.
compliment.
ARTICLE 1114.- Impossibility of return. The impossibility of returning the provision that is the object of the contract does not deprive the consumer of his right to revoke. If the impossibility is attributable to you, you must pay the provider the market value that the service has at the time of
exercise of the right to revoke, except that said value is higher than the acquisition price, in which case the obligation is limited to the latter.
ARTICLE 1115.- Expenses. The exercise of the right of revocation must not involve any expense for the consumer. In particular, the consumer does not have to reimburse any amount for the decrease in the value of the thing that is a consequence of its use in accordance with the agreement or
its own nature, and is entitled to reimbursement for the necessary and useful expenses incurred in it.
ARTICLE 1116.- Exceptions to the right to revoke. Unless otherwise agreed, the right to revoke is not applicable to the following contracts:
a) those referring to products made according to the specifications supplied by the consumer or clearly personalized or which, due to their nature, cannot be returned or may deteriorate quickly;
b) those for the supply of sound or video recordings, discs and computer programs that have been decoded by the consumer, as well as computer files, supplied electronically, capable of being downloaded or reproduced immediately
for your permanent use;
c) those for the supply of daily press, periodicals and magazines.
CHAPTER 4
Unfair terms
ARTICLE 1117.- Applicable standards. The provisions of special laws and articles 985, 986, 987 and 988 are applied in this Chapter, whether or not there are general clauses established by one of the parties.
ARTICLE 1118.- Incorporation control. The clauses incorporated into a consumer contract can be declared abusive even when they are individually negotiated or expressly approved by the consumer.
ARTICLE 1119.- General rule. Without prejudice to the provisions of the special laws, the clause that, whether or not it has been individually negotiated, has the purpose or effect of causing a significant imbalance between the rights and obligations of the parties, in
consumer detriment.
ARTICLE 1120.- Abusive legal situation. An abusive legal situation is considered to exist when the same result is achieved through the predisposition of a plurality of related legal acts.
ARTICLE 1121.- Limits. They cannot be declared abusive:
a) the clauses relating to the relationship between the price and the good or the service procured;
b) those that reflect current provisions in international treaties or mandatory legal norms.
ARTICLE 1122.- Judicial control. The judicial control of abusive clauses is governed, without prejudice to the provisions of the special law, by the following rules:
a) the administrative approval of the contracts or their clauses does not hinder the control;
b) abusive clauses are considered not agreed;
c) if the judge declares the partial nullity of the contract, it must simultaneously integrate it, if it cannot survive without compromising its purpose;
d) when an abusive legal situation derived from related contracts is proven, the judge must apply the provisions of article 1075.
TITLE IV
Contracts in particular
CHAPTER 1
Buy and sell
SECTION 1
General disposition
ARTICLE 1123.- Definition. There is a sale if one of the parties is obliged to transfer ownership of one thing and the other to pay a price in money.
ARTICLE 1124.- Supplementary application to other contracts. The rules of this Chapter are additionally applied to contracts by which a party agrees to:
a) transfer to the other real rights of condominium, horizontal property, surface, usufruct or use, or to constitute the real rights of condominium, surface, usufruct, use, habitation, real estate complexes or easement, and said party, to pay a price in money;
b) transfer ownership of securities for a price in money.
ARTICLE 1125.- Purchase and sale and work contract. When one of the parties agrees to deliver things for a price, even if they have to be manufactured or produced, the rules of sale apply, unless circumstances result that the principal of
the obligations consist of supplying labor or rendering other services. If the party that orders the manufacture or production of the things assumes the obligation to provide a substantial portion of the necessary materials, the rules of the work contract apply.
ARTICLE 1126.- Sale and exchange. If the price consists part of money and part of something else, the contract is a swap contract if the value of the thing is greater and a sale in other cases.
ARTICLE 1127.- Nature of the contract. The contract should not be judged as a sale, even if the parties so stipulate, if it lacks any essential requirement to be such.
ARTICLE 1128.- Obligation to sell. No one is obliged to sell, unless they are subject to the legal necessity to do so.
SECTION 2
Thing sold
ARTICLE 1129.- Thing sold. All things that can be the subject of contracts can be sold.
ARTICLE 1130.- Certain thing that has ceased to exist. If the sale is of a certain thing that has ceased to exist at the time the contract is perfected, it does not produce any effect. If it has partially ceased to exist, the buyer can sue the existing part with reduction of the
price.
It can be agreed that the buyer assumes the risk that the certain thing has perished or is damaged when the contract is concluded. The seller cannot demand the fulfillment of the contract if when entering into it he knew that the thing had perished or was damaged.
ARTICLE 1131.- Future thing. If a future thing is sold, it is understood to be subject to the suspensive condition that the thing comes into existence.
The seller must carry out the tasks and efforts that result from the contract, or from the circumstances, so that it comes into existence in the agreed conditions and time.
The buyer can assume, by express clause, the risk that the thing does not come into existence without fault of the seller.
ARTICLE 1132.- Other people's thing. The sale of the property totally or partially foreign is valid, in the terms of article 1008. The seller is obliged to transmit or have his domain transmitted to the buyer.
SECTION 3
Price
ARTICLE 1133.- Determination of the price. The price is determined when the parties fix it in a sum that the buyer must pay, when its indication is left to the discretion of a designated third party or when it is with reference to something else certain. In any other case,
understands that there is a valid price if the parties foresaw the procedure to determine it.
ARTICLE 1134.- Price determined by a third party. The price can be determined by a third party designated in the contract or after its conclusion. If the parties do not reach an agreement on their appointment or replacement, or if the third party is unwilling or unable to carry out the
determination, the price is set by the judge by the shortest procedure provided by local law.
ARTICLE 1135.- Non-agreed price per unit of surface measurement. If the main object of the sale is a fraction of land, even if it is built, the price per unit of surface measurement has not been agreed and the land surface has a greater difference
of five percent with the agreed, the seller or the buyer, as the case may be, has the right to request the adjustment of the difference. The buyer who by application of this rule must pay a higher price can resolve the purchase.
ARTICLE 1136.- Agreed price per unit of surface measurement. If the price is agreed per unit of measurement of surface, the total price is the one that results based on the real surface of the property. If what is sold is a certain area, and the total area exceeds
in more than five percent to that expressed in the contract, the buyer has the right to resolve.
SECTION 4
Seller's obligations
ARTICLE 1137.- Obligation to transfer. The seller must transfer ownership of the thing sold to the buyer. He is also obliged to make available to the buyer the instruments required by the uses or the particularities of the sale, and to provide all cooperation
that is required for the transfer of ownership to take place.
ARTICLE 1138.- Delivery costs. Unless otherwise agreed, the seller is responsible for the expenses of the delivery of the thing sold and those that originate in obtaining the instruments referred to in article 1137. In the sale of real estate they are also in charge of
those of the study of the title and its antecedents and, where appropriate, those of measurement and the taxes levied on the sale.
ARTICLE 1139.- Delivery time of the property. The seller must deliver the property immediately after the deed, unless otherwise agreed.
ARTICLE 1140.- Delivery of the thing. The thing must be delivered with its accessories, free from any relationship of power and opposition from a third party.
SECTION 5
Obligations of the buyer
ARTICLE 1141.- Enumeration. The obligations of the buyer are:
a) pay the price at the agreed place and time. If nothing is agreed, it is understood that the sale is in cash;
b) receive the thing and the documents related to the contract. This obligation to receive consists of performing all the acts that can reasonably be expected of the buyer so that the seller can make the delivery, and take charge of the thing;
c) pay the expenses of receipt, including those of testimony of the public deed and the others after the sale.
SECTION 6
Buying and selling of furniture
ARTICLE 1142.- Rule of interpretation. The provisions of this Section do not exclude the application of the other rules of the Chapter insofar as they are compatible.
Paragraph 1
Price
ARTICLE 1143.- Silence on the price. When the contract has been validly entered into, but the price has not been indicated either expressly or tacitly, nor has a means been stipulated to determine it, it is considered, unless otherwise indicated, that the parties have made reference
at the price generally charged at the time of the conclusion of the contract for such goods, sold under similar circumstances, in the commercial traffic in question.
ARTICLE 1144.- Price fixed by weight, number or measure. If the price is set in relation to weight, number or measure, the price is proportional to the actual number, weight or measure of the things sold. If the price is determined based on the weight of the things, in case of doubt, I will
calculated by net weight.
Paragraph 2
Delivery of documentation
ARTICLE 1145.- Delivery of invoice. The seller must deliver to the buyer an invoice that describes the thing sold, its price, or the part of it that has been paid and the other terms of the sale. If the invoice does not indicate a term for payment of the price, it is presumed that the sale is for
counted. The invoice not observed within ten days of receipt is presumed accepted in all its content.
Except for legal provision, if it is of use not to issue an invoice, the seller must deliver a document that accredits the sale.
ARTICLE 1146.- Obligation to deliver documents. If the seller is obliged to deliver documents related to the things sold, he must do so at the time, place and form established by the contract. In the event of early delivery of documents, the seller may, up to
the time set for delivery, correct any lack of conformity of them, if the exercise of that right does not cause inconvenience or excessive expenses to the buyer.
Paragraph 3
Delivery of the thing
ARTICLE 1147.- Term for the delivery of the thing. Delivery must be made within twenty-four hours of the contract, except that the convention or uses result in another term.
ARTICLE 1148.- Place of delivery of the thing. The place of delivery is the one agreed upon, or the one determined by the uses or the particularities of the sale. Failing that, the delivery must be made in the place where the certain thing was found when the contract was concluded.
ARTICLE 1149.- Making the things sold available. Endorsement of merchandise in transit. The parties may agree that the making available of the merchandise sold in a certain place and unconditionally has the effects of delivery, without prejudice to the rights of the
buyer to review it and express its non-conformity within ten days of withdrawal. They can also agree that the delivery of the merchandise in transit takes place by the simple consent of the parties materialized in the transfer or endorsement of the transport documents.
from the date of its assignment or endorsement.
ARTICLE 1150.- Advance delivery of things not suitable for the contract. In the event of early delivery of things not suitable for the contract, whether in quantity or quality, the seller may, until the date set:
a) deliver the missing part or quantity of things;
b) deliver other things to replace those given or correct any lack of adequacy of the things delivered as agreed, provided that the exercise of this right does not cause the buyer inconvenience or excessive expenses; however, the buyer retains the right to
demand compensation for damages.
ARTICLE 1151.- Risks of damage or loss of things. The risks of damage or loss of things are borne by the seller, and the expenses incurred until making it available to the buyer under the terms of article 1149 or, where appropriate, the carrier or another third party, heavy
or measure and in the other conditions agreed or resulting from the applicable uses or the particularities of the sale.
Paragraph 4
Receipt of the thing and payment of the price
ARTICLE 1152.- Payment time. Payment is made against delivery of the thing, unless otherwise agreed. The buyer is not obliged to pay the price while he does not have the possibility to examine the things, unless the delivery or payment methods agreed by the
parties are incompatible with this possibility.
ARTICLE 1153.- Sale of samples. If the sale is made on samples, the buyer cannot refuse receipt if the thing is of the same quality as the sample.
ARTICLE 1154.- Buying and selling of things that are not visible. In the cases of things that are not in sight and must be remitted by the seller to the buyer, the thing must conform to the contract at the time of delivery to the buyer, the carrier or the third party designated to
receive it.
ARTICLE 1155.- Things that are delivered in bundles or under cover. If the movable things are delivered in a bundle or under cover that prevent their examination and recognition, the buyer can claim any lack of quantity or inadequacy within ten days of delivery.
of things to the contract.
The seller can demand that in the act of delivery the full recognition of the quantity and the adequacy of the things delivered to the contract be made, and in that case there is no place for claims after they are received.
ARTICLE 1156.- Adaptation of movable things to what was agreed. Movable things are considered suitable for the contract if:
a) are suitable for the purposes for which things of the same type are ordinarily used;
b) They are suitable for any special purpose that expressly or tacitly has been made known to the seller at the time of the conclusion of the contract, unless the circumstances show that the buyer did not trust or it was not reasonable to trust, in the suitability and criteria of
seller;
c) are packed or packed in the usual way for such goods or, if not, in a suitable way to preserve and protect them;
d) respond to the provisions of article 1153.
The seller is not responsible, in accordance with the provisions of paragraphs a) and c) of this article, for the inadequacy of the thing that the buyer knew or should have known at the time of the conclusion of the contract.
ARTICLE 1157.- Determination of the suitability of things to the contract. In the cases of articles 1153 and 1154, the buyer must inform the seller without delay of the inadequacy of things as agreed.
The determination of whether the thing sent by the seller is adequate to the contract is made by expert arbitrators, except as otherwise provided.
If the parties do not agree on the appointment of the expert arbitrator, any of them can sue his appointment in court within the expiration period of thirty days of delivery of the thing. The judge appoints the arbitrator.
ARTICLE 1158.- Term to claim for the defects of the things. If the sale was agreed by delivery to a carrier or a third party other than the buyer and there has been no inspection of the thing, the deadlines to claim for the differences in quantity or for its not
suitability to the contract are counted from their receipt by the buyer.
ARTICLE 1159.- Buying and selling together. If the sale is for a quantity of things "together" the buyer is not obliged to receive only a part of them, unless otherwise agreed. If you receive it, the sale and transfer of the domain remain firm in your respect.
ARTICLE 1160.- Sales subject to suspensive condition. The sale is subject to the condition precedent of acceptance of the thing by the buyer if:
a) the buyer reserves the right to prove the thing;
b) the sale is agreed or is, according to custom, "to the satisfaction of the buyer."
The term to accept is ten days, unless another has been agreed or emanates from the uses. The thing is considered accepted and the contract is deemed concluded when the buyer pays the price without reservation or allows the period to elapse without making a pronouncement.
ARTICLE 1161.- General dissemination clauses in international uses. The clauses that have diffusion in international uses are presumed used with the meaning assigned to them by such uses, even if the sale is not international, provided that the circumstances do not
the opposite turns out.
ARTICLE 1162.- Purchase and sale with payment clause against documents. In the sale of movable things with a clause "payment against documents", "acceptance against documents" or other similar ones, the payment, acceptance or act in question can only be refused due to lack of
adequacy of the documents with the contract, regardless of the inspection or acceptance of the thing sold, except that the contrary results from the convention or custom, or that its lack of identity with the thing sold is already proven.
If the payment, acceptance or act in question must be made through a bank, the seller has no action against the buyer until the bank refuses to do so.
SECTION 7
Some clauses that can be added to the sales contract
ARTICLE 1163.- Resale agreement. Redemption agreement is one by which the seller reserves the right to recover the thing sold and delivered to the buyer against restitution of the price, with the agreed excess or decrease.
The contract subject to this agreement is governed by the rules of the sale subject to a final condition.
ARTICLE 1164.- Resale Agreement. Resale agreement is one by which the buyer reserves the right to return the thing purchased. Exercising the right, the seller must return the price, with the agreed excess or decrease.
The rules of the sale apply under a resolutive condition.
ARTICLE 1165.- Preference Agreement. Preference agreement is one by which the seller has the right to recover the thing over any other purchaser if the buyer decides to dispose of it. The right granted is personal and cannot be assigned or passed to the heirs.
The buyer must inform the seller in a timely manner of his decision to dispose of the thing and all the particularities of the projected operation or, where appropriate, the place and time in which the auction should be held.
Unless another period results from the convention, the uses or the circumstances of the case, the seller must exercise his right of preference within ten days of receiving said communication.
The rules of the sale apply under a resolutive condition.
ARTICLE 1166.- Pacts added to the sale of recordable things. The agreements regulated in the preceding articles can be added to the sale of movable and immovable things. If the thing sold is registrable, the resale, resale and preferably agreements are
opposable to interested third parties if they result from the documents registered in the corresponding registry, or if otherwise the third party has had effective knowledge.
If the things sold are non-registrable furniture, the agreements are not enforceable against third-party purchasers in good faith and for consideration.
ARTICLE 1167.- Deadlines. The agreements regulated in the preceding articles may be agreed for a term that does not exceed five years in the case of immovable things, and two years in the case of movable things, counted from the conclusion of the contract.
If the parties agree, a longer term is reduced to the legal maximum. The term established by law is peremptory and non-extendable.
ARTICLE 1168.- Conditional sale. Presumption. In case of doubt, the conditional sale is considered to be made under a resolutive condition, if before the fulfillment of the condition the seller makes the buyer a tradition of the thing.
ARTICLE 1169.- Effect of the sale subject to a resolutive condition. The sale subject to a resolutive condition produces the effects of the contract, but the tradition or, where appropriate, the registration, only transmits the revocable domain.
SECTION 8
Purchase ticket
ARTICLE 1170.- Real estate purchase and sale ticket. The right of the buyer in good faith takes precedence over that of third parties who have secured precautionary measures on the property sold if:
a) the buyer contracted with the owner of the registry, or can be subrogated in the legal position of the person who did it by means of a perfect link with the successive acquirers;
b) the buyer paid at least twenty-five percent of the price prior to the injunction;
c) the ticket has a certain date;

d) the acquisition has sufficient publicity, whether registered or possessory.
ARTICLE 1171.- Opposition of the ticket in the contest or bankruptcy. The tickets for the sale of real estate of a certain date granted in favor of buyers in good faith are opposable to the insolvency or bankruptcy of the seller if at least twenty-five percent had been paid
of the price. The judge must order that the respective public deed be granted. The buyer can fulfill his obligations in the agreed term. In the event that the provision payable by the buyer is on time, a first-degree mortgage must be established on the property, as a guarantee of the
price balance.
EPISODE 2
Barter
ARTICLE 1172.- Definition. There is a swap if the parties reciprocally oblige each other to transfer ownership of things that are not money.
ARTICLE 1173.- Expenses. Unless otherwise agreed, the expenses provided for in article 1138 and all other expenses arising from the exchange, are borne by the contracting parties in equal parts.
ARTICLE 1174.- Eviction. The barter who is expired in the ownership of the thing that was transmitted to him can request the restitution of the one he gave in exchange or its value at the time of eviction, and the damages. You can choose to enforce the liability for sanitation provided in
this Code.
ARTICLE 1175.- Supplementary rule. In all matters not provided for in this Chapter, the rules of the sale are additionally applied.
CHAPTER 3
Supply
ARTICLE 1176.- Definition. Supply is the contract by which the supplier undertakes to deliver goods, including services without a dependency relationship, periodically or continuously, and the supplier to pay a price for each delivery or group of them.
ARTICLE 1177.- Maximum term. The supply contract may be agreed for a maximum period of twenty years, in the case of fruits or products from the soil or subsoil, with or without a production process, and ten years in other cases. The maximum term is computed from
of the first ordinary delivery.
ARTICLE 1178.- Amounts. If the entity of the services to be fulfilled by the supplier during certain periods is not agreed, the contract is understood to have been concluded according to the normal needs of the supplier at the time of its conclusion.
If only maximum and minimum quantities were agreed, the supplier has the right to determine the quantity at each corresponding opportunity, within these limits. You have the same right when only a minimum has been established, between this amount and the needs
normal at the time of the contract.
ARTICLE 1179.- Notice. If the quantities to be delivered in each period or opportunity can be varied, each party must notify the other of the modification in their reception needs or delivery possibilities, in the manner and opportunities that they agree upon. There being no convention,
It must be notified in advance that allows the other party to foresee the necessary actions for an efficient operation.
ARTICLE 1180.- Term in singular benefits. The legal or conventional term for the fulfillment of the singular benefits is presumed established in the interest of both parties, unless otherwise agreed.
ARTICLE 1181.- Price. In the absence of a convention or use to the contrary, in the singular services, the price:
a) It is determined according to the price of similar services that the supplier makes at the time and place of each delivery, if the service is one of those that make their ordinary course of business or way of life;
b) failing that, it is determined by the current market value on the date and place of each delivery;
c) must be paid within the first ten days of the calendar month following the one in which the delivery occurred.
ARTICLE 1182.- Preference Agreement. The agreement by which one of the parties undertakes to give preference to the other in the conclusion of a successive contract related to the same or similar object, is valid provided that the duration of the obligation does not exceed three years.
The party that wishes to contract with third parties the total or partial replacement of the supply whose term has expired or will expire soon, must notify the other of the conditions in which it plans to contract with third parties, in the form and conditions agreed in the contract. The other
party must make use of the preference, making it known as agreed. In the absence of stipulation in the contract, the form and conditions of use apply. Failing that, a party must notify by reliable means the conditions of the new contract thirty days in advance
at its termination and the other must let it be known by the same means if it will use the preferential agreement within fifteen days of receiving the notification. In case of silence of this, your right of first refusal expires.
ARTICLE 1183.- Contract for an indefinite period. If the duration of the supply has not been expressly established, either party can resolve it, giving prior notice in the agreed conditions. If there is no agreement, the uses apply. Failing that, the notice must
be completed within a reasonable term according to the circumstances and the nature of the supply, which in no case may be less than sixty days.
ARTICLE 1184.- Resolution. In case of breach of the obligations of one of the parties in each singular provision, the other can only terminate the supply contract, in the terms of articles 1077 and following if the breach is of notable importance, of
such a way to reasonably question the possibility of the defaulter to meet the subsequent maturities with accuracy.
ARTICLE 1185.- Suspension of supply. If the breaches of one party do not have the characteristics of article 1184, the other party can only suspend their benefits until the breach is remedied, if they have warned the breach by giving prior notice
in the agreed terms or, failing that, with reasonable anticipation taking into account the circumstances.
ARTICLE 1186.- Supplementary rules. As long as it is not provided for in the contract or in the preceding rules, the rules of the contracts to which they correspond, which are compatible, apply to the singular benefits.
CHAPTER 4
Location
SECTION 1
General disposition
ARTICLE 1187.- Definition. There is a lease contract if one party agrees to grant another the temporary use and enjoyment of a thing, in exchange for the payment of a price in money.
The provision regarding the consent, price and object of the sale contract is applied as a subsidy to the lease contract.
ARTICLE 1188.- Form. Opposition. The rental contract for a recordable property or personal property, of a universality that includes any of them, or of a material part of a property, must be made in writing.
This rule also applies to its extensions and modifications.
ARTICLE 1189.- Transmission due to death. Alienation of the thing located. Unless otherwise agreed, the location:
a) it is transmitted actively and passively due to death;
b) subsists for the agreed time, even if the thing located is alienated.
ARTICLE 1190.- Continuation of the location. If the leased thing is real estate, or material part of a real estate, destined for habitation, in case of abandonment or death of the tenant, the lease can be continued under the same agreed conditions, and until the expiration of the term
contractual, by whoever inhabits it and proves having received from the tenant ostensible family treatment during the year prior to the abandonment or death.
The right of the continuator in the location prevails over that of the tenant's heir.
ARTICLE 1191.- Powers of the representative. To enter into a rental contract for more than three years, or collect advance rents for the same period, express power is required.
SECTION 2
Purpose and destination
ARTICLE 1192.- Things. Any present or future thing, whose possession is in the trade, can be the object of the lease contract, if it is determinable, even if it is only in its kind. In the absence of any provision to the contrary, the contract includes ordinary products and fruits.
ARTICLE 1193.- Contract governed by administrative regulations. If the landlord is a legal person under public law, the contract is governed as pertinent by the administrative regulations and, in subsidy, by those of this Chapter.
ARTICLE 1194.- Destination of the thing located. The tenant must give the thing located the destination agreed in the contract.
In the absence of convention, it can give it the destination that it had at the time of locating, the one that is given to analogous things in the place where the thing is or the one that corresponds to its nature.
For the purposes of this Chapter, if the destination is mixed, the regulations corresponding to housing are applied.
ARTICLE 1195.- Room for disabled people or people with restricted capacity. The clause that prevents the entry, or excludes from the rented property, whatever its destination, an incapable person or with restricted capacity who is under guardianship, assistance or
representation of the tenant or sublocator, even if he does not live in the property.
ARTICLE 1196.- Housing location. If the destination is residential, the tenant cannot be required to:
a) the payment of advance rents for periods greater than one month;
b) guarantee deposits or similar requirements, for an amount greater than the amount equivalent to one month's rent for each year of rental contracted;
c) the payment of goodwill or equivalents.
SECTION 3
Location time
ARTICLE 1197.- Maximum term. The time of the location, whatever its object, cannot exceed twenty years for the residential destination and fifty years for the other destinations.
The contract is expressly renewable for a period that does not exceed the maximum foreseen counted from its inception.
ARTICLE 1198.- Minimum term of the location of the property. The property rental contract, whatever its destination, if it lacks an express and determined longer term, is considered to have been concluded for the minimum legal term of two years, except in the cases of article 1199.
The tenant can waive this term if he is in possession of the thing.
ARTICLE 1199.- Exceptions to the legal minimum term. The minimum legal term does not apply to real estate rental contracts or part of them destined to:
a) headquarters of the embassy, ​consulate or international organization, and the one assigned to the residence of its foreign diplomatic or consular personnel;
b) room with furniture that is rented for tourism, rest or similar purposes. If the term of the contract exceeds three months, it is presumed that it was not made for those purposes;
c) keeping things;
d) exhibition or offer of things or services in a fairground.
Nor does the legal minimum term apply to contracts that have as their object the fulfillment of a specific purpose expressed in the contract and that must normally be fulfilled in the shortest term agreed.
SECTION 4
Location effects
Paragraph 1
Obligations of the landlord
ARTICLE 1200.- Deliver the thing. The landlord must deliver the thing as agreed. In the absence of a contractual provision, it must be delivered in an appropriate state for its destination, except for defects that the tenant knew or could have known.
ARTICLE 1201.- Preserve the thing with aptitude for the agreed use. The landlord must keep the thing located in a state of serving the agreed use and enjoyment and carry out at his expense the repair required by the deterioration caused by its quality or defect, his own fault, or that of his
dependents or in acts of third parties or acts of God.
If when carrying out the repair or innovation the agreed use and enjoyment is interrupted or disturbed, the tenant has the right to have the fee temporarily reduced in proportion to the severity of the disturbance or, depending on the circumstances, to terminate the contract.
ARTICLE 1202.- Pay for improvements. The landlord must pay for the necessary improvements made by the tenant to the thing located, even if it has not been agreed, if the contract is resolved without fault of the tenant, except that it is for destruction of the thing.
ARTICLE 1203.- Frustration of the use or enjoyment of the thing. If by fortuitous event or force majeure, the tenant is prevented from using or enjoying the thing, or it cannot serve the purpose of the convention, he can request the termination of the contract, or the cessation of payment of the price for the
time that you can not use or enjoy the thing. If the fortuitous event does not affect the thing itself, its obligations continue as before.
ARTICLE 1204.- Loss of luminosity of the property. The loss of luminosity of the urban property due to construction on neighboring farms does not authorize the tenant to request a reduction in the price or to terminate the contract, except through the will of the landlord.
Paragraph 2
Obligations of the tenant
ARTICLE 1205.- Prohibition to vary the destination. The tenant can use and enjoy the thing according to law and exclusively for the corresponding destination. You cannot change it even if it does not harm the landlord.
ARTICLE 1206.- Keep the thing in good condition. Destruction. The tenant must keep the thing and keep it in the state in which it was received. You do not comply with this obligation if you abandon it without leaving someone to take your place.
Responds for any damage caused to the thing, even by occasional visitors, but not by action of the landlord or his dependents; It also responds for the destruction of the thing by fire not originated in a fortuitous event.
ARTICLE 1207.- Keep the thing in good condition. Repairs. If the thing is movable, the tenant is responsible for the cost of its conservation and mere maintenance improvements; and only these if it is real estate.
If it is urgent to carry out necessary repairs, you can carry them out at the expense of the landlord, giving him prior notice.
ARTICLE 1208.- Pay the agreed fee. The monetary benefit paid by the tenant is integrated with the price of the rental and all other periodic payment benefits conventionally assumed by the tenant. For its collection it is granted via executive.
In the absence of a convention, payment must be made in advance: if the thing is movable, in cash; and if it is real estate, for a monthly period.
ARTICLE 1209.- Pay charges and contributions for the activity. The tenant is in charge of the payment of the charges and contributions that originate in the destination given to the leased thing.
He is not in charge of the payment of those that encumber the thing, unless otherwise agreed.
ARTICLE 1210.- Restituting the thing. The tenant, upon concluding the contract, must return the thing to the landlord in the state in which it was received, except for damage arising from the mere passage of time and regular use.
You must also provide proof of the payments you made due to the leasehold relationship and that are relevant to the thing or the services you have.
Paragraph 3
Improvement scheme
ARTICLE 1211.- Rule. The tenant may make improvements to the property located, unless it is prohibited in the contract, alter the substance or form of the property, or has been challenged to restore it.
You do not have the right to claim the payment of useful and mere luxury or sumptuary improvements, but, if they are necessary improvements, you can claim their value from the landlord.
ARTICLE 1212.- Violation of the improvement regime. Making improvements prohibited in article 1211 violates the obligation to keep the thing in the state in which it was received.
SECTION 5
Assignment and sublocation
ARTICLE 1213.- Assignment. The tenant can only assign his contractual position in the terms provided in articles 1636 and following. The assignment that does not meet such requirements violates the prohibition to vary the destination of the thing located.
The contractual prohibition to assign matters that to sublocate and vice versa.
Assignment is considered to be the sublocation of the whole thing.
SECTION 1214.- Sublocation. The tenant can sublocate part of the thing located, if there is no agreement to the contrary. To do this, you must communicate to the landlord, by reliable means, your intention to sublocate and indicate the name and address of the person with whom you propose
contract, and the destination that the sublocator will assign to the thing.
The landlord can only oppose by reliable means, within a period of ten days of notification. The silence of the landlord matters his compliance with the proposed sublocation.
The sublocation contracted despite the opposition of the landlord, or with departure from the terms that were communicated to him, violates the prohibition to vary the destination of the thing located.
SECTION 1215.- Relationships between sublocator and sublocator. Between sublocator and sublocator, the rules provided for in the respective contract and those of this Chapter apply. The clause to use and enjoy the thing without violating the main contract is implicit.
ARTICLE 1216.- Direct actions. Without prejudice to its rights with respect to the tenant, the landlord has direct action against the sublocator to collect the rent owed by the tenant, to the extent of the debt of the sublocator. You can also require him to comply with
the obligations that the sublocation imposes, including compensation for damages caused by improper use of the thing.
Reciprocally, the sublocator has direct action against the landlord to obtain in his favor the fulfillment of the obligations assumed in the lease contract.
The conclusion of the lease determines the cessation of the sublease, unless it has been produced by confusion.
SECTION 6
Extinction
ARTICLE 1217.- Extinction of the location. They are special modes of extinction of the location:
a) Compliance with the agreed term, or requirement set forth in Article 1218, as the case may be;
b) early resolution.
ARTICLE 1218.- Continuation of the concluded location. If the agreed term or the minimum legal term expires in the absence of an agreement, and the tenant continues in the possession of the thing, there is no tacit renewal, but the continuation of the rental in the same contracted terms,
until either party terminates the contract by means of reliable communication.
The receipt of payments during the continuation of the lease does not alter the provisions of the first paragraph.
ARTICLE 1219.- Resolution attributable to the tenant. The landlord can terminate the contract:
a) due to change of destination or irregular use in the terms of article 1205;
b) due to lack of conservation of the thing located, or its abandonment without leaving someone to take its place;
c) for non-payment of the agreed monetary benefit, for two consecutive periods.
ARTICLE 1220.- Resolution attributable to the landlord. The tenant can terminate the contract if the landlord breaches:
a) The obligation to preserve the thing with aptitude for the agreed use and enjoyment;
b) the guarantee of eviction or that of redhibitory vices.
ARTICLE 1221.- Advance resolution. The rental contract can be terminated in advance by the tenant:
a) If the thing located is a property and six months of the contract have elapsed, the landlord must be notified reliably of his decision. If you make use of the resolution option in the first year of validity of the leasing relationship, you must pay the landlord, as compensation, the
sum equivalent to a month and a half of rent at the time of vacating the property and that of a month if the option is exercised after said period;
b) in the cases of article 1199, having to pay the landlord the equivalent of two months of rent.
SECTION 7
Effects of extinction
ARTICLE 1222.- Intimation of payment. If the destination is residential, prior to the demand for eviction due to non-payment of rents, the landlord must reliably notify the tenant of the payment of the amount due, granting for this a period that should never be less than ten
calendar days counted from the receipt of the notice, stating the place of payment.
SECTION 1223.- Eviction. Upon termination of the lease, the possession of the leased thing must be restored.
The procedure provided in this Code for the implicit resolution clause does not apply to the demand for eviction for the causes of articles 1217 and 1219, subsection c).
The term of execution of the eviction sentence cannot be less than ten days.
ARTICLE 1224.- Powers over useful or sumptuary improvements. The tenant may withdraw the useful or sumptuary improvement at the conclusion of the lease; but he cannot do it if he agreed that it be for the benefit of the thing, if the separation follows damage for it, or separating it does not cause it
any profit.
The landlord can acquire the improvement made in violation of a contractual prohibition, paying the higher value that the thing acquired.
ARTICLE 1225.- Expiration of the bond. Renewal. The obligations of the guarantor automatically cease at the expiration of the term of the lease, except that which derives from the non-restitution in time of the rented property.
The express consent of the guarantor is required to be bound by the express or tacit renewal or extension, once the term of the lease agreement has expired.
Any advance provision that extends the bond, be it simple, joint and several as co-debtor or main payer, of the original rental contract is null and void.
ARTICLE 1226.- Withholding power. The exercise of the right of retention by the tenant empowers him to receive the natural fruits that the thing produces. If it does, at the moment of perception it must compensate that value with the amount that is owed to it.
CHAPTER 5
Leasing
ARTICLE 1227.- Concept. In the leasing contract, the giver agrees to transfer to the policyholder the possession of a certain and determined asset for its use and enjoyment, against the payment of a canon and grants him a purchase option for a price.
ARTICLE 1228.- Purpose. Movable and immovable things, trademarks, patents or industrial models and software, owned by the giver or over which the giver has the power to lease, may be the object of the contract.
ARTICLE 1229.- Canon. The amount and periodicity of each canon is determined conventionally.
ARTICLE 1230.- Option exercise price. The exercise price of the purchase option must be fixed in the contract or be determinable according to agreed procedures or guidelines.
ARTICLE 1231.- Modalities in the choice of the asset. The good object of the contract can:
a) be purchased by the giver from a person indicated by the policyholder;
b) be purchased by the giver according to the specifications of the policyholder or according to catalogs, brochures or descriptions identified by the latter;
c) be purchased by the giver, who replaces the policyholder, for this purpose, in a sales contract that the latter has entered into;
d) be owned by the giver prior to its contractual relationship with the policyholder;
e) be acquired by the giver from the taker by the same contract or having acquired it previously;
f) be at the legal disposal of the giver by title that allows him to constitute a lease on him.
ARTICLE 1232.- Responsibilities, actions and guarantees in the acquisition of the property. In the cases of subsections a), b) and c) of article 1231, the giver fulfills the contract by acquiring the goods indicated by the policyholder. The policyholder can claim from the seller, without the need for an assignment,
all the rights that emerge from the contract of sale. The giver can be released conventionally from the delivery responsibilities and the obligation of reorganization.
In the cases of subsection d) of article 1231, as well as in those cases in which the giver is a manufacturer, importer, seller or builder of the asset given in lease, the giver cannot be released from the obligation of delivery and the obligation of reorganization. .
In the cases of subsection e) of the same article, the giver is not liable for the obligation to deliver or for the guarantee of sanitation, unless otherwise agreed.
In the cases of subsection f), the rules of the previous paragraphs of this article must be applied, as appropriate to the specific situation.
ARTICLE 1233.- Services and accessories. The services and accessories necessary for the design, installation, start-up and making available of the leased goods may be included in the contract, and their price can be included in the calculation of the fee.
ARTICLE 1234.- Form and registration. The leasing must be instrumented in a public deed if its object is real estate, ships or aircraft. In other cases, it can be held by public or private instrument.
For the purposes of its enforceability against third parties, the contract must be registered in the corresponding registry according to the nature of the thing that constitutes its object. Registration in the registry can be made from the conclusion of the leasing contract, and regardless of
the date on which it corresponds to deliver the thing that is the object of the promised provision. In order for it to produce effects against third parties from the delivery of the property that is the object of the lease, the registration must be requested within five business days. After that term, it produces
that effect from the moment the contract is presented for registration. If it is about non-registrable movable things or software, they must be registered in the Register of Pledge Credits of the place where the thing is located or, where appropriate, where it or the software should be put to
policyholder's disposition. In the case of real estate, registration is maintained for a period of twenty years; in other assets it is kept for ten years. In both cases it can be renewed before its expiration, by request of the giver or court order.
ARTICLE 1235.- Modalities of the goods. For the purposes of registering the leasing contract, the legal and regulatory standards that correspond according to the nature of the goods are applicable.
In the case of non-registrable movable things or software, the registration rules of the Law on Pledge with Registration and the others that govern the operation of the Registry of Pledge Credits apply.
When the leasing includes movable things located in different jurisdictions, the provisions of the Law on Pledge with Registration apply for the same circumstances.
The registry must issue certificates and reports. The certificate stating that no leasing contract is registered on certain assets is legally effective until twenty-four hours after it is issued.
ARTICLE 1236.- Transfer of the goods. The policyholder cannot remove the movable property from the place where they must be found in accordance with the provisions of the registered contract. You can only transfer them with the express consent of the giver, granted in the contract or by written act
later, and after the transfer and the approval of the giver have been registered in the corresponding records. The pertinent regulations of the Registered Pledge Law apply in this regard.
ARTICLE 1237.- Opposition. Surrogacy The duly registered contract is enforceable against the creditors of the parties. The creditors of the policyholder may subrogate their rights to exercise the purchase option.
ARTICLE 1238.- Use and enjoyment of the asset. The policyholder can use and enjoy the asset that is the object of the lease according to its destination, but cannot sell it, encumber it or dispose of it. The ordinary and extraordinary expenses of conservation and use, including insurance, taxes and fees, which
fall on the goods and the penalties caused by their use, are borne by the policyholder, unless otherwise agreed.
The policyholder can lease the asset that is the object of the lease, except if there is an agreement to the contrary. In no case can the tenant or lessee claim rights over the property that impede or limit in any way the rights of the giver.
ARTICLE 1239.- Claim action. The sale or lien consented to by the policyholder is unenforceable to the giver.
The giver has a claim on the movable thing that is in the power of any third party, being able to make direct application of the provisions of article 1249 paragraph a), without prejudice to the responsibility of the policyholder.
Page 8
ARTICLE 1240.- Purchase option. Exercise. The purchase option can be exercised by the policyholder once he has paid three-quarters of the total stipulated fee, or earlier if the parties so agreed.
ARTICLE 1241.- Extension of the contract. The contract may provide for its extension at the option of the policyholder and the conditions of its exercise.
ARTICLE 1242.- Transfer of domain. The right of the policyholder to transfer ownership arises with the exercise of the purchase option and the payment of the price of the exercise of the option in accordance with the provisions of the contract. The domain is acquired when these requirements are met,
Except that the law requires others in accordance with the nature of the property in question, for which purpose the parties must provide the documentation and carry out the other necessary acts.
ARTICLE 1243.- Objective responsibility. The objective liability arising from article 1757 falls exclusively on the holder or guardian of the things leased.
ARTICLE 1244.- Cancellation of registration. Assumptions The registration of the leasing on non-registrable personal property and software is canceled:
a) by court order, issued in a process in which the giver had the opportunity to take due participation;
b) at the request of the giver or his assignee.
ARTICLE 1245.- Cancellation at the request of the policyholder. The policyholder can request the cancellation of the registration of the leasing on non-registrable movable things and software if he proves:
a) the fulfillment of the precautions foreseen in the registered contract to exercise the purchase option;
b) the deposit of the total amount of the royalties that remained to be paid and the exercise price of the option, with its accessories, if applicable;
c) the reliable interpellation of the giver, for a period of no less than fifteen business days, offering the payments and requesting the cancellation of the registration;
d) the fulfillment of the other contractual obligations enforceable in his charge.
ARTICLE 1246.- Cancellation procedure. Once the cancellation is requested, the person in charge of the registry must notify the giver, at the address established in the contract, by registered letter:
a) if the notified party agrees, the registration is canceled;
b) if the giver does not make observations within fifteen business days from the notification, and the person in charge considers that the deposit is in accordance with the provisions of the contract, he proceeds to cancel and notifies the giver and the borrower;
c) If the giver makes observations or the person in charge considers the deposit insufficient, he communicates it to the policyholder, who has expedited the pertinent actions.
ARTICLE 1247.- Assignment of contracts or credits of the giver. The giver can always assign current or future credits for the canon or exercise price of the purchase option. For the purposes of securitization, you can do so under the terms of articles 1614 and following of this
Code or in the manner provided by special law. This assignment does not prejudice the rights of the policyholder with respect to the exercise or non-exercise of the purchase option or, where appropriate, the early cancellation of the fees, all in accordance with what is agreed in the contract.
ARTICLE 1248.- Breach and execution in the case of real estate. When the object of the leasing is a real property, the breach of the obligation of the policyholder to pay the fee produces the following effects:
a) If the policyholder has paid less than a quarter of the amount of the total agreed fee, the default is automatic and the giver can sue the eviction. The policyholder must be given a hearing for five days, who can document documentary proof of the payment of the periods that are
claim or paralyze the process, for one time, by paying what is owed, plus interest and costs. Otherwise, the judge must order the release without further ado;
b) if the borrower has paid a quarter or more but less than three-quarters of the agreed fee, the default is automatic; the giver must prompt him to pay the period or periods owed plus interest and the policyholder has a one-time period of no less than sixty days,
counted from the receipt of the notification, for the payment of the period or periods owed plus interest. After this period without the payment being verified, the giver can demand the eviction, of which the policyholder must be given a hearing for five days. Within that period, the
The policyholder can demonstrate the payment of the claim, or stop the procedure by paying the amount owed plus interest and costs, if he had not previously resorted to this procedure. If, according to the contract, the policyholder can exercise the purchase option, in the
You can also pay the exercise price of that option for the same term, with its contractual and legal accessories. Otherwise, the judge must order the launch without further ado;
c) If the breach occurs after having paid three-quarters of the fee, the default is automatic; The giver must intimidate the payment and the policyholder has the option of paying what is owed plus interest within ninety days, counted from the receipt of the
notification if he had not previously resorted to that procedure, or the exercise price of the purchase option resulting from the application of the contract, on the date of default, with his interests. After this period without the payment being verified, the giver can demand the eviction, of which
The policyholder must be given a hearing for five days, who can only paralyze him by exercising any of the options provided for in this subsection, adding the costs of the process;
d) produced the eviction, the giver can claim the payment of the canon periods owed up to the moment of the launch, with more their interests and costs, by executive means. The giver can also claim damages resulting from the abnormal deterioration of the thing
attributable to the policyholder for fraud, fault or negligence through the pertinent procedural channels.
ARTICLE 1249.- Kidnapping and execution in case of furniture. When the object of leasing is a movable thing, before the default of the policyholder in the payment of the canon, the giver can:
a) Obtain the immediate seizure of the property, with the sole presentation of the registered contract, and proof of having questioned the policyholder for a period of no less than five days for the regularization. Once the kidnapping is produced, the contract is terminated. The giver can promote execution by
the collection of the canon that has ordinarily accrued up to the entire period in which the kidnapping took place, the penal clause agreed in the contract and its interests; All this without prejudice to the action of the giver for damages and losses, and the action of the policyholder, if applicable;
or
b) to act by executive means for the collection of the unpaid canon, including the totality of the pending canon; if it had thus been agreed, with the sole presentation of the registered contract and its accessories. In this case, the kidnapping only proceeds when the ordinary term of the
leasing without having paid the full fee and the price of the purchase option, or when the danger in the conservation of the asset is summarily demonstrated, the giver having to grant sufficient surety. In the executive judgment provided for in both sections, the execution against
the guarantors or guarantors of the policyholder. The registered address is the one established in the contract.
ARTICLE 1250.- Supplementary rules. In all matters not provided for in this Chapter, the rules of the lease contract are subsidiarily applied to the leasing contract, insofar as they are compatible, while the policyholder has not paid the entire fee and exercised the option, with
payment of its price. The provisions relating to minimum and maximum terms of the rental of things or those conventionally excluded are not applicable to leasing. The rules of the sale contract for the determination of the exercise price of the
purchase option and for acts subsequent to its exercise and payment.
CHAPTER 6
Work and services
SECTION 1
Provisions common to works and services
SECTION 1251.- Definition. There is a work or service contract when a person, depending on the case, the contractor or the service provider, acting independently, undertakes in favor of another, called the principal, to carry out a material or intellectual work or to provide a service
through remuneration.
The contract is free if the parties so agree or when, due to the circumstances of the case, the intention to benefit can be presumed.
ARTICLE 1252.- Qualification of the contract. If there is doubt about the qualification of the contract, it is understood that there is a service contract when the obligation to do consists of carrying out a certain activity independent of its effectiveness. The contract is considered to be a work contract when it is
promises an effective, reproducible or deliverable result.
The services provided in a dependency relationship are governed by the rules of labor law.
The provisions of this Chapter are integrated with the specific rules that are applicable to specially regulated services or works.
ARTICLE 1253.- Means used. In the absence of adjustment on the way to carry out the work, the contractor or service provider freely chooses the means of execution of the contract.
ARTICLE 1254.- Cooperation of third parties. The contractor or service provider may use third parties to perform the service, except that the stipulations or the nature of the obligation show that he was chosen for his qualities to perform it personally in all or in
part. In any case, it retains the direction and responsibility for the execution.
ARTICLE 1255.- Price. The price is determined by the contract, the law, the uses or, failing that, by judicial decision.
Tariff laws cannot restrict the power of the parties to determine the price of works or services. When said price must be judicially established on the basis of the application of said laws, its determination must be adapted to the work carried out by the
lender. If the strict application of local tariffs leads to an obvious and unjustified disproportion between the resulting remuneration and the importance of the work performed, the judge can determine the remuneration equitably.
If the work or the service has been contracted for a global price or for a unit of measure, neither party may seek to modify the total price or the unit of measure, respectively, on the basis that the work, service or the unit demands less or more
work or that its cost is less or greater than expected, except as provided in article 1091.
ARTICLE 1256.- Obligations of the contractor and the provider. The contractor or service provider is obliged to:
a) execute the contract in accordance with the contractual provisions and the knowledge reasonably required at the time of its completion by art, science and technology corresponding to the activity carried out;
b) inform the principal about the essential aspects of compliance with the obligation undertaken;
c) provide the appropriate materials that are necessary for the execution of the work or the service, unless something different has been agreed or results from the uses;
d) diligently use the materials provided by the client and inform him immediately if these materials are inappropriate or have defects that the contractor or provider should be aware of;
e) carry out the work or service in the agreed time or, failing that, in the one that reasonably corresponds according to its nature.
ARTICLE 1257.- Obligations of the principal. The principal is obliged to:
a) pay the remuneration;
b) provide the contractor or provider with the necessary collaboration, according to the characteristics of the work or service;
c) receive the work if it was executed in accordance with the provisions of article 1256.
ARTICLE 1258.- Contracting risks. If the goods necessary for the execution of the work or service perish due to force majeure, the loss is borne by the party that was supposed to provide them.
ARTICLE 1259.- Death of the principal. The death of the principal does not extinguish the contract, except that it makes the execution impossible or useless.
ARTICLE 1260.- Death of the contractor or provider. The death of the contractor or provider extinguishes the contract, except that the principal agrees to continue it with his heirs. In case of extinction, the principal must pay the cost of the usable materials and the
value of the part carried out in proportion to the total agreed price.
ARTICLE 1261.- Unilateral withdrawal. The principal may withdraw from the contract by his sole will, even if the execution has begun; but he must indemnify the lender for all the expenses and work performed and the profit that he could have obtained. The judge can reduce
equitably the utility if the strict application of the norm leads to a notorious injustice.
SECTION 2
Special provisions for works
ARTICLE 1262.- Contracting systems. The work can be contracted by lump sum adjustment, also called “global remuneration”, by unit of measure, by cost and costs or by any other system agreed by the parties. Hiring can be done with or without provision
of materials by the principal. In the case of real estate, the work can be carried out on the property of the principal or of a third party. If nothing was agreed or arises from the uses, it is presumed, except for proof to the contrary, that the work was contracted by lump sum adjustment and that it is the contractor who
provides the materials.
ARTICLE 1263.- Remuneration. If the work is contracted by the execution system at cost and costs, the remuneration is determined on the value of the materials, labor and other direct or indirect expenses.
ARTICLE 1264.- Variations of the agreed project. Whatever the contracting system, the contractor cannot vary the project already accepted without written authorization from the client, except that the modifications are necessary to carry out the work in accordance with the rules of the
art and could not have been provided at the time of hiring; The need for such modifications must be communicated immediately to the client, indicating their estimated cost. If the variations imply an increase of more than one fifth of the agreed price, the
The principal may terminate it by communicating his decision within ten days of having known the need for the modification and its estimated cost.
The client may introduce variants to the project as long as they do not imply a substantial change in the nature of the work.
ARTICLE 1265.- Remuneration differences arising from authorized modifications. In the absence of agreement, the price differences arising from the modifications authorized in this Chapter are set by the courts.
ARTICLE 1266.- Work by piece or measure. If the work was agreed by piece or measure without designating the number of pieces or the total measure, the contract may be terminated by any of the contracting parties that are the parties designated as the minimum limit,
the corresponding benefits being owed to the concluded part.
If the number of pieces or the total measure has been designated, the contractor is obliged to deliver the completed work and the client to pay the remuneration resulting from the total number of units agreed.
ARTICLE 1267.- Impossibility of execution of the provision without fault. If the execution of a work or its continuation is made impossible for reasons not attributable to either party, the contract is terminated. The contractor is entitled to obtain equitable compensation for the
task performed.
ARTICLE 1268.- Destruction or deterioration of the work due to unforeseeable circumstances before delivery. The destruction or deterioration of an important part of the work due to a fortuitous event before it has been received authorizes either party to terminate the contract, with the
following effects:
a) If the contractor supplies the materials and the work is carried out on the principal's property, the contractor is entitled to their value and to fair compensation for the work performed;
b) if the cause of the destruction or significant deterioration is the poor quality or inadequacy of the materials, the agreed remuneration is not owed even though the contractor has duly notified the principal of this circumstance;
c) If the principal is in arrears in receipt at the time of destruction or deterioration of an important part of the work, he owes the agreed remuneration.
ARTICLE 1269.- Right to verify. At all times, and as long as it does not affect the development of the works, the client of a work has the right to verify at his own expense the state of progress, the quality of the materials used and the work carried out.
ARTICLE 1270.- Acceptance of the work. The work is considered accepted when the circumstances of article 747 concur.
ARTICLE 1271.- Vices or defects and differences in quality. The rules on vices or defects apply to differences in the quality of the work.
ARTICLE 1272. Warranty periods. If a guarantee period is agreed or is of use for the client to verify the work or check its operation, the reception is considered provisional and does not presume acceptance.
If it is about defects that do not affect the solidity or make the work unsuitable for its destination, a warranty period was not agreed nor is it of use to grant it, once the work is accepted, the contractor:
a) is free of responsibility for apparent defects;
b) Responsible for the vices or defects not apparent at the time of receipt, with the extension and within the terms provided for the warranty for hidden defects provided for in articles 1054 and corresponding.
ARTICLE 1273.- Work in ruin or improper for its destiny. The builder of a work carried out in a building destined by its nature to have a long duration is liable to the principal and the purchaser of the work for the damages that compromise its solidity and for those who do it.
unfit for his destiny. The constructor is only released if it proves the occurrence of an outside cause. The vice of the soil is not an outside cause, even if the land belongs to the principal or a third party, nor the vice of the materials, even if they are not provided by the contractor.
ARTICLE 1274.- Extension of responsibility for work in ruins or improper for its destination. The responsibility provided for in article 1273 extends concurrently:
a) to any person who sells a work that he has built or has built if he makes that activity his usual profession;
b) to any person who, although acting as agent of the owner of the work, fulfills a mission similar to that of a contractor;
c) Depending on the cause of the damage, the subcontractor, the designer, the project manager and any other professional linked to the principal by a construction work contract related to the damaged work or any of its parts.
ARTICLE 1275.- Expiration period. For the liability provided for in articles 1273 and 1274 to be applicable, the damage must occur within ten years of the acceptance of the work.
ARTICLE 1276.- Nullity of the clause of exclusion or limitation of liability. Any clause that exempts or limits the liability provided for damages that compromise the solidity of a work carried out in a long-term property or that make it unsuitable for
its destiny is considered unwritten.
ARTICLE 1277.- Complementary responsibilities. The builder, subcontractors and professionals involved in a construction are obliged to observe administrative regulations and are responsible, even against third parties, for any damage caused by the
breach of such provisions.
SECTION 3
Special rules for services
ARTICLE 1278.- Applicable standards. The rules of Section 1 of this Chapter and those corresponding to the obligations to do are applicable to services.
ARTICLE 1279.- Continued services. The contract for continuing services can be agreed for a specified period of time. If nothing has been stipulated, it is understood that it has been for an undetermined time. Either party can terminate the contract of indeterminate duration; in order to
this must give reasonable advance notice.
CHAPTER 7
Transport
SECTION 1
General disposition
ARTICLE 1280.- Definition. There is a transport contract when a party called a carrier or carrier is obliged to move people or things from one place to another, and the other, called a passenger or shipper, is obliged to pay a price or freight.
ARTICLE 1281.- Scope of application. Except as provided in special laws, the rules of this Chapter apply regardless of the means used for transportation. Multimodal transport is governed by special law.
ARTICLE 1282.- Free transportation. Free transportation is not governed by the rules of this Chapter, except that it is carried out by a carrier that offers its services to the public in the course of its activity.
ARTICLE 1283.- Offer to the public. The carrier that offers its services to the public is obliged to accept orders compatible with the ordinary means available to it, unless there is a serious reason for rejection; and the passenger or the shipper are obliged to follow the
instructions given by the carrier in accordance with the law or regulations.
The transports must be carried out according to the order of the orders and, in case there are several simultaneous ones, preference should be given to those with the longest distance.
ARTICLE 1284.- Term. The carrier must carry out the agreed transfer within the period agreed in the contract or at the established times and, in the absence of both, according to the uses of the place where the transport should begin.
ARTICLE 1285.- Total or partial loss of freight due to delay. Produced the delay in the transfer of the transported things, if the carrier does not prove the external cause, it loses a part of the freight proportional to the delay, in such a way that it loses the total if the time taken is double
of the term in which it should have been fulfilled. The provisions of this article do not preclude claiming the greatest damages caused by the delay.
ARTICLE 1286.- Responsibility of the carrier. The responsibility of the carrier for damages to the transported persons is subject to the provisions of articles 1757 and following.
If the transport is of things, the transporter excuses himself proving the external cause. The vice of the thing transported is considered an outside agency.
ARTICLE 1287.- Successive or combined transportation. In the successive or combined transports to be executed by several carriers, each of them is liable for the damages produced during their own journey.
But if the transport is assumed by several carriers in a single contract, or it cannot be determined where the damage occurs, all of them are jointly and severally liable without prejudice to the reimbursement actions.
SECTION 2
Transport of people
ARTICLE 1288.- Beginning and end of transportation. The transport of people includes, in addition to the transfer, the embarkation and disembarkation operations.
ARTICLE 1289.- Obligations of the carrier. The carrier's obligations towards the passenger are:
a) provide the place to travel that has been agreed or the one available by regulation;
b) transfer it to the agreed place;
c) guarantee your safety;
d) carry your luggage.
ARTICLE 1290.- Obligations of the passenger. The passenger is obliged to:
a) pay the agreed price;
b) appear at the place and times agreed to start the trip;
c) comply with the administrative provisions, observe the regulations established by the carrier for the best order during the trip and obey the orders of the carrier or its representatives issued for the same purpose;
d) condition your luggage, which must conform to the regulatory measurements and weight.
ARTICLE 1291.- Extension of responsibility. In addition to its responsibility for breach of the contract or delay in its execution, the carrier is liable for claims that affect the person of the passenger and for the damage or loss of their things.
ARTICLE 1292.- Limiting clauses of liability. The clauses that limit the liability of the carrier of persons for death or personal injury are considered unwritten.
ARTICLE 1293.- Responsibility for luggage. The provisions relating to the responsibility of the carrier of things for the loss or deterioration of the things transported, apply to the loss or deterioration of the luggage that the passenger carries with him, with the exception of the provisions
in article 1294.
ARTICLE 1294.- Things of value. The carrier is not liable for loss or damage suffered by objects of extraordinary value that the passenger carries with him and has not declared before the trip or at the beginning of it.
Nor is it responsible for the loss of hand luggage and other effects that have remained in the custody of the passenger, unless the latter proves the fault of the carrier.
ARTICLE 1295.- Interruption of the successive transport. Without prejudice to the application of article 1287, first paragraph, damages caused by interruption of the trip must be determined by reason of the total journey.
SECTION 3
Transportation of things
ARTICLE 1296.- Obligations of the shipper. The shipper must declare the content of the cargo, identify the packages externally, present the cargo with adequate packaging, indicate the destination and the recipient, and provide the carrier with the documentation required to do so.
If special documents are required, the shipper must deliver them to the carrier at the same time as the things to be transported.
ARTICLE 1297.- Responsibility of the shipper. The shipper is responsible for the damages suffered by the carrier, other shippers or third parties, arising from the omission or inaccuracy of the indications or from the lack of delivery or the irregularity of the documentation.
ARTICLE 1298.- Consignment note. The carrier has the right to require the shipper to sign a document containing the indications set forth in article 1296 and the stipulations agreed for transportation. Its issuance matters receipt of the cargo.
ARTICLE 1299.- Second copy. The shipper has the right to require the carrier to sign and deliver a copy of the consignment note. This document is called the second copy of the consignment note and can be nominative, to order or to the bearer.
If the carrier has delivered the second copy of the consignment note to the order, the rights arising from the contract against it are transferable by endorsement.
ARTICLE 1300.- Guide. If there is no consignment note, the shipper has the right to require the carrier to deliver a cargo receipt, called a guide, with the same content as it.
ARTICLE 1301.- Unavailability. The stipulations not contained in the second copy of the consignment note or in the guide, are not enforceable against third-party bearers in good faith. This document must be delivered to the carrier upon delivery by the carrier of the transported cargo.
ARTICLE 1302.- Disposition of cargo. If the second copy of the consignment note or the guide has not been issued, the shipper has the disposition of the cargo and can modify the instructions given to the carrier, with the obligation to reimburse the expenses and compensate the damages.
derived from that change.
ARTICLE 1303.- Carrier of the second copy. When the carrier has issued a second copy of the bill of lading or waybill, only the legitimate bearer of any of these documents has the disposition of the cargo and can issue instructions to the carrier, which
they must be noted on the instrument and signed by the carrier.
ARTICLE 1304.- Rights of the recipient. The rights arising from the transport contract correspond to the recipient since the things arrive at their destination, or since, after the transport period has expired, they have requested delivery to the carrier. However, the recipient does not
You can exercise such rights except against the payment to the carrier of your credits derived from the transport.
ARTICLE 1305.- Making available. The carrier must make the cargo available to the recipient in the place, within the term and with the modalities agreed in the contract or, failing that, by the uses. If the shipper has issued a consignment note, it must be exhibited and
delivered to the carrier.
The holder of the second copy of the consignment note or of the guide to the bearer or to the order, must return the document to the carrier at the time of delivery of the cargo.
ARTICLE 1306.- Delivery. The carrier is obliged to deliver the cargo in the same state in which it was received, except outside causes. If you have received it without reservation, it is presumed that she had no apparent defects and was well prepared for transport. The recipient is not
obliged to receive things with damages that prevent their own use or consumption.
ARTICLE 1307.- Impediments and delay in the execution of the transport. If the beginning or the continuation of the transport is impeded or excessively delayed for reasons not attributable to the carrier, the latter must immediately inform the shipper and ask for instructions. This
obliged to custody of the cargo. If circumstances make it impossible to request instructions, the carrier can deposit the things and, if they are subject to rapid deterioration or are perishable, can have them sold so that they do not lose their value.
ARTICLE 1308.- Impediments for delivery. If the consignee cannot be found or refuses to receive the transported things or delays their receipt, the carrier must immediately request instructions from the shipper and the solutions provided for in the article apply.
1307.
ARTICLE 1309.- Responsibility of the carrier against the loader. The carrier who delivers the things to the recipient without collecting his own credits or those that the shipper has entrusted to collect against delivery of the cargo, or without demanding the deposit of the agreed sum, is
liable to the shipper for what is owed to him and cannot be directed against him for the payment of his own debts. It maintains its action against the recipient.
ARTICLE 1310.- Liability due to fault. In the case of fragile things, poorly equipped for transport, subject to easy deterioration, animals or special transport, the carrier may agree that he only responds if his fault is proven. This convention cannot be
included in a general clause predisposed.
ARTICLE 1311.- Calculation of the damage. Compensation for loss or damage of things is the value of these or that of their impairment, at the time and place in which they were delivered or should have been delivered to the recipient.
ARTICLE 1312.- Natural loss. In the transportation of things that, by their nature, are subject to decrease in weight or measure during transportation, the carrier is only liable for decreases that exceed the natural loss. It also responds if the charger or
addressee prove that the decrease has not occurred due to the nature of the things or that, due to the circumstances of the case, it could not reach the verified magnitude.

ARTICLE 1313.- Limitation of liability. Prohibition. Those who habitually perform transport services cannot limit the preceding liability rules, except in the case of article 1310.
ARTICLE 1314.- Verification of things before delivery. The recipient has the right to have his identity and condition checked, at his own expense, before receiving things. If there are losses or breakdowns, the carrier must reimburse the expenses.
The carrier may require the recipient to open and acknowledge the cargo; and if he refuses or fails to do so, the carrier is released from all responsibility, except fraud.
ARTICLE 1315.- Effects of the reception of the things transported. The receipt by the recipient of the transported things and the payment of what is due to the carrier extinguish the actions derived from the contract, except for fraud. Only the actions for partial loss or breakdown subsist
not recognizable at the time of delivery, which must be deducted within five days of receipt.
ARTICLE 1316.- Fault of the shipper or of a third party. If the transport could not be started or completed or the delivery cannot be made due to the fact of the shipper, or of a legitimate carrier of the second copy of the consignment note or of the guide, or of the addressee, the
Carrier is entitled to the price or a proportional part of it, as the case may be, and to the reimbursement of the additional expenses incurred.
ARTICLE 1317.- Transport with re-dispatch of things. If the carrier undertakes to deliver the cargo to another carrier and does not accept a consignment note to a destination other than that of such delivery, it is presumed that his responsibilities as a carrier end with it, without
other additional obligations than to use reasonable diligence in hiring the next carrier.
ARTICLE 1318.- Representation in the successive transport. Each successive carrier has the right to record on the consignment note, or in a separate document, the state in which it has received the things transported. The last carrier represents the others for the
collection of your credits and the exercise of your rights over the cargoes transported.
CHAPTER 8
Mandate
ARTICLE 1319.- Definition. There is a contract of mandate when a party is obliged to carry out one or more legal acts in the interest of another.
The mandate can be conferred and accepted expressly or tacitly. If a person knows that someone is doing something in their interest, and does not prevent it, being able to do it, it is understood that they have tacitly conferred a mandate. The execution of the mandate implies its acceptance even without mediation
express statement about it.
ARTICLE 1320.- Representation. If the principal confers power of attorney to be represented, the provisions of articles 362 et seq. Apply to him.
Even when the mandate does not confer power of representation, the aforementioned provisions apply to the relationships between the principal and the agent, in everything that is not modified in this Chapter.
ARTICLE 1321.- Mandate without representation. If the principal does not grant power of attorney, the agent acts in his own name but in the interest of the principal, who is not directly bound by the third party, nor by the latter with respect to the principal. The principal can
be subrogated in the actions that the agent has against the third party, and also the third party in the actions that the agent may exercise against the principal.
ARTICLE 1322.- Onerosity. The mandate is presumed onerous. In the absence of agreement on the remuneration, the remuneration is that established by the applicable legal or regulatory provisions, or the use. In the absence of both, it must be determined by the judge.
ARTICLE 1323.- Capacity. The mandate can be conferred on an incapable person, but he can oppose the nullity of the contract if he is sued for non-performance of the obligations or for rendering of accounts, except the action of restitution of what has become
your benefit.
ARTICLE 1324.- Obligations of the agent. The agent is obliged to:
a) To carry out the acts included in the mandate, in accordance with the instructions given by the principal and the nature of the business that constitutes its object, with the care that it would take in its own affairs or, where appropriate, that required by the rules of its profession, or by the uses of the
Place of execution;
b) give immediate notice to the principal of any supervening circumstance that reasonably advises departing from the instructions received, requiring new instructions or ratification of the previous ones, and adopting the indispensable and urgent measures;
c) promptly inform the principal of any conflict of interest and any other circumstance that may motivate the modification or revocation of the mandate;
d) keep in reserve all information acquired as a result of the mandate that, due to its nature or circumstances, is not intended to be disclosed;
e) notify the principal of any value that he has received as a result of the mandate, and make it available to him;
f) to render an account of their management at the agreed opportunities or upon termination of the mandate;
g) deliver to the principal the profits derived from the business, with default interest, of the sums of money that he has used for his own benefit;
h) inform at any time, at the request of the principal, on the execution of the mandate;
i) Show the principal all the documentation related to the entrusted management, and deliver the corresponding one according to the circumstances.
If the business entrusted to the agent is one of those that, due to his trade or his way of living, he accepts regularly, even when he excuses himself from the commission, he must take the urgent conservative measures required by the business entrusted to him.
ARTICLE 1325.- Conflict of interests. If there is a conflict of interest between the principal and the agent, the latter must postpone theirs in the execution of the mandate, or resign.
Obtaining, in the performance of the position, a benefit not authorized by the principal, makes the agent lose his right to remuneration.
ARTICLE 1326.- Mandate to several people. If the mandate is conferred on several people without expressly stipulating the manner or order of their performance, it is understood that they may perform jointly or separately.
ARTICLE 1327.- Substitution of the mandate. The agent may substitute another person for the execution of the mandate and is responsible for the election of the substitute, except when he / she does so at the request of the principal. In case of substitution, the principal has direct action against the
substitute provided for in articles 736 and related, but is not obliged to pay compensation if the replacement was not necessary. The agent is directly responsible for the performance of the substitute when he was not authorized to substitute, or when the substitution was unnecessary for the
execution of the mandate.
ARTICLE 1328.- Obligations of the principal. The principal is obliged to:
a) Provide the agent with the necessary means for the execution of the mandate and compensate him, at any time that is required, for all reasonable expenses incurred for that purpose;
b) indemnify the agent for damages suffered as a result of the execution of the mandate, not attributable to the agent himself;
c) release the agent from the obligations assumed with third parties, providing him with the necessary means to do so;
d) pay the agreed upon remuneration to the agent. If the mandate is extinguished through no fault of the agent, he owes the part of the remuneration provided for the service performed; but if the agent has received an advance greater than his due, the principal cannot demand his
restitution.
ARTICLE 1329.- Extinction of the mandate. The mandate expires:
a) due to the expiration of the term for which it was granted, or due to the fulfillment of the agreed-upon condition of resolution;
b) for the execution of the business for which it was given;
c) by the revocation of the principal;
d) by the resignation of the agent;
e) due to the death or incapacity of the principal or agent.
ARTICLE 1330.- Irrevocable mandate. The mandate may be expressly agreed as irrevocable in the cases of subsections b) and c) of Article 380.
The mandate destined to be executed after the death of the principal is void if it cannot be used as a last will disposition.
ARTICLE 1331.- Revocation. The revocation without just cause of the mandate granted for a specific time or matter obliges the principal to compensate the damages caused; If the mandate was given for an indefinite period, the principal must give adequate notice to the circumstances or, in its
defect, indemnify the damages caused by its omission.
ARTICLE 1332.- Resignation. The untimely resignation and without just cause of the agent requires compensation for the damages caused to the principal.
ARTICLE 1333.- Death or incapacity of the agent and the principal. Produced the death or incapacity of the agent, his heirs, representatives or assistants who are aware of the mandate must promptly notify the principal and take the measures in his interest
that are required by the circumstances.
If the death or incapacity of the principal occurs, the agent must execute the acts of conservation if there is danger in the delay, except for express instructions to the contrary from the heirs or representatives.
ARTICLE 1334.- Rendering of accounts. The rendering of accounts by the agent must be in the conditions provided for in articles 858 and following, accompanied by all the documentation related to its management. Unless otherwise stipulated, the accounts must be rendered in the
The domicile of the agent and the expenses they generate are the responsibility of the principal.
CHAPTER 9
Consignment contract
ARTICLE 1335.- Definition. There is a consignment contract when the mandate is without representation for the sale of movable things. The provisions of Chapter 8 of this Title are additionally applied to it.
ARTICLE 1336.- Indivisibility. The consignment is indivisible. Accepted in one part is considered accepted in the whole, and lasts as long as the business is not completely concluded.
ARTICLE 1337.- Effects. The consignee is directly liable to the people with whom it contracts, without the latter having any action against the consignee, nor the latter against them.
ARTICLE 1338.- Obligations of the consignee. The consignee must comply with the instructions received, and is responsible for the damage that is followed to the consignee by the businesses in which he has deviated from those instructions.
ARTICLE 1339.- Deadlines granted by the consignee. The consignee is presumed authorized to grant the payment terms that are of use in the market.
If you grant terms against the instructions of the consignor, or for terms greater than those of use, you are directly obliged to pay the price or your balance at the time it was due.
ARTICLE 1340.- Credit granted by the consignee. The consignee is responsible to the consignee for the credit granted to third parties without the diligence required by the circumstances.
ARTICLE 1341.- Prohibition. The consignee cannot buy or sell for himself the things included in the consignment.
ARTICLE 1342.- Remuneration of the consignee. If the commission has not been agreed, the one that is used in the place of fulfillment of the consignment is owed.
ARTICLE 1343.- Guarantee Commission. When, in addition to the ordinary remuneration, the consignee has agreed on another so-called "guarantee", they bear the collection risks and are directly obliged to pay the consignee the price within the agreed terms.
ARTICLE 1344.- Obligation to pay the price. If the consignee agrees to pay the price in case of not returning the things within a specified period, the consignee cannot dispose of them until they are restored.
The consignee's creditors cannot seize the consigned items until their price has been paid.
CHAPTER 10
Brokerage
ARTICLE 1345.- Definition. There is a brokerage contract when a person, called a broker, is obliged to another, to mediate in the negotiation and conclusion of one or more businesses, without having a relationship of dependence or representation with any of the parties.
ARTICLE 1346.- Conclusion of the brokerage contract. Subjects. The brokerage contract is understood to be concluded, if the broker is qualified for the professional practice of brokerage, by his intervention in the business, without express protest made known to the broker
contemporaneously with the beginning of his performance or by the performance of another runner by the other principal.
If the principal is a person of public law, the brokerage contract must comply with the relevant contracting rules.
Human or legal persons can act as brokers.
ARTICLE 1347.- Obligations of the broker. The broker must:
a) ensure the identity of the people involved in the businesses in which it mediates and their legal capacity to contract;
b) propose business with accuracy, precision and clarity, refraining from mentioning inaccurate assumptions that may mislead the parties;
c) communicate to the parties all the circumstances that are known to them and that in any way may influence the conclusion or modalities of the business;
d) Maintain confidentiality of everything that concerns negotiations in which it intervenes, which must only be transferred to a judicial or competent public authority request;
e) assist, in the operations carried out with their intervention, to the signing of the conclusive instruments and to the delivery of the objects or securities, if any of the parties requires it;
f) keep samples of the products that are negotiated with their intervention, while the possibility of controversy over the quality of the delivered remains.
ARTICLE 1348.- Prohibition. The runner is prohibited:
a) acquire, by itself or through an intermediary person, effects whose negotiation has been entrusted to it;
b) have any kind of participation or interest in the negotiation or in the goods included in it.
ARTICLE 1349.- Guarantee and representation. The broker can:
a) grant a guarantee for the obligations of one or both parties in the negotiation in which they act;
b) receive from a party the order to represent it in the execution of the business.
ARTICLE 1350.- Commission. The broker is entitled to the stipulated commission if the business is concluded as a result of his intervention. If there is no stipulation, you have the right to use it in the place where the contract was concluded or, failing that, in the place where you mainly perform
its mission. In the absence of all of them, the judge sets it.
ARTICLE 1351.- Intervention of one or more runners. If only one runner intervenes, all parties owe him commission, except for an agreement to the contrary or protest by one of the parties according to article 1346. There is no solidarity between the parties with respect to the runner. Yes
a broker intervenes for each party, each one of them only has the right to collect commission from their respective principal.
ARTICLE 1352.- Specific cases of obligation to pay the commission. Once the contract is concluded, the commission is due even though:
a) the contract is subject to a termination condition and it is not fulfilled;
b) the contract is not fulfilled, terminated, terminated or absent;
c) the broker does not conclude the contract, if he starts the negotiation and the principal entrusts its conclusion to a third party, or concludes it himself under substantially similar conditions.
ARTICLE 1353.- Specific cases in which the commission is not due. The commission is not due if the contract:
a) is subject to a suspensive condition and it is not fulfilled;
b) It is annulled due to the unlawfulness of its object, due to incapacity or lack of representation of any of the parties, or due to another circumstance known to the broker.
ARTICLE 1354.- Expenses. The broker is not entitled to reimbursement of expenses, even when the commissioned operation does not materialize, unless otherwise agreed.
ARTICLE 1355.- Special rules. The rules of this Chapter do not hinder the application of the provisions of special laws and regulations.
CHAPTER 11
Deposit
SECTION 1
General disposition
ARTICLE 1356.- Definition. There is a deposit contract when a party is obliged to receive something from another with the obligation to safeguard it and restore it with its fruits.
ARTICLE 1357.- Presumption of onerosity. The deposit is presumed onerous. If gratuity is agreed, no remuneration is owed, but the depositor must reimburse the depositary for reasonable expenses incurred for custody and restitution.
ARTICLE 1358.- Obligation of the depositary. The depositary must put in the custody of the thing the diligence that he uses for his things or that which corresponds to his profession. You cannot use things and you must restore them, with their fruits, when required.
ARTICLE 1359.- Term. If a term is agreed, it is presumed to be in favor of the depositor. But if the deposit is free, the depositary may demand from the depositor, at all times, to receive the thing deposited.
ARTICLE 1360.- Onerous deposit. If the deposit is onerous, the depositor must pay the remuneration established for the entire term of the contract, unless otherwise agreed.
If for the conservation of the thing it is necessary to make extraordinary expenses, the depositary must give immediate notice to the depositor, and make reasonable expenses caused by acts that cannot be delayed. These expenses and those of restitution are for the account of the depositor.
ARTICLE 1361.- Place of restitution. The thing deposited must be returned to the place where it should be guarded.
ARTICLE 1362.- Custody modality. If a specific way of carrying out custody has been agreed and supervening circumstances require modifying it, the depositary may do so, giving immediate notice to the depositor.
ARTICLE 1363.- Person to whom the thing must be restored. The restitution must be made to the depositor or to whom he indicates. If the thing is also deposited in the interest of a third party, the depositary cannot return it without his consent.
ARTICLE 1364.- Loss of the thing. If the thing deposited perishes through no fault of the depositary, the loss must be borne by the depositor.
ARTICLE 1365.- Proof of domain. The depositary cannot demand that the depositor prove that he is the owner of the thing deposited.
ARTICLE 1366.- Heirs. The heirs of the depositary who in good faith have alienated the deposited thing are only obliged to return to the depositor the price received. If it has not been paid, they must assign the corresponding credit.
SECTION 2
Irregular deposit
ARTICLE 1367.- Effects. If a quantity of fungible things is delivered, which is not in a closed bag, the domain of the things is transferred even if the depositor has not authorized their use or has prohibited it. The depositary must restore the same quality and quantity.
If a quantity of fungible items is delivered, and the depositary has the power to use them, the mutual rules apply.
SECTION 3
Deposit required
ARTICLE 1368.- Definition. It is a necessary deposit that in which the depositor cannot choose the person of the depositary due to an event that subjects him to an imperative need, and that of the effects introduced in the hotels by the travelers.
ARTICLE 1369.- Deposit in hotels. The deposit in the hotels takes place by the introduction in them of the effects of the travelers, although they do not expressly deliver them to the hotelier or his dependents and although they have the keys to the rooms where such are found.
effects.
ARTICLE 1370.- Responsibility. The hotelier responds to the traveler for damages and losses suffered in:
a) the effects brought into the hotel;
b) the vehicle stored in the establishment, in garages or other suitable places made available to the traveler by the hotelier.
ARTICLE 1371.- Liability exemptions. The hotelier is not liable if the damages or losses are caused by unforeseeable circumstances or force majeure unrelated to the hotel activity.
Nor is it responsible for the things left in the vehicles of the travelers.
ARTICLE 1372.- Things of value. The traveler who carries items of a value greater than that which passengers ordinarily carry must let the hotelier know and keep them in the safe deposit boxes available at the establishment.
In this case, the responsibility of the hotelier is limited to the declared value of the deposited items.
ARTICLE 1373.- Refusal to receive. If the effects of the passengers are excessively valuable in relation to the importance of the establishment, or their custody causes extraordinary inconvenience, the hoteliers may refuse to receive them.
ARTICLE 1374.- Clauses that reduce liability. Except for the provisions of articles 1372 and 1373, any clause that excludes or limits the responsibility of the hotelier is considered unwritten.
ARTICLE 1375.- Establishments and similar premises. The rules of this Section apply to hospitals, sanatoriums, health and sports houses, restaurants, garages, parking lots and places, and other similar establishments that provide their services for consideration.
The exemption provided for in the last sentence of article 1371 does not apply to garages, places and parking lots that provide their services for consideration.
SECTION 4
Warehouse houses
ARTICLE 1376.- Responsibility. The owners of deposit houses are responsible for the conservation of the things deposited there, unless they prove that the loss, decrease or damage has derived from the nature of said things, from their own vice or from those of
its packaging, or fortuitous events external to its activity.
The appraisal of the damages is made by expert arbitrators.
ARTICLE 1377.- Duties. The owners mentioned in article 1376 must:
a) give a receipt for the things that are delivered to them for their custody, describing their nature, quality, weight, quantity or measure;
b) allow the inspection of the things received in deposit to the depositor and whoever he or she indicates.
CHAPTER 12
Banking contracts
SECTION 1
General disposition
Paragraph 1
Transparency of contractual conditions
ARTICLE 1378.- Application. The provisions relating to banking contracts provided for in this Chapter apply to those entered into with entities included in the regulations on financial entities, and with persons and public and private entities not included.
expressly in that legislation when the Central Bank of the Argentine Republic provides that said regulation is applicable to them.
ARTICLE 1379.- Advertising. The advertising, the proposal and the contractual documentation must indicate precisely and prominently if the operation corresponds to the consumer portfolio or the commercial portfolio, according to the classification made by the Central Bank of the
Argentinian republic. This qualification does not prevail over the one that arises from the contract, or from the judicial decision, in accordance with the rules of this Code.
Banks must clearly inform in their advertisements the interest rate, expenses, commissions and other economic conditions of the operations and services offered.
ARTICLE 1380.- Form. Contracts must be implemented in writing, in accordance with the means regulated by this Code. The customer has the right to have a copy delivered.
ARTICLE 1381.- Content. The contract must specify the interest rate and any price, expense, commission and other economic conditions to be borne by the client. If you do not determine the interest rate, the minimum and maximum nominal is applicable, respectively, for active operations and
average liabilities of the system, published by the Central Bank of the Argentine Republic on the date of disbursement or imposition.
The referral clauses to the uses for the determination of interest rates and other prices and contractual conditions are considered unwritten.
ARTICLE 1382.- Periodic information. The bank must communicate clearly, in writing or by electronic means previously accepted by the client, at least once a year, the development of the operations corresponding to indefinite-term or long-term contracts.
greater than one year. After sixty days from the receipt of the communication, the lack of written opposition by the client is understood as acceptance of the reported operations, without prejudice to the actions provided for in the consumer contracts. Same rule
applies to the completion of any contract that provides deadlines for performance.
ARTICLE 1383.- Termination. The client has the right, at any time, to terminate a contract for an indefinite period without penalty or expenses, except those accrued before the exercise of this right.
Paragraph 2
Banking contracts with consumers and users
ARTICLE 1384.- Application. The provisions relating to consumer contracts are applicable to bank contracts in accordance with the provisions of article 1093.
ARTICLE 1385.- Advertising. The bank's announcements must contain clearly, concisely and with a representative example, information about the proposed operations. In particular, they must specify:
a) the minimum and maximum amounts of the operations individually considered;
b) the interest rate and whether it is fixed or variable;
c) fees for expenses and commissions, indicating the assumptions and the periodicity of their application;
d) the total financial cost of credit operations;
e) the existence of any accessory services for granting credit or accepting the investment and the costs related to such services;
f) the proposed duration of the contract.
ARTICLE 1386.- Form. The contract must be drawn up in writing in instruments that allow the consumer:
a) obtain a copy;
b) keep the information provided by the bank;
c) access the information for a period of time appropriate to the nature of the contract;
d) reproduce the archived information.
ARTICLE 1387.- Pre-contractual obligations. Before binding the consumer contractually, the bank must provide sufficient information so that the client can confront the different credit offers existing in the system, published by the Central Bank of the
Argentinian republic.
If the bank rejects a credit application for negative information registered in a database, it must inform the consumer immediately and free of charge of the result of the inquiry and the source from which it was obtained.
ARTICLE 1388.- Content. Without prejudice to the conditions established for banking contracts in general, no amount can be demanded from the consumer if it is not expressly provided for in the contract.
In no case may commissions or costs be charged for services not effectively rendered.
The clauses relating to costs borne by the consumer that are not included or that are incorrectly included in the total financial cost advertised or incorporated into the contractual document, are considered unwritten.
ARTICLE 1389.- Information in credit agreements. Credit contracts that do not contain information regarding the type and parts of the contract, the total amount of financing, the total financial cost and the disbursement and reimbursement conditions are void.
SECTION 2
Contracts in particular
Paragraph 1
Bank deposit
ARTICLE 1390.- Deposit in money. There is a deposit of money when the depositor transfers the property to the depositary bank, who has the obligation to return it in the currency of the same kind, at the simple request of the depositor, or at the expiration of the term or the
notice conventionally provided.
ARTICLE 1391.- Demand deposit. The demand deposit must be represented in a material or electronic document that faithfully reflects the movements and the balance of the client's account.
The bank may annul the record made by it that does not correspond to that account.
If the deposit is in the name of two or more persons, any of them may dispose of it, even in the event of the death of one, unless otherwise agreed.
ARTICLE 1392.- Term deposit. The term deposit grants the depositor the right to remuneration if he does not withdraw the amount deposited before the agreed term or notice.
The bank must issue a transferable certificate by endorsement, unless otherwise agreed, in which case the transfer can only be made through the rights assignment contract.
Paragraph 2
Bank checking account
ARTICLE 1393.- Definition. The bank checking account is the contract by which the bank undertakes to register the credits and debits on a daily basis, and in their order, in order to maintain an up-to-date and available balance of the current account and, where appropriate, to lend a
cashier service.
ARTICLE 1394.- Other services. The bank must provide the other services related to the account that result from the convention, regulations, or uses and practices.
ARTICLE 1395.- Credits and debits. Subject to the covenants, uses and regulations:
a) The deposits and remittances of money, the product of the collection of securities and the credits granted by the bank are credited to the account so that the current account holder has them;
b) The withdrawals made by the account holder, the payments or remittances made by the bank on the instructions of the bank, the commissions, expenses and taxes related to the account and the charges against the account holder resulting from other businesses that may be debited from the account have with him
Bank. Debits can be made in short.
ARTICLE 1396.- Instrumentation. Credits and debits can be made and the accounts can be kept by mechanical, electronic, computer or other means under the conditions established by the regulations, which must also determine the possibility of
real-time network connections and others that are pertinent according to the technical means available, in order to speed up and secure transactions.
ARTICLE 1397.- Check service. If the contract includes the check service, the bank must deliver the corresponding forms to the account holder, upon request.
ARTICLE 1398.- Interests. The debit balance of the current account generates interest, which is capitalized on a quarterly basis, unless the contrary results from regulations, conventions or customs. The parties may agree that the credit balance of the current account
generate capitalizable interest in the periods and at the freely agreed rate.
ARTICLE 1399.- Solidarity. In the accounts in the name of two or more people, the holders are jointly and severally liable to the bank for the balances they throw up.
ARTICLE 1400.- Property of the funds. Unless proven otherwise, it is presumed that the ownership of the existing funds in the account opened, jointly or indistinctly, in the name of more than one person belongs to the owners in equal parts.
ARTICLE 1401.- Subsidiary rules. The rules of the mandate are applicable to the orders entrusted by the account holder to the bank. If the operation must be carried out in whole or in part in a place where there is no bank house, he can entrust it to another bank or to his
correspondent. The bank is exempted from the damage caused if the entity to which it entrusts the task that causes it is chosen by the account holder.
ARTICLE 1402.- Credits or securities against third parties. The credits or securities received for collection by the bank are recorded in the account once they are made effective. If the bank establishes it before in the account, it can exclude its value from the account as long as it has not actually received
the collection.
ARTICLE 1403.- Summaries. Unless there are terms other than the regulations, the convention or the uses:
a) the bank must send the account holder within eight days after the end of each month, an extract of the account movements and the balances resulting from each credit and debit;
b) the summary is presumed accepted if the account holder does not observe it within ten days of its receipt or claims not to have received it, but allows thirty days to elapse from the expiration of the period in which the bank must send it, without claiming it.
The communications provided for in this article must be made in the manner provided by the regulations, which may consider the use of mechanical, electronic, computing or other means.
ARTICLE 1404.- Account closure. The checking account is closed:
a) By unilateral decision of either party, with ten days' notice, unless otherwise agreed;
b) due to bankruptcy, death or incapacity of the account holder;
C) by revocation of the authorization to operate, bankruptcy or liquidation of the bank;
d) for other causes arising from the regulation or the convention.
ARTICLE 1405.- Compensation of balances. When the bank closes more than one account of the same owner, it must offset their balances until they are present, even if they are expressed in different currencies.
ARTICLE 1406.- Execution of balance. Once an account has been closed, and the account holder informed, if the bank is authorized to operate in the Republic, it can issue a title with executive effectiveness. The document must be signed by two people, proxies for the bank
by public deed, which must indicate:
a) the day the account is closed;
b) the balance as of said date;
c) the means by which both circumstances were communicated to the account holder.
The bank is responsible for the damage caused by the issuance or improper use of said title.
ARTICLE 1407.- Guarantees. The debit balance of the checking account can be guaranteed with a mortgage, pledge, surety or any other kind of guarantee.
Paragraph 3
Bank loan and discount
ARTICLE 1408.- Bank loan. The bank loan is the contract by which the bank undertakes to deliver a sum of money, obliging the borrower to repay it and to pay the interest in the currency of the same kind, in accordance with the agreement.
ARTICLE 1409.- Bank discount. The bank discount contract obliges the holder of a credit against third parties to assign it to a bank, and the latter to advance the amount of the credit, in the same currency, in accordance with the agreement.
The bank is entitled to the restitution of the anticipated sums, even if the discount takes place through the endorsement of bills of exchange, promissory notes or checks and has exercised the rights and actions derived from the title against the third party.
Paragraph 4
Credit opening
ARTICLE 1410.- Definition. In the opening of credit, the bank is obliged, in exchange for a remuneration in the currency of the same type of the main obligation, in accordance with the agreed, to keep a credit of money available to another person, within the agreed limit and
for a fixed or indeterminate time; If the duration of availability is not stated, it is considered indefinite.
ARTICLE 1411.- Availability. The use of the credit up to the agreed limit extinguishes the bank's obligation, unless it is agreed that the reimbursements made by the borrower are available during the term of the contract or until notice of expiration.
ARTICLE 1412.- Character of availability. The availability cannot be invoked by third parties, it is not attachable, nor can it be used to offset any other obligation of the borrower.
Paragraph 5
Safe deposit box service
ARTICLE 1413.- Obligations in charge of the parties. The provider of a safe deposit box responds to the user for the suitability of the custody of the premises, the integrity of the boxes and their content, in accordance with the agreement and the expectations created in the user. Not
Responds for a fortuitous event external to its activity, nor for its own vice of the things stored.
ARTICLE 1414.- Limits. The clause that exempts the provider from liability is considered unwritten. The limiting clause of the provider's liability is valid up to a maximum amount only if the user is duly informed and the limit does not matter one
denaturalization of the provider's obligations.
ARTICLE 1415.- Proof of content. Proof of the contents of the safe can be done by any means.
ARTICLE 1416.- Plurality of users. If the users are two or more people, any of them, indistinctly, has the right to access the box.
ARTICLE 1417.- Withdrawal of effects. Once the term has expired or the contract is terminated due to non-payment or for any other cause conventionally foreseen, the provider must give the other party reliable notice of the expiration date, with the warning to proceed, after thirty
days of the notice, to the forced opening of the box before a notary public. Where appropriate, the provider must notify the user of the forced opening of the box, making its contents available to them, prior payment of the amount owed, for a period of three months; expired that term and not
having presented the user, you can collect the unpaid price of the funds found in the box. Failing that, it can proceed to the sale of the necessary effects to cover what is owed in the manner provided by article 2229, giving notice to the user. The proceeds of the sale are
applies to the payment of what is owed. The remaining assets must be judicially consigned by any of the channels provided for in this Code.
Paragraph 6
Custody of titles
ARTICLE 1418.- Obligations in charge of the parties. The bank that assumes in exchange for remuneration the custody of securities under administration must proceed to safeguard them, manage the collection of interest or dividends and the repayments of capital on behalf of the depositor and,
in general, provide the protection of the rights inherent to the titles.
ARTICLE 1419.- Omission of instructions. The omission of instructions from the depositor does not release the bank from exercising the rights arising from the securities.
ARTICLE 1420.- Provision. Authorization granted to the bank. In the deposit of securities, the authorization granted to the bank to dispose of them is valid, obliging itself to deliver others of the same kind, quality and quantity, when it had been expressly agreed and the
characteristics of the titles allow it. If the restitution is impossible to fulfill, the bank must cancel the obligation with the payment of a sum of money equivalent to the value of the securities at the time the return must be made.
CHAPTER 13
Factoring contract
ARTICLE 1421.- Definition. There is a factoring contract when one of the parties, called factor, is obliged to acquire for a certain or determinable price in money the credits originated in the commercial line of the other, called factoring, being able to grant an advance
on such credits, assuming or not the risks.
ARTICLE 1422.- Other services. The acquisition can be complemented with administration and collection management services, technical, commercial or administrative assistance regarding the assigned credits.
ARTICLE 1423.- Credits that the factoring party may assign. Global assignments of part or all of the factoring credits are valid, both existing and future, provided that the latter are determinable.
ARTICLE 1424.- Contract. Items to include. The contract must include the relationship of the credit rights that are transmitted, the identification of the factor and factoring and the data necessary to identify the representative documents of the credit rights, their
amounts and their issuance and expiration dates or the elements that allow their identification when factoring is determinable.
ARTICLE 1425.- Effect of the contract. The contractual document is a sufficient title for the transfer of the assigned rights.
ARTICLE 1426.- Guarantee and capacity. The real and personal guarantees and the early withholding of a percentage of the assigned credit to guarantee its uncollectibility or capacity are valid and subsist until the expiration of the obligations of the factoring party.
ARTICLE 1427.- Impossibility of collecting the assigned credit right. When the collection of the assigned credit right is not possible for a reason that has its cause in the legal act that gave rise to it, the factoring party responds for the loss of value of the credit rights
assigned, even when the factoring was carried out without guarantee or recourse.
ARTICLE 1428.- Notification to the assigned debtor. The transfer of the rights of the assigned credit must be notified to the assigned debtor by any means that reasonably evidences its receipt.
CHAPTER 14
Contracts entered into on the stock exchange or trading market
ARTICLE 1429.- Applicable standards. The contracts entered into in a stock exchange or market for trading, securities or products, as long as they are authorized and operate under state control, are governed by the rules issued by their authorities and approved by the regulatory body.
control. These rules may provide for the settlement of the contract for difference; regulate derivative contracts and operations; set guarantees, margins and other securities; establish the daily or periodic determination of the positions of the parties and their settlement in the event of events such as
bankruptcy, bankruptcy or death of one of them, compensation and the establishment of a net balance of operations between the same parties and the other aspects necessary for its operation.
CHAPTER 15
Current account
ARTICLE 1430.- Definition. Checking account is the contract by which two parties agree to register in an account the reciprocal remittances that are made and they are obliged not to demand or dispose of the credits resulting from them until the end of a period, at which expiration
they are offset, making the resulting balance payable and available.
ARTICLE 1431.- Content. All credits between the parties resulting from securities or contractual relationships subsequent to the contract are included in the current account, unless otherwise stipulated. Credits cannot be incorporated into a checking account
not compensable or illiquid or litigious.
ARTICLE 1432.- Deadlines. Except for convention or use to the contrary, it is understood that:
a) the periods are quarterly, counting the first from the date of execution of the contract;
b) the contract does not have a specific term. In this case, any of the parties may terminate it by granting a notice of not less than ten days to the other by reliable means, at whose expiration the closing, compensation and balance of the account occurs; but this cannot be demanded
before the date on which the period that is in progress when the notice is issued must end;
c) If the contract has a specific term, it is renewed by tacit renewal. Either party can give ten days advance notice of expiration of its decision not to continue it or the exercise of the right indicated in subsection b), final part, of this article, after the expiration date.
expiration of the original term of the contract;
d) If the contract continues or is renewed after a closing, the balance of the previous remittance is considered the first remittance of the new period, unless the contrary results from an express declaration of the party that keeps the account contained in the communication of the summary and
balance of the period, or of the other, within the term of article 1438, first paragraph.
ARTICLE 1433.- Interests, commissions and expenses. Unless otherwise agreed, it is understood that:
a) Remittances accrue interest at the agreed rate or, failing that, at the use rate and, in the absence thereof, at the legal rate;
b) the balance is considered productive interest capital, applying the rate according to item a);
c) the parties may agree to capitalize interest in terms of less than one period;
d) The commissions and expenses related to the registered operations are included in the account, as remittances.
ARTICLE 1434.- Guarantees of incorporated credits. The real or personal guarantees of each credit incorporated are transferred to the account balance, as long as the guarantor has given its prior acceptance.
ARTICLE 1435.- Clause "except lace". Unless otherwise agreed, the inclusion of a credit against a third party in the current account is understood to have been carried out with the clause "except reserve requirements".
If the credit is not satisfied upon maturity, or before it becomes enforceable against any obligee, the recipient of the remittance may, at its option, exercise the action to collect or eliminate the item from the account, with reimbursement of the rights and instruments to the other party. Can
The item should be eliminated from the account even after having exercised the actions against the debtor, to the extent that the credit and its accessories remain unpaid.
The elimination of the item from the account or its counter-entry cannot be made if the receiving account holder has damaged the credit or the security sent.
ARTICLE 1436.- Embargo. The seizure of the eventual balance of the account by a creditor of one of the account holders, prevents the other from applying new remittances that harm the garnishee's right, since he has been notified of the measure. New remittances are not considered
that result from rights already existing at the time of the embargo, even when they have not been effectively recorded in the accounts of the parties.
The notified account holder must inform the other of the embargo by reliable means and is empowered to terminate the contract.
ARTICLE 1437.- Ineffectiveness. The inclusion of a credit in a checking account does not prevent the exercise of the actions or of the exceptions that tend to the ineffectiveness of the act from which it derives. Declared ineffectiveness, the credit must be removed from the account.
ARTICLE 1438.- Account summaries. Approval. The account summaries that one party receives from the other are presumed accepted if they are not observed within ten days of receipt or that resulting from the convention or usage.
Observations are resolved by the shortest procedure provided by local law.
ARTICLE 1439.- Guarantees. The current account balance can be guaranteed with a mortgage, pledge, surety or any other guarantee.
ARTICLE 1440.- Executive collection of the balance. The collection of the balance of the current account can be demanded by executive means, which is expedited in any of the following cases:
a) If the account summary in which the balance is recorded is signed with the signature of the debtor certified by a notary or judicially recognized. Recognition must comply with local procedural norms and can be obtained in a fictional way;
b) If the summary is accompanied by a balance certified by a public accountant and notified by notarial act at the contractual address, setting the seat of the notary's registry for the receipt of observations within the term of article 1438. In this case, the executive title
it is configured by the notarial certificate that accompanies the notification act, the accountant's certification and the notary's record of not having received observations in time.
ARTICLE 1441.- Termination of the contract. The following are special means of extinguishing the current account contract:
a) the bankruptcy, death or incapacity of any of the parties;
b) the expiration of the term or the termination, as provided in article 1432;
c) in the case provided for in article 1436;
d) by law, after two full periods or a period of one year, whichever is less, without the parties having made any remittance with application to the contract, except for an agreement to the contrary;
e) for the other causes provided in the contract or in particular laws.
CHAPTER 16
Associative contracts
SECTION 1
General disposition
ARTICLE 1442.- Applicable standards. The provisions of this Chapter apply to any collaboration, organization or participatory contract, with a community of purpose, that is not a partnership.
The rules on society are not applied to these contracts, they are not, nor are they constituted by means of them, legal persons, companies or subjects of law.
To the communions of real rights and to the hereditary indivision, the provisions on associative contracts or those of the society do not apply.
ARTICLE 1443.- Nullity. If the parties are more than two, the nullity of the contract with respect to one of the parties does not produce the nullity between the others and the breach of one does not excuse that of the others, except that the provision of the one that has breached or with respect to which the
contract is void is necessary for the realization of the object of the contract.
ARTICLE 1444.- Form. The contracts referred to in this Chapter are not subject to formal requirements.
ARTICLE 1445.- Acting in common name or of the parties. When a party deals with a third party on behalf of all the parties or of the common organization established in the associative contract, the other parties do not become creditors or debtors with respect to the third party but rather
in accordance with the provisions on representation, the provisions of the contract, or the rules of the following Sections of this Chapter.
ARTICLE 1446.- Freedom of content. In addition to being able to choose the types that are regulated in the following Sections of this Chapter, the parties are free to configure these contracts with other content.
ARTICLE 1447.- Effects between parties. Although registration is provided for in the following Sections of this Chapter, non-registered contracts produce effects between the parties.
SECTION 2
Joint venture
ARTICLE 1448.- Definition. The purpose of the joint venture is to carry out one or more operations determined to be carried out through common contributions and in the personal name of the manager. It does not have a denomination, it is not subject to formal requirements, nor is it registered
in the Public Registry.
ARTICLE 1449.- Manager. Performance and responsibility. Third parties acquire rights and assume obligations only with respect to the manager. The liability of the latter is unlimited. If more than one manager acts, they are jointly and severally liable.
ARTICLE 1450.- Participant. Participant is the part of the business that does not act against third parties. It has no action against the latter or the latter against the former, as long as the appearance of a common action is not shown.
ARTICLE 1451.- Information rights and accountability. The participant has the right for the manager to provide information and access to documentation related to the business. You also have the right to accountability for management in the manner and time agreed; and in
Defect of agreement, annually and at the conclusion of the negotiation.
ARTICLE 1452.- Limitation of losses. The losses that affect the participant cannot exceed the value of their contribution.
SECTION 3
Collaboration pools
ARTICLE 1453.- Definition. There is a collaboration grouping contract when the parties establish a common organization in order to facilitate or develop certain phases of the activity of its members or to improve or increase the result of such
activities.
ARTICLE 1454.- Absence of lucrative purpose. The group, as such, cannot pursue profit. The economic advantages generated by its activity must fall directly on the assets of the grouped or consortium parties.
The grouping cannot exercise management functions over the activity of its members.
ARTICLE 1455.- Contract. Form and content. The contract must be granted by public or private instrument with a notarized signature and registered in the corresponding Public Registry. A certified copy with the corresponding registration data must be
sent by the Registry to the enforcement body of the antitrust regime.
The contract must contain:
a) the purpose of the grouping;
b) the duration, which cannot exceed ten years. If it is established for a longer time, it is reduced to that term. In case of omission of the term, it is understood that the duration is ten years. It can be extended before its expiration by unanimous decision of the participants by
successive terms of up to ten years. The contract cannot be extended if there are seizing creditors of the participants and they are not previously disinterested;
c) the denomination, which is formed with a fancy name integrated with the word “grouping”;
d) the name, business name or denomination, address and registration data of the contract or statute or of the registration and individualization, where appropriate, of each of the participants. In the case of companies, the list of the resolution of the corporate body that approves the
hiring of the group, as well as its date and number of minutes;
e) the establishment of a special domicile for all purposes arising from the grouping contract, both between the parties and with respect to third parties;
f) the obligations assumed by the participants, the contributions due to the operational common fund and the ways of financing the common activities;
g) the participation that each contractor must have in common activities and their results;
h) the means, attributions and powers that are established to direct the organization and common activity, administer the operating fund, represent the participants individually and collectively and control their activity for the sole purpose of verifying compliance with the obligations
assumed;

i) cases of separation and exclusion;
j) the admission requirements for new participants;
k) sanctions for breach of obligations;
l) the rules for the preparation of statements of situation, for which purpose the administrators must keep, with the formalities established by this Code, the books authorized in the name of the group required by the nature and importance of the common activity.
Page 9ARTICLE 1456.- Resolutions. The resolutions related to the realization of the object of the grouping are adopted by the vote of the absolute majority of the participants, except as otherwise provided in the contract.
The challenge of the resolutions can only be based on the violation of legal or contractual provisions. The action must be directed against each one of the members of the group and raised before the court of the domicile established in the contract, within thirty days of
have reliably notified the decision of the grouping.
Meetings or consultations with participants must be held whenever required by an administrator or any of the participants.
The contract cannot be modified without the unanimous consent of the participants.
ARTICLE 1457.- Direction and administration. The direction and administration must be in charge of one or more human persons designated in the contract, or later by resolution of the participants. The rules of the mandate apply.
If there are several administrators, if nothing is said in the contract, they can act indistinctly.
ARTICLE 1458.- Operating common fund. The contributions of the participants and the goods that are acquired with them constitute the group's operating common fund. During the period established for its duration, the assets must be kept undivided, and the creditors
particulars of the participants cannot assert their rights over them.
ARTICLE 1459.- Obligations. Solidarity. Participants are liable unlimited and jointly and severally with respect to third parties for the obligations that their representatives assume on behalf of the group. The action is expedited after having unsuccessfully questioned the
pool administrator. The defendant for compliance with the obligation has the right to oppose the personal and common defenses that correspond to the group.
The represented participant is jointly and severally liable with the operating common fund for the obligations that the representatives have assumed on behalf of a participant, making it known to the third party at the time of being bound.
ARTICLE 1460.- States of situation. The status of the group must be submitted for decision by the participants within ninety days of the close of each annual fiscal year.
The profits or losses or, where appropriate, the income and expenses of the participants derived from their activity, can be attributed to the year in which they occur or to the one in which the accounts of the group are approved.
ARTICLE 1461.- Extinction. The grouping contract expires:
a) by the decision of the participants;
b) due to the expiration of the term for which it is constituted; by the achievement of the object for which it is formed or by the supervening impossibility of achieving it;
c) by reducing the number of participants to one;
d) due to disability, death, dissolution or bankruptcy of a participant, unless the contract provides for its continuation or the other participants decide unanimously;
e) by final decision of the competent authority that considers that the group, by its object or by its activity, pursues the performance of restrictive competition practices;
f) for causes specifically provided for in the contract.
ARTICLE 1462.- Partial non-voluntary bond resolution. Without prejudice to the provisions of the contract, any participant may be excluded by unanimous decision of the others, if he habitually contravenes his obligations, disturbs the operation of the group or
you are in serious breach.
When the contract only binds two people, if one incurs in any of the indicated causes, the other participant can declare the termination of the contract and claim compensation for the damages from the breach.
SECTION 4
Transitory Unions
ARTICLE 1463.- Definition. There is a temporary union contract when the parties meet for the development or execution of specific works, services or supplies, within or outside the Republic. They can develop or execute the works and complementary services and accessories to the
main object.
ARTICLE 1464.- Contract. Form and content. The contract must be granted by public or private instrument with a notarized signature, which must contain:
a) the object, with a specific determination of the activities and the means to carry them out;
b) the duration, which must be equal to that of the work, service or supply that constitutes the object;
c) the name, which must be that of some, some or all of the members, followed by the expression “temporary union”;
d) the name, company name or denomination, address and, if it has them, the data of the registration of the contract or statute or of the registration or individualization that corresponds to each of the members. In the case of companies, the relationship of the resolution of the corporate body
that it approves the celebration of the transitory union, its date and number of minutes;
e) the establishment of a special domicile for all purposes arising from the contract, both between parties and with respect to third parties;
f) the obligations assumed, the contributions due to the operating common fund and the ways of financing the common activities, if applicable;
g) the name and address of the representative, who may be a human or legal person;
h) the method to determine the participation of the parties in the distribution of income and the assumption of the expenses of the union or, where appropriate, of the results;
i) the cases of separation and exclusion of the members and the grounds for termination of the contract;
j) the admission requirements for new members;
k) sanctions for breach of obligations;
l) the rules for the preparation of the statements of situation, for which purpose the administrators must keep, with the formalities established in articles 320 and following, the books required and enabled in the name of the transitory union that require the nature and importance of
common activity.
ARTICLE 1465.- Representative. The representative has the sufficient powers of each and every one of the members to exercise the rights and contract the obligations that they make to the development or execution of the work, service or supply; the designation of the representative is not
Revocable without cause, except unanimous decision of the participants. With just cause, the revocation can be decided by the vote of the absolute majority.
ARTICLE 1466.- Registration registration. The contract and the appointment of the representative must be registered in the corresponding Public Registry.
ARTICLE 1467.- Obligations. Not solidarity. Unless otherwise provided in the contract, the solidarity of the members is not presumed for the acts and operations carried out in the transitory union, nor for the obligations contracted to third parties.
ARTICLE 1468.- Agreements. The agreements must always be adopted unanimously, unless otherwise agreed.
ARTICLE 1469.- Bankruptcy, death or disability. The bankruptcy of any of the participants, and the death or incapacity of the human members, does not cause the termination of the temporary union contract, which continues with the rest if they agree on how to do it.
charge of the benefits before third parties.
SECTION 5
Cooperation consortia
ARTICLE 1470.- Definition. There is a cooperation consortium contract when the parties establish a common organization to facilitate, develop, increase or carry out operations related to the economic activity of their members in order to improve or increase their
results.
ARTICLE 1471.- Exclusion of the management or control function. The cooperation consortium cannot exercise management or control functions over the activities of its members.
ARTICLE 1472.- Participation in the results. The results generated by the activity carried out by the cooperation consortium are distributed among its members in the proportion established in the contract and, failing that, in equal parts.
ARTICLE 1473.- Form. The contract must be granted by public or private instrument with a notarized signature, and registered together with the appointment of their representatives in the corresponding Public Registry.
ARTICLE 1474.- Content. The contract must contain:
a) the name and personal data of the individual members, and in the case of legal persons, the name, denomination, address and, if it has them, data of registration of the contract or social statute of each of the participants. Legal persons, in addition, must record the
date of the minutes and, the mention of the corporate body that approves participation in the consortium;
b) the purpose of the consortium;
c) the duration of the contract;
d) the denomination, which is formed with a fantasy name integrated with the legend “Consortium of cooperation”;
e) the establishment of a special domicile for all purposes arising from the contract, both with respect to the parties and in relation to third parties;
f) the constitution of the operating common fund and the determination of its amount, as well as the participation that each party assumes in it, including the form of its updating or increase in its case;
g) the obligations and rights agreed by the members;
h) the participation of each contractor in the investment of the consortium project (s), if any, and the proportion in which each participates in the results;
i) the proportion in which the participants are responsible for the obligations assumed by the representatives on their behalf;
j) the forms and areas of decision-making for the fulfillment of the object. The obligation to hold a meeting to discuss issues related to the business of the object should be foreseen when requested by any of the participants by themselves or by
representative. Resolutions are adopted by an absolute majority of the parties, except that the constitution contract provides for another form of computation;
k) the determination of the number of representatives of the consortium, name, address and other personal data, form of election and substitution, as well as their faculties, powers and, in case the representation is plural, forms of action. In the event of resignation, incapacity or
revocation of mandate, the new representative is appointed by an absolute majority of the members, unless otherwise provided in the contract. The same mechanism must be required to authorize the substitution of power;
l) the majorities necessary for the modification of the constituent contract. In case of silence, unanimity is required;
m) the forms of treatment and the majorities to decide the exclusion and admission of new participants. In case of silence, the admission of new members requires unanimity;
n) sanctions for non-compliance by members and representatives;
ñ) the grounds for termination of the contract and the forms of liquidation of the consortium;
o) an annual date for the treatment of the balance sheet by the members of the consortium;
p) the constitution of the operating fund, which must remain undivided for the entire duration of the consortium.
ARTICLE 1475.- Accounting rules. The contract must establish the rules on the preparation and approval of the financial statements, the attribution of results and the rendering of accounts, which adequately reflect all the operations carried out in the fiscal year through
the use of adequate accounting techniques. The movements must be consigned in accounting books kept with the formalities established by law. A book of minutes must be kept in which the corresponding minutes must be drawn up for all the meetings that are held and the
resolutions that are adopted.
ARTICLE 1476.- Obligations and responsibility of the representative. The representative must keep the accounting books and draw up the financial statements. It must also inform the members of the existence of grounds for termination provided for in the contract or
in the law and take the measures and urgent precautions that correspond.
It is responsible for ensuring that the character of a consortium is externalized in all actions.
ARTICLE 1477.- Responsibility of the participants. The contract may establish the proportion in which each member is responsible for the obligations assumed on behalf of the consortium. In case of silence, all members are jointly and severally liable.
ARTICLE 1478.- Termination of the contract. The cooperation consortium contract is terminated by:
a) the exhaustion of its object or the impossibility of executing it;
b) the expiration of the established period;
c) the unanimous decision of its members;
d) reduction of the number of members to one.
The death, incapacity, dissolution, liquidation, preventive bankruptcy, cessation of payments or bankruptcy of any of the members of the consortium, does not extinguish the contract, which continues with the rest, unless this is factually or legally impossible.
CHAPTER 17
Agency
ARTICLE 1479.- Definition and form. There is an agency contract when a party, called an agent, undertakes to promote business on behalf of another named preponent or employer, in a stable, continuous and independent way, without any employment relationship,
through remuneration.
The agent is an independent intermediary, he does not assume the risk of the operations nor does he represent the preponent.
The contract must be in writing.
ARTICLE 1480.- Exclusivity. The agent has the right to exclusivity in the field of business, in the geographical area, or with respect to the group of people, expressly determined in the contract.
ARTICLE 1481.- Relationship with several businessmen. The agent can contract his services with several employers. However, it cannot accept operations in the same business line or in competition with those of one of its proponents, without the latter expressly authorizing it.
ARTICLE 1482.- Agent guarantee. The agent cannot be the guarantor of the buyer's collection presented to the entrepreneur, but up to the amount of the commission that may have been advanced or collected, by virtue of the operation concluded by the principal.
ARTICLE 1483- Obligations of the agent. The obligations of the agent are:
a) safeguard the interests of the employer and act in good faith in the performance of their activities;
b) deal with the diligence of a good businessman with the promotion and, where appropriate, with the conclusion of the acts or operations entrusted to him;
c) carry out its duties in accordance with the instructions received from the employer and transmit to the latter all the information at its disposal regarding its management;
d) inform the employer, without delay, of all the deals dealt with or concluded and, in particular, regarding the solvency of the third parties with whom operations are proposed or concluded;
e) receive on behalf of the employer the claims of third parties regarding defects or defects in the quality or quantity of the goods sold or the services provided as a result of the operations promoted, even if he has not concluded them, and transmit them immediately;
f) independently record the acts or operations relating to each entrepreneur on whose behalf they act.
ARTICLE 1484.- Obligations of the employer. The employer's obligations are:
a) act in good faith, and do all that is incumbent upon him, taking into account the circumstances of the case, to allow the agent the normal exercise of his activity;
b) make available to the agent with sufficient notice and in the appropriate quantity, samples, catalogs, rates and other elements that are available and necessary for the development of the agent's activities;
c) pay the agreed remuneration;
d) communicate to the agent, within the term of use or, failing that, within fifteen business days of its knowledge, the acceptance or rejection of the proposal that has been transmitted;
e) notify the agent, within the term of use or, failing that, within fifteen business days of receipt of the order, the partial execution or lack of execution of the proposed business.
ARTICLE 1485.- Representation of the agent. The agent does not represent the employer for the purposes of the conclusion and execution of the contracts in which it acts, except to receive claims from third parties provided for in article 1483, paragraph e). The agent must have special power
to collect the credits resulting from its management, but in no case can it grant withdrawals or waits or consent to agreements, withdrawals or bankruptcy settlements, without express powers, of a special nature, which specifically state the amount of the deduction or the term
waiting. The agent is prohibited from giving up the collection of a credit from the employer in whole or in part.
ARTICLE 1486.- Remuneration. If there is no express agreement, the agent's remuneration is a variable commission depending on the volume or value of the acts or contracts promoted and, where appropriate, concluded by the agent, in accordance with the uses and practices of the place of operation of the
agent.
ARTICLE 1487.- Basis for the calculation. Whatever the form of the agreed remuneration, the agent has the right to receive it for the operations concluded with his intervention, during the term of the agency contract and provided that the price is charged by the employer. In the
The same conditions are also entitled:
a) if there are operations concluded after the termination of the agency contract;
b) if the contract is concluded with a client that the agent previously presented for a similar business, provided that there is no other agent entitled to remuneration;
c) if the agent has exclusivity for a geographical area or for a specific group of people, when the contract is concluded with a person belonging to said area or group, even if the agent does not promote it, except for a special and express agreement to the contrary.
ARTICLE 1488.- Accrual of the commission. The right to commission arises at the time of the conclusion of the contract with the third party and the payment of the price to the employer. The commission must be paid to the agent within twenty business days from full payment or
partial price to the entrepreneur.
When the action of the agent is limited to the promotion of the contract, the order transmitted to the employer is presumed accepted, for the purposes of the right to receive remuneration in the future, except for rejection or reservation formulated by the latter within the term provided for in article 1484 , subsection
d).
ARTICLE 1489.- Remuneration subject to execution of the contract. The clause that subordinates the perception of the remuneration, in whole or in part, to the execution of the contract, is valid if it has been expressly agreed.
ARTICLE 1490.- Expenses. Unless otherwise agreed, the agent is not entitled to reimbursement of expenses arising from the exercise of its activity.
ARTICLE 1491.- Term. Unless otherwise agreed, it is understood that the agency contract is concluded for an indefinite period. The continuation of the relationship after the expiration of an agency contract with a specified term, transforms it into a time contract
indeterminate.
ARTICLE 1492.- Advance notice. In agency contracts for an indefinite period, either party can terminate it with prior notice.
The notice period must be one month for each year of the contract.
The end of the notice period must coincide with the end of the calendar month in which it operates.
The provisions of this article apply to contracts of limited duration transformed into contracts of unlimited duration, for which purpose, in the calculation of the notice period, the limited duration that precedes it must be computed.
The parties may provide notice periods longer than those established in this article.
ARTICLE 1493.- Omission of notice. In the cases of article 1492, the omission of notice gives the other party the right to compensation for the earnings missed during the period.
ARTICLE 1494.- Resolution. Other causes. The agency contract is resolved by:
a) death or incapacity of the agent;
b) dissolution of the legal entity that enters into the contract, which does not derive from a merger or spin-off;
c) firm bankruptcy of any of the parties;
d) expiration of the term;
e) serious or repeated breach of the obligations of one of the parties, in such a way as to reasonably cast doubt on the possibility or intention of the breach of compliance with the exact fulfillment of the successive obligations;
f) significant decrease in the agent's turnover.
ARTICLE 1495.- Manner in which the resolution operates. In the cases provided for in subsections a) to d) of article 1494, the resolution operates by operation of law, without the need for prior notice or declaration by the other party, without prejudice to the provisions of article 1492 in the event of
indefinite time.
In the case of subsection e) of article 1494, each party can directly terminate the contract.
In the case of subsection f) of article 1494, article 1492 applies, except that the agent decreases his turnover for two consecutive years, in which case the notice period should not exceed two months, whatever the duration. of the contract, even
when the contract is for a specified term.
ARTICLE 1496.- Merger or spin-off. The contract is terminated if the legal entity that has entered into the contract merges or splits and either of these two circumstances causes a substantial detriment to the position of the agent. The indemnities of article 1497 are due and, in
where appropriate, those of article 1493.
ARTICLE 1497.- Compensation for clients. Once the contract is terminated, whether for a specified or indefinite period, the agent who, through his work, has significantly increased the turn of the businessman's operations, has the right to compensation if his activity
The former may continue to produce substantial benefits to the latter.
In the event of the death of the agent, this right corresponds to his heirs.
In the absence of an agreement, the compensation must be set by the court and may not exceed the amount equivalent to one year of remuneration, net of expenses, averaging the value of those received by the agent during the last five years, or during the entire duration period. of
contract, if it is lower.
This compensation does not prevent the agent, where appropriate, from claiming for damages arising from the breakdown due to the fault of the employer.
ARTICLE 1498.- Compensation for clients. Exceptions There is no right to compensation if:
a) the employer terminates the contract due to breach of the agent;
b) the agent terminates the contract, unless the termination is justified by breach of the employer; or due to the age, disability or illness of the agent, which does not allow a reasonable demand for the continuity of their activities. This power can be exercised by both parties.
ARTICLE 1499.- Non-competition clause. The parties may agree to non-competition clauses for the agent after the end of the contract, if the latter provides for the exclusivity of the agent in the business line of the entrepreneur. They are valid as long as they do not exceed one year and are
apply to a territory or group of people that are reasonable, taking into account the circumstances.
ARTICLE 1500.- Subagency. The agent cannot, except with the express consent of the employer, institute subagents. The relations between agent and subagent are governed by this Chapter. The agent is jointly and severally liable for the actions of the subagent, who, however, does not
It has a direct link with the employer.
ARTICLE 1501.- Excluded cases. The rules of this Chapter do not apply to stockbrokers or securities, futures and options or derivatives markets; to insurance producers or agents; to financial agents, or exchange agents, to maritime or aeronautical agents and
the other groups governed by special laws regarding the operations they carry out.
CHAPTER 18
Concession
ARTICLE 1502.- Definition. There is a concession contract when the concessionaire, acting in the name and on his own account vis-à-vis third parties, is obliged by means of remuneration to have his business organization available to market goods provided by the grantor,
provide services and supply spare parts and accessories as agreed.
ARTICLE 1503.- Exclusivity. Goods. Unless otherwise agreed:
a) The concession is exclusive for both parties in the determined territory or area of ​influence. The grantor cannot authorize another concession in the same territory or area and the concessionaire cannot, by himself or through a third party, carry out acts of the concession outside
of those limits or act in competitive activities;
b) the concession includes all goods manufactured or supplied by the grantor, including new models.
ARTICLE 1504.- Obligations of the grantor. The grantor's obligations are:
a) Provide the concessionaire with a minimum quantity of merchandise that allows it to adequately meet sales expectations in its territory or area, in accordance with the payment, financing and guarantee guidelines provided in the contract. The contract may foresee the
determination of sales objectives, which must be set and communicated to the dealer in accordance with the agreement;
b) respect the territory or area of ​influence exclusively assigned to the concessionaire. The agreements that, despite exclusivity, reserve for the grantor certain types of direct sales or special sales modalities are valid;
c) provide the concessionaire with the technical information and, where appropriate, the manuals and training of personnel necessary for the operation of the concession;
d) provide for a reasonable period, where appropriate, spare parts for the products sold;
e) Allow the use of trademarks, trademarks and other distinctive elements, to the extent necessary for the exploitation of the concession and for the publicity of the concessionaire within its territory or area of ​influence.
ARTICLE 1505.- Obligations of the concessionaire. The obligations of the concessionaire are:
a) Buy exclusively from the grantor the goods and, where appropriate, the spare parts that are the object of the concession, and maintain the agreed stock of them or, in the absence of an agreement, the sufficient quantity to ensure the continuity of business and the attention of the public consumer;
b) respect the geographical limits of action and refrain from marketing merchandise outside of them, directly or indirectly through a third party;
c) have the premises and other facilities and equipment that are necessary for the proper performance of its activity;
d) provide pre-delivery and maintenance services for the goods, if so agreed;
e) adopt the sales, advertising and accounting system established by the grantor;
f) train its personnel in accordance with the grantor's standards.
Without prejudice to the provisions of subsection a) of this article, the concessionaire may sell merchandise of the same branch that has been delivered in part of payment of those that it commercializes because of the concession, as well as finance both and sell, expose or promote
other goods or services that are authorized by the contract, even if they are not accessories to the goods that are the object of the concession nor are they intended for it.
ARTICLE 1506.- Deadlines. The term of the concession contract cannot be less than four years. If a shorter term has been agreed or if the time is indeterminate, it is understood to be agreed for four years.
Exceptionally, if the grantor provides the concessionaire with the use of the main facilities sufficient for its performance, a shorter term may be foreseen, not less than two years.
The continuation of the relationship after the expiration of the term determined by the contract or by law, without specifying the new term beforehand, transforms it into a contract for an indefinite period.
ARTICLE 1507.- Remuneration. Expenses. The concessionaire is entitled to a remuneration, which may consist of a commission or a margin on the price of the units sold by him to third parties or acquired from the grantor, or also in fixed amounts or other agreed forms
with the grantor.
Operating expenses are the responsibility of the concessionaire, except for those necessary to attend pre-delivery or free warranty services to customers, where appropriate, which must be paid by the grantor in accordance with the agreement.
ARTICLE 1508.- Termination of contracts for an undetermined time. If the concession contract is for an indefinite period:
a) Articles 1492 and 1493 are applicable;
b) The grantor must reacquire the new products and spare parts that the concessionaire has acquired in accordance with the obligations agreed in the contract and that has in existence at the end of the notice period, at the ordinary sale prices to the dealers at the time of the
pay.
ARTICLE 1509.- Resolution of the concession contract. Causal. Article 1494 applies to the concession contract.
SECTION 1510.- Subconcessionaires. Assignment of the contract. Except for an agreement to the contrary, the concessionaire cannot designate sub-concessionaires, agents or sales intermediaries, nor can any of the parties assign the contract.
ARTICLE 1511.- Application to other contracts. The rules in this Chapter apply to:
a) contracts for the sale or commercialization of software or similar procedures;
b) distribution contracts, insofar as they are relevant.
CHAPTER 19
Franchise
ARTICLE 1512.- Concept. There is a commercial franchise when one party, called a franchisor, grants another, called a franchisee, the right to use a proven system, intended to market certain goods or services under the trade name, emblem or trademark.
of the franchisor, who provides a set of technical knowledge and the continuous provision of technical or commercial assistance, against a direct or indirect provision of the franchisee.
The franchisor must be the exclusive owner of all the intellectual rights, trademarks, patents, trade names, copyrights and others included in the franchise system; or, where appropriate, have the right to its use and transmission to the franchisee under the terms
of the contract.
The franchisor cannot have direct or indirect controlling shareholding in the franchisee's business.
ARTICLE 1513.- Definitions. For the purposes of interpreting the contract, it is understood that:
a) Wholesale franchise is one by virtue of which the franchisor grants a natural or legal person a territory or scope of National or regional or provincial action with the right to appoint sub-franchisees, the use of their brands and the franchise system under
specific considerations;
b) development franchise is one by virtue of which the franchisor grants a franchisee named developer the right to open multiple franchised businesses under the franchisor's system, method and brand in a region or in the country for an extended term
not less than five years, and in which all the premises or businesses that are opened depend or are controlled, in case they are incorporated as companies, by the developer, without the developer having the right to assign its position as such or sub-franchise , without the consent of the
franchisor;
c) business system: it is the set of practical knowledge and experience accumulated by the franchisor, not patented, that has been duly proven, secret, substantial and transferable. It is secret when as a whole or the configuration of its components is not
generally known or easily accessible. It is substantial when the information it contains is relevant for the sale or provision of services and allows the franchisee to provide their services or sell the products in accordance with the business system. It is transmissible when your
description is sufficient to allow the franchisee to develop his business in accordance with the guidelines created or developed by the franchisor.
ARTICLE 1514.- Obligations of the franchisor. The franchisor's obligations are:
a) Provide, prior to the signing of the contract, economic and financial information on the evolution of two years of units similar to the one offered in franchise, which have operated for a sufficient time, in the country or abroad;
b) communicate to the franchisee the set of technical knowledge, even when not patented, derived from the experience of the franchisor and verified by the latter as capable of producing the effects of the franchisee system;
c) deliver to the franchisee an operations manual with the useful specifications to carry out the activity foreseen in the contract;
d) provide technical assistance for the better operation of the franchise during the term of the contract;
e) if the franchise includes the provision of goods or services by the franchisor or third parties designated by him, ensure that provision in adequate quantities and at reasonable prices, according to local or international commercial customs and practices;
f) defend and protect the use by the franchisee, in the conditions of the contract, of the rights referred to in article 1512, without prejudice to the fact that:
i) In international franchises, this defense is contractually in charge of the franchisee, for which purpose it must be specially empowered without prejudice to the franchisor's obligation to make the documentation and other documents available to the franchisee, in his own time.
elements necessary for this task;
ii) in any case, the franchisee is empowered to intervene as a coadjuvant interested party, in defense of such rights, in the corresponding administrative or judicial instances, through the channels allowed by the procedural law, and to the extent permitted by it.
ARTICLE 1515.- Obligations of the franchisee. The minimum obligations of the franchisee are:
a) effectively develop the activity included in the franchise, comply with the specifications of the operations manual and those that the franchisor communicates in compliance with its duty of technical assistance;
b) provide the information that is reasonably required by the franchisor for knowledge of the development of the activity and facilitate the inspections that have been agreed upon or that are appropriate for the purpose of the franchise;
c) refrain from acts that could jeopardize the identification or prestige of the franchise system that it integrates or the rights mentioned in article 1512, second paragraph, and cooperate, where appropriate, in the protection of those rights;
d) Maintain the confidentiality of the reserved information that makes up the set of transmitted technical knowledge and ensure that confidentiality with respect to the people, dependent or not, to whom they must communicate in order to carry out the activities. This obligation
subsists after the expiration of the contract;
e) Comply with the promised consideration, among which contributions for the development of the market or of the technologies linked to the franchise may be agreed.
ARTICLE 1516.- Term. Article 1506, first paragraph, is applicable. However, a shorter period may be agreed if it corresponds to special situations such as fairs or congresses, activities carried out within the premises or undertakings that have planned a
shorter duration, or the like. Upon expiration of the term, the contract is understood to be tacitly extended for successive terms of one year, except for an express complaint by one of the parties before each expiration thirty days in advance. At the second renewal, it becomes
indefinite contract.
ARTICLE 1517.- Exclusivity clauses. The franchises are exclusive for both parties. The franchisor cannot authorize another franchise unit in the same territory, except with the consent of the franchisee. The franchisee must work on the premises
indicated, within the granted territory or, failing that, in its area of ​influence, and may not operate by itself or through a third party franchise units or activities that are competitive. The parties may limit or exclude exclusivity.
ARTICLE 1518.- Other clauses. Unless otherwise agreed:
a) The franchisee cannot assign his contractual position or the rights that emerge from the contract while it is in force, except those of monetary content. This provision does not apply to wholesale franchise contracts intended for the franchisee to grant in turn
sub-franchises, for that purpose. In such cases, you must have the prior authorization of the franchisor to grant sub-franchises under the conditions agreed between the franchisor and the main franchisee;
b) the franchisor cannot market directly with third parties, merchandise or services included in the franchise within the territory or area of ​influence of the franchisee;
c) the right to customers corresponds to the franchisor. The franchisee cannot change the location of its service or manufacturing premises.
ARTICLE 1519.- Void clauses. The clauses that prohibit the franchisee are not valid:
a) justifiably question the rights of the franchisor mentioned in article 1512, second paragraph;
b) acquire merchandise included in the franchise of other franchisees within the country, provided that they meet the contractual qualities and characteristics;
c) meet or establish non-financial links with other franchisees.
ARTICLE 1520.- Responsibility. The parties to the contract are independent, and there is no employment relationship between them. In consecuense:
a) The franchisor is not liable for the obligations of the franchisee, except for express legal provision to the contrary;
b) the dependents of the franchisee have no legal employment relationship with the franchisor, without prejudice to the application of the rules on labor fraud;
c) the franchisor is not liable to the franchisee for the profitability of the franchised system.
The franchisee must clearly indicate his status as an independent person in his invoices, contracts and other commercial documents; This obligation must not interfere with the common identity of the franchised network, in particular in their common names or labels and in the presentation
uniform of their premises, merchandise or means of transport.
ARTICLE 1521.- Responsibility for defects in the system. The franchisor is liable for design defects in the system, which cause proven damage to the franchisee, not caused by gross negligence or fraud by the franchisee.
ARTICLE 1522.- Termination of the contract. The termination of the franchise contract is governed by the following rules:
a) the contract is terminated by the death or incapacity of either party;
b) the contract cannot be terminated without just cause within the term of its original validity, agreed between the parties. Articles 1084 and following apply;
c) contracts with a term of less than three years justified by special reasons according to article 1516, are fully terminated at the expiration of the term;
d) Whatever the term of the contract, the party that wishes to conclude it at the expiration of the original term or of any of its extensions, must give the other notice no less than one month in advance for each year of duration, up to one maximum of six months, counted
from the beginning to the expiration of the relevant term. In contracts that are agreed for an indefinite period of time, advance notice must be given so that the termination occurs, at least, at the end of the third year from its conclusion. In no case is invocation of
just cause. The lack of notice makes article 1493 applicable.
The clause that prevents the competition of the franchisee with the commercialization of its own products or services or of third parties after the contract has expired for any reason, is valid up to a maximum period of one year and within a reasonable territory, taking into account the
circumstances.
ARTICLE 1523.- Competition Law. The franchise agreement, by itself, should not be considered an agreement that limits, restricts or distorts competition.
ARTICLE 1524.- Cases covered. The provisions of this Chapter apply, insofar as they are compatible, to industrial franchises and to the relationships between the franchisor and the main franchisee and between the latter and each of its sub-franchisees.
CHAPTER 20
Mutual
ARTICLE 1525.- Concept. There is a mutual contract when the borrower agrees to deliver the borrower in property, a certain amount of fungible things, and he is obliged to return the same amount of things of the same quality and species.
ARTICLE 1526.- Obligation of the borrower. The borrower may not deliver the promised amount if, after the contract, a change in the situation of the borrower makes the refund uncertain.
Except in this case, if the borrower does not deliver the promised amount within the agreed term or, failing that, upon simple request, the borrower may demand the fulfillment or termination of the contract.
ARTICLE 1527.- Onerosity. The mutual is onerous, unless otherwise agreed.
If the mutual is in money, the borrower owes the compensatory interest, which must be paid in the same borrowed currency.
If the mutual is for other types of fungible things, the interests are settled in money, taking into consideration the price of the amount of things loaned in the place where the payment of the accessories must be made, on the day of the beginning of the period, except pact to the contrary.
Interest is due per quarter in arrears, or with each total or partial amortization of the loan that occurs before a quarter, except for a different stipulation.
If the mutual free of charge has been agreed, the interests that the borrower has voluntarily paid are unrepeatable.
The receipt of interest for a period, without condition or reservation, presumes the payment of the previous ones.
ARTICLE 1528.- Term and place of restitution. If nothing has been stipulated about the term and place for the restitution of the loan, the borrower must return it within ten days of requiring it by the borrower, except what arises from the uses, and in the place established in article 874.
ARTICLE 1529.- Breach of the borrower. Failure to pay interest or any amortization of capital entitles the borrower to terminate the contract and demand the return of the entire loan, plus interest until effective restitution.
If the mutual is free, after default, default interest is owed. If the mutual is onerous in the absence of a convention on late interest, the provisions for obligations to give sums of money apply.
ARTICLE 1530.- Bad quality or vice of the thing. If the amount loaned is not money, the borrower is liable for damages caused by the poor quality or defect of the thing loaned; If the mutual is free, he responds only if he knows the bad quality or the vice and does not warn the borrower.
ARTICLE 1531.- Application of the rules of this Chapter. The rules of this Chapter apply even if the mutual contract has clauses that establish that:
a) the interest rate consists of a part or a percentage of the profits of a business or activity, or is calculated at a variable rate in accordance with them;
b) the borrower has the right to receive interest or to recover its capital only from the profits or income resulting from a business or activity, without the right to collect from other assets of the borrower;
c) The borrower must give the funds a specific destination.
ARTICLE 1532.- Supplementary rules. The provisions relating to the obligations to give sums of money or gender, as the case may be, apply to the mutual.
CHAPTER 21
Loan
ARTICLE 1533.- Concept. There is a loan if one party is obliged to deliver something non-expendable, movable or immovable, to another, so that they can use it free of charge and return the same thing received.
ARTICLE 1534.- Loan of fungible things. The loan of fungible things is only governed by the rules of the loan if the borrower agrees to return the same things received.
ARTICLE 1535.- Prohibitions. They cannot enter into a loan agreement:
a) the tutors, curators and supports, with respect to the assets of the incapable persons or with restricted capacity, under their representation;
b) administrators of third-party assets, public or private, with respect to those entrusted to their management, unless they have express powers to do so.
ARTICLE 1536, - Obligations of the borrower. The obligations of the borrower are:
a) use the thing according to the agreed destination. In the absence of a convention, it can give it the destination it had at the time of the contract, the one that is given to analogous things in the place where the thing is, or the one that corresponds to its nature;
b) pay the ordinary expenses of the thing and those incurred to use it;
c) to conserve the thing with prudence and diligence;
d) be liable for the loss or deterioration of the thing, even caused by unforeseeable circumstances, except that it proves that they would have happened anyway if the thing had been in the hands of the lender;
e) return the same thing with its fruits and accessories at the agreed time and place. In the absence of a convention, it must do so when the purpose for which the thing is lent is satisfied. If the duration of the contract is not agreed or arises from its purpose, the lender may claim the
refund at any time.
If there are several borrowers, they respond jointly and severally.
ARTICLE 1537.- Thing stolen or lost. The borrower cannot refuse to return the thing on the grounds that it does not belong to the borrower, except that it is a thing lost by the owner or stolen from him. If the borrower knows that the thing that has been delivered is stolen
or loss, you must report it to the owner so that he can claim it in court within a reasonable period of time. The borrower is responsible for the damages caused to the owner in case of omitting the complaint or if, despite doing so, he restores the thing to the lender. The owner cannot claim
borrower the return of the thing without consent of the lender or without resolution of the judge.
ARTICLE 1538.- Expenses. The borrower cannot request reimbursement for ordinary expenses incurred to use the thing; neither can he retain it for what the lender owes him, even if it is due to extraordinary maintenance expenses.
ARTICLE 1539.- Early restitution. The lender may demand the restitution of the thing before the expiration of the term:
a) if you need it due to an unforeseen and urgent circumstance; or
b) If the borrower uses it for a destination other than the one agreed, even if it does not damage it.
ARTICLE 1540.- Obligations of the borrower. The obligations of the borrower are:
a) deliver the thing at the agreed time and place;
b) allow the use of the thing during the agreed time;
c) be liable for the damages caused by the defects of the thing that is hidden from the borrower;
d) reimburse the extraordinary conservation expenses that the borrower makes, if he / she notifies them in advance or if they are urgent.
ARTICLE 1541.- Extinction of the loan. The loan is extinguished:
a) by destruction of the thing. There is no real subrogation, nor is the borrower obliged to lend such a thing;
b) due to expiration of the term, whether or not the thing loaned has been used;
c) by unilateral will of the borrower;
d) due to the death of the borrower, unless otherwise stipulated or that the loan has not been entered into exclusively in consideration of his person.
CHAPTER 22
Donation
SECTION 1
General disposition
ARTICLE 1542.- Concept. There is a donation when one party is obliged to freely transfer one thing to another, and the latter accepts it.
ARTICLE 1543.- Subsidiary application. The rules of this Chapter are applied subsidiarily to the other legal acts free of charge.
ARTICLE 1544.- Mixed acts. Mixed acts, partly onerous and partly free, are governed in terms of their form by the provisions of this Chapter; regarding its content, for these in the free part and for those corresponding to the apparent nature of the act in the
onerous part.
ARTICLE 1545.- Acceptance. Acceptance can be express or tacit, but is of a restrictive interpretation and is subject to the rules established regarding the form of donations. It must occur during the life of the donor and the donee.
ARTICLE 1546.- Donation under condition. Donations made under the suspensive condition of producing effects from the death of the donor are prohibited.
ARTICLE 1547.- Joint offer. If the donation is made to several people in solidarity, the acceptance of one or some of the donees applies to the entire donation.
If acceptance of some is made impossible by their death, or by the donor's revocation from them, the entire donation must be applied to those who accepted it.
ARTICLE 1548.- Ability to donate. Only people who have the full capacity to dispose of their assets can donate. Emancipated minors may do so with the limitation of subsection b) of article 28.
ARTICLE 1549.- Ability to accept donations. Accepting donations requires being able. If the donation is to an incapable person, the acceptance must be made by his legal representative; if the donation of the third party or the representative is charged, authorization is required
judicial.
ARTICLE 1550.- Tutors and curators. Guardians and conservators cannot receive donations from those who have been under their guardianship or guardianship before the rendering of accounts and payment of any sums that have been owed to them.
ARTICLE 1551.- Purpose. The donation cannot be for the entire donor's assets, nor an aliquot of it, nor certain things that it does not have the domain at the time of contracting. If you understand things that make up the donor's entire estate or a part
Substantial of this, is only valid if the donor reserves his usufruct, or if he has other sufficient means for his subsistence.
ARTICLE 1552.- Form. Donations of immovable things, those of recordable movable things and those of periodic or life benefits must be made in public deed, under penalty of nullity.
ARTICLE 1553.- Donations to the State. Donations to the State can be credited with administrative actions.
ARTICLE 1554.- Manual donation. Donations of non-registrable personal property and bearer titles must be made in accordance with the tradition of the donated object.
SECTION 2
Effects edit
ARTICLE 1555.- Delivery. The donor must deliver the thing since it has been established in default. In the event of default or delay, it is only liable for fraud.
ARTICLE 1556.- Guarantee for eviction. The donor only responds for eviction in the following cases:
a) if you have expressly assumed that obligation;
b) if the donation has been made in bad faith, the donor knowing that the thing donated was not his and the donee ignoring it;
c) if the eviction occurs because of the donor;
d) if the donations are mutual, remunerative or with a charge.
ARTICLE 1557.- Scope of the guarantee. The responsibility for the eviction obliges the donor to compensate the donee for the expenses that he has incurred as a result of the donation. If this is mutual, remunerative or with a charge, the donor must also reimburse the value of the thing
received by him, what was spent in the fulfillment of the position, or remunerate the services received, respectively.
If the eviction comes from an event subsequent to the donation attributable to the donor, the donor must compensate the donee for the damages caused.
When the eviction is partial, the compensation is reduced proportionally.
ARTICLE 1558.- Hidden defects. The donor is only liable for the hidden defects of the donated thing if there was fraud on his part, in which case he must repair the damage caused to the donee.
ARTICLE 1559.- Maintenance obligation. Unless the donation is onerous, the donee must provide food to the donor who has no means of subsistence. You can free yourself from this obligation by restoring the donated items or their value if they have been disposed of.
SECTION 3
Some donations in particular
ARTICLE 1560.- Mutual donations. In mutual donations, the nullity of one of them affects the other, but ingratitude or non-compliance with the charges only harms the guilty donee.
ARTICLE 1561.- Remuneration donations. Remunerative donations are those made as a reward for services rendered to the donor by the donee, appreciable in money and for which the second could legally demand payment. Donation is judged free if not
The instrument states what is intended to remunerate.
ARTICLE 1562.- Donations with charges. In donations, charges may be imposed in favor of the donor or a third party, be they related to the employment or the destination of the thing donated, or that consist of one or more benefits.
If the position has been stipulated in favor of a third party, the latter, the donor and their heirs can demand its execution; but only the donor and his heirs can revoke the donation due to non-performance of the position.
If the third party has accepted the benefit represented by the position, if the contract is revoked, he / she has the right to claim from the donor or, where appropriate, his heirs, the fulfillment of the position, without prejudice to his / her rights against the donee.
ARTICLE 1563.- Responsibility of the donee for the charges. The donee is only liable for the fulfillment of the charges with the donated thing, and even its value if he has alienated it or has perished due to his deed. You are released if the thing has perished through no fault of your own.
You can also escape this responsibility by restoring the thing donated, or its value if this is impossible.
ARTICLE 1564.- Scope of the onerosity. Remunerative or chargeable donations are considered as acts for consideration insofar as they are limited to an equitable remuneration for the services received or in which there is equivalence of values ​between the thing donated and the
Tax charges. For the surplus, the rules of donations apply.
ARTICLE 1565.- Innovative donations. A donation whose value exceeds the available part of the donor's estate is considered ineffective. In this regard, the precepts of this Code on the legitimate portion apply.
SECTION 4

SECTION 4
Reversal and revocation
ARTICLE 1566.- Reversion agreement. In the donation, the reversion of the donated things can be agreed, subjecting the contract to the decisive condition that the donee, or the donee, his spouse and their descendants, or the donee without children, dies before the donor.
This clause must be express and can only be stipulated in favor of the donor. If it is included in favor of him and his heirs or third parties, it only applies to him.
If the reversion has been agreed in the case of death of the donee without children, the existence of these at the time of the death of his father extinguishes the right of the donor, who is not reborn even if he survives them.
ARTICLE 1567.- Effects. Once the condition foreseen for the reversion has been fulfilled, the donor can demand the restitution of the things transferred in accordance with the rules of the revocable domain.
ARTICLE 1568.- Resignation. The conformity of the donor for the disposal of the donated things implies the waiver of the right of reversion. But the conformity so that they are serious with real rights only benefits the holders of these rights.
ARTICLE 1569.- Revocation. The accepted donation can only be revoked due to non-execution of the charges, due to ingratitude of the donee, and, in case of having expressly stipulated it, due to supernacence of the donor's children.
If the donation is onerous, the donor must reimburse the value of the charges paid or the services rendered by the donee.
ARTICLE 1570.- Breach of the charges. The donation can be revoked for breach of the charges.
The revocation does not harm the third parties for whose benefit the charges are established.
Third parties to whom the donee transmits goods encumbered with charges should only return them to the donor, when the donation is revoked, if they are in bad faith; but they can prevent the effects of the revocation by offering to execute the obligations imposed on the donee if the benefits that
constitute the charges should not be carried out precisely and personally by him. The donee who alienates the donated goods, or makes their return impossible due to his fault, must compensate the donor for the value of the donated things at the time of promoting the revocation action, with his
interests.
ARTICLE 1571.- Ingratitude. Donations can be revoked due to ingratitude of the donee in the following cases:
a) if the donee attempts against the life or person of the donor, his / her spouse or partner, his / her ascendants or descendants;
b) if he seriously injures the same persons or affects them in their honor;
c) if he unfairly deprives them of assets that make up their patrimony;
d) if you refuse food to the donor.
In all the alleged statements, the proof that the donee is attributable to the harmful act is sufficient, without the need for a criminal conviction.
ARTICLE 1572.- Denial of food. The revocation of the donation due to denial of the provision of food can only take place when the donor cannot obtain it from the persons bound by family relations.
ARTICLE 1573.- Active legitimation. The revocation of the donation due to ingratitude can only be demanded by the donor against the donee, and not by his heirs or against his heirs. Once the donor promoting the demand has passed away, the action may be
continued by his heirs; and the defendant's death, it can also be continued against his heirs.
The action is extinguished if the donor, knowingly, forgives the donee or does not promote it within the expiration period of one year after having learned of the fact that typifies the ingratitude.
CHAPTER 23
Bail
SECTION 1
General disposition
ARTICLE 1574.- Concept. There is a surety contract when a person is additionally obliged by another to satisfy a benefit in the event of non-compliance.
If the secured debt is to deliver something certain, to do that can only be fulfilled personally by the debtor, or not to do, the guarantor is only obliged to pay the damages that result from the non-performance.
ARTICLE 1575.- Extension of the obligations of the guarantor. The benefit payable by the guarantor must be equivalent to that of the principal debtor, or less than it, and cannot be subject to stipulations that make it more onerous.
Non-observance of the preceding rule does not invalidate the bond, but authorizes its reduction to the limits of the principal obligation.
The guarantor can provide security guarantees for your bond.
ARTICLE 1576.- Incapacity of the debtor. The guarantor cannot excuse his responsibility in the incapacity of the debtor.
ARTICLE 1577.- Obligations that can be secured. Any current or future obligation can be secured, even that of another guarantor.
ARTICLE 1578.- General bond. The general bond that includes current or future obligations, even indeterminate, is valid; In all cases, the maximum amount to which the guarantor is bound must be specified. This guarantee does not extend to the new obligations contracted by the
strengthened after five years of granted.
The indeterminate bond in time can be retracted, in which case it does not apply to the obligations contracted by the bonded party after the retraction is notified to the creditor.
ARTICLE 1579.- Form. The bond must be agreed in writing.
ARTICLE 1580.- Extension of the bond. Unless otherwise agreed, the bond includes the accessories of the main obligation and the expenses that its collection reasonably demands, including legal costs.
ARTICLE 1581.- Letters of recommendation or sponsorship. The so-called letters of recommendation, sponsorship or otherwise, by which the solvency, probity or other fact related to whoever procures credits or a contract is ensured, do not oblige their grantor, except that
have been given in bad faith or with negligence, assuming that you must compensate the damages suffered by the person who gives credit or contracts relying on such statements.
ARTICLE 1582.- Commitment to maintain a certain situation. The commitment to maintain or generate a certain situation of fact or law is not considered a guarantee, but its breach generates the responsibility of the obligor.
SECTION 2
Effects between the guarantor and the creditor
ARTICLE 1583.- Excussion benefit. The creditor can only go against the guarantor once he has excused the debtor's assets. If the excused assets are only enough for a partial payment, the creditor can only sue the guarantor for the balance.
ARTICLE 1584.- Exceptions to the benefit of excursion. The guarantor cannot invoke the excuse benefit if:
a) the main debtor has filed for bankruptcy or has been declared bankrupt;
b) the principal debtor cannot be sued in the national territory or lacks assets in the Republic;
c) the bond is judicial;
d) the guarantor has waived the benefit.
ARTICLE 1585.- Excussion benefit in case of co-obligated parties. The guarantor of a joint and several co-debtor may demand the removal of the assets of the other co-debtors.
Whoever secures a guarantor enjoys the benefit of excusion with respect to the latter and the principal debtor.
ARTICLE 1586.- Subsistence of the term. Payment from the guarantor may not be required before the expiration of the term granted to the principal debtor, even when the latter has filed for bankruptcy or has been declared bankrupt, unless otherwise agreed.
ARTICLE 1587.- Defenses. The guarantor can oppose all the exceptions and defenses of his own and those that correspond to the main debtor, even when he has renounced them.
ARTICLE 1588.- Effects of the sentence. The judgment regarding the validity or enforceability of the principal debt issued in a trial that has not been duly summoned to intervene is not enforceable against the guarantor.
ARTICLE 1589.- Divisional benefit. If there is more than one guarantor, each one responds for the quota to which it has been obliged. If nothing has been stipulated, they respond equally. The benefit of division is waivable.
ARTICLE 1590.- Joint and several guarantee. The responsibility of the guarantor is jointly and severally with that of the debtor when expressly agreed upon or when the guarantor waives the benefit of excusión.
ARTICLE 1591.- Main payer. Whoever agrees as the main payer, even with the denomination of guarantor, is considered joint debtor and his obligation is governed by the provisions applicable to joint and several obligations.
SECTION 3
Effects between the debtor and the guarantor
ARTICLE 1592.- Subrogation. The guarantor who complies with his provision is subrogated to the rights of the creditor and can demand the reimbursement of what he has paid, with his interests from the day of payment and the damages he has suffered as a result of the guarantee.
ARTICLE 1593.- Notice. Defenses The guarantor must notify the principal debtor of the payment he has made.
The debtor can oppose the surety who pays without his consent all the defenses he had against the creditor; and if the debtor has paid the creditor before having knowledge of the payment made by the guarantor, the latter can only repeat against the creditor.
ARTICLE 1594.- Rights of the guarantor. The guarantor has the right to obtain the seizure of the debtor's assets or other sufficient guarantees if:
a) the payment is sued;
b) once the obligation has expired, the debtor does not fulfill it;
c) the debtor has been obliged to release it within a specified time and does not do so;
d) Five years have elapsed since the granting of the bond, except that the secured obligation has a longer term;
e) the debtor assumes risks other than those inherent to the course of his business, dissipates his assets or gives them in the security of other operations;
f) the debtor intends to leave the country without leaving enough assets to pay the secured debt.
SECTION 4
Effects among cofounders
ARTICLE 1595.- Subrogation. The guarantor who fulfills the accessory obligation in excess of the part that corresponds to him, is subrogated in the rights of the creditor against the other guarantors.
If one of them turns out to be insolvent, the loss is borne by all the cosigners, including the one making the payment.
SECTION 5
Extinction of the bond
ARTICLE 1596.- Causes of extinction. The bond is extinguished for the following special reasons:
a) if, due to the creditor's fact, the subrogation of the guarantor cannot be made effective in the real guarantees or privileges that accessed the credit at the time of the constitution of the guarantee;
b) if the period for the fulfillment of the guaranteed obligation is extended, without the consent of the guarantor;
c) if five years have elapsed since the granting of the general guarantee as guarantee of future obligations and these have not been born;
d) If the creditor does not initiate legal action against the debtor within sixty days of being required by the guarantor or allows the instance to be allowed.
ARTICLE 1597.- Novation. The surety is extinguished by the novation of the main obligation even though the creditor reserves to preserve its rights against the surety.
The bond is not extinguished by the novation produced by the approved preventive agreement of the debtor, even when the actions or rights against the guarantor have not been reserved.
ARTICLE 1598.- Eviction. The eviction of what the creditor has received in payment from the debtor does not revive the bond.
CHAPTER 24
Onerous life annuity contract
ARTICLE 1599.- Concept. An onerous life annuity contract is one by which someone, in exchange for a capital or other measurable benefit in money, is obliged to pay an income periodically to another, during the life of one or more existing human persons,
designated in the contract.
ARTICLE 1600.- Subsidiary rules. If the contract is in favor of a third party, with respect to this it is governed as a subsidy by the rules of the donation, except that the benefit has been agreed by reason of another onerous business.
ARTICLE 1601.- Form. The onerous life annuity contract must be entered into in a public deed.
ARTICLE 1602.- Income. Payment periodicity. The rent must be paid in money. If this benefit is foreseen in other goods that are not money, it must be paid for its equivalent in money at the time of each payment.
The contract must establish the periodicity with which the rent is paid and the value of each installment. If the value of the quotas is not established, they are considered to be of equal value to each other.
The rent is accrued per expired period; however, the proportional part is owed for the time elapsed from the last expiration until the death of the person whose life is taken into consideration for the duration of the contract.
ARTICLE 1603.- Plurality of beneficiaries. The rent can be contracted for the benefit of one or more people existing at the time the contract is signed, and successively or simultaneously. If it is established so that they receive it simultaneously, in the absence of a contractual provision,
corresponds in equal parts without the right to accrue.
The right to income is transferable by acts between living and by cause of death.
ARTICLE 1604.- Action of the constituent or his heirs. The one who delivers the capital, or his heirs, can demand the termination of the contract for non-payment of the debtor and the restitution of the capital.
In the same case, if the income is for the benefit of a third party, the provisions of article 1027 apply.
ARTICLE 1605.- Action of the third beneficiary. The third beneficiary becomes a creditor of the rent from its acceptance and has direct action against the debtor to obtain payment. The provisions of article 1028 are applied as a subsidy.
ARTICLE 1606.- Extinction of the rent. The right to rent is extinguished by the death of the person whose life is taken into consideration for the duration of the contract, for whatever reason. If there are several people, due to the death of the last one; until that happens, the
rent is accrued in full.
The clause that authorizes the substitution of said person, or incorporating another for the same purpose, is null.
Proof of death corresponds to the debtor of the rent.
ARTICLE 1607.- Resolution due to lack of guarantee. If the debtor of the rent does not grant the guarantee to which he is obliged, or if the given one decreases, whoever delivers the capital or his heirs can demand the termination of the contract, only the capital must be restored.
ARTICLE 1608.- Resolution due to illness contemporary to the celebration. If the person whose life is taken into consideration for the duration of the contract is not the debtor, and within thirty days of the conclusion of the contract, he dies by his own hand or due to an illness he suffered at the time
of the contract, it is fully terminated and the benefits must be restored.
CHAPTER 25
Gambling and betting contracts
ARTICLE 1609.- Concept. There is a game contract if two or more parties compete in an activity of physical or intellectual skill, even if only partially, forcing themselves to pay a measurable good in money to the one who wins.
ARTICLE 1610.- Powers of the judge. The judge can reduce the debt directly originated in the game if it is extraordinary with respect to the debtor's fortune.
ARTICLE 1611.- Gambling and betting of pure chance. There is no action to demand the fulfillment of the promised benefit in a game of pure chance, whether or not it is prohibited by the local authority.
If it is not prohibited, what is paid is unrepeatable. However, the payment made by an incapable person, or with restricted capacity, or disabled is repeatable.
ARTICLE 1612.- Public offer. The bets and raffles offered to the public confer action for their fulfillment.
The bidder is responsible to the bettor or participant. Advertising must individualize the bidder. If it doesn't, whoever does it is responsible.
ARTICLE 1613.- Games and bets regulated by the State. The games, bets and draws regulated by the National, Provincial, or Municipal State, are excluded from this Chapter and governed by the norms that authorize them.
CHAPTER 26
Cession of rights
SECTION 1
General disposition
ARTICLE 1614.- Definition. There is an assignment contract when one of the parties transfers a right to the other. The rules of sale, exchange or donation apply to the transfer of rights, depending on whether it has been made with the consideration of a price in money, of
the transfer of ownership of an asset, or without consideration, respectively, as long as they are not modified by those of this Chapter.
ARTICLE 1615.- Assignment in guarantee. If the assignment is in guarantee, the rules of the pledge of credits apply to the relations between the assignor and the assignee.
ARTICLE 1616.- Rights that may be assigned. All rights can be assigned, except that the contrary results from the law, the convention that originates it, or the nature of the right.
ARTICLE 1617.- Prohibition. The rights inherent to the human person cannot be transferred.
ARTICLE 1618.- Form. The assignment must be made in writing, without prejudice to the cases in which the transmission of the title by endorsement or manual delivery is admitted.
They must be granted by public deed:
a) the transfer of hereditary rights;
b) the transfer of litigious rights. If they do not involve real rights over real estate, it can also be done by judicial act, provided that the computer system ensures the inalterability of the instrument;
c) the transfer of rights derived from an act instrumented by public deed.
ARTICLE 1619.- Obligations of the assignor. The assignor must deliver to the assignee the documents proving the assigned right that are in his possession. If the assignment is partial, the assignor must deliver to the assignee a certified copy of said documents.
ARTICLE 1620.- Effects on third parties. The assignment has effects with respect to third parties from its notification to the assigned by public or private instrument of a certain date, without prejudice to the special rules regarding registrable assets.
ARTICLE 1621.- Acts prior to the notification of the assignment. The payments made by the assigned to the assignor before being notified of the assignment, as well as the other causes of extinction of the obligation, have a release effect for him.
ARTICLE 1622.- Concurrence of assignees. In the concurrence between successive assignees, the preference corresponds to the first who has notified the debtor of the transfer, even if it is later in date.
ARTICLE 1623.- Insolvency or bankruptcy of the transferor. In the event of insolvency or bankruptcy of the transferor, the transfer has no effect on the creditors if it is notified after the filing of the bankruptcy or the declaration declaring bankruptcy.
ARTICLE 1624.- Conservatory acts. Before the notification of the assignment, both the assignor and the assignee may carry out conservative acts of law.
ARTICLE 1625.- Assignment of pledge credit. The assignment of a credit secured by a pledge does not authorize the assignor or whoever has the pledged thing in his power to deliver it to the assignee.
ARTICLE 1626.- Assignments made the same day. If several assignments are notified on the same day and without indication of the time, the assignees remain in the same rank.
ARTICLE 1627.- Partial assignment. The partial assignee of a loan does not enjoy any preference over the assignor, unless the latter has expressly granted it.
ARTICLE 1628.- Guarantee for eviction. If the assignment is onerous, the assignor guarantees the existence and legitimacy of the right at the time of the assignment, except in the case of a litigious right or that it is assigned as doubtful; but it does not guarantee the solvency of the assigned debtor or its
guarantors, unless otherwise agreed or bad faith.
ARTICLE 1629.- Assignment of non-existent right. If the right does not exist at the time of the assignment, the assignor must return to the assignee the price received, with his interests. If it is in bad faith, you also owe the difference between the real value of the assigned right and the price of the assignment.
ARTICLE 1630.- Guarantee of the debtor's solvency. If the transferor guarantees the solvency of the assigned debtor, the rules of the guarantee apply, subject to what the parties have agreed.
The assignee can only appeal against the assignor after having excused the debtor's assets, unless the latter is bankrupt or bankrupt.
ARTICLE 1631.- Subsidiary Rules. In matters not expressly provided for in this Chapter, the guarantee for eviction is governed by the rules established in articles 1033 et seq.
SECTION 2
Assignment of debts
ARTICLE 1632.- Assignment of debt. There is an assignment of debt if the creditor, the debtor and a third party agree that the latter must pay the debt, without novation.
If the creditor does not agree to release the debtor, the third party remains as a subsidiary co-debtor.
ARTICLE 1633.- Assumption of debt. There is assumption of debt if a third party agrees with the creditor to pay the debt of its debtor, without novation.
If the creditor does not agree to release the debtor, the assumption is considered rejected.
ARTICLE 1634.- Conformity for the release of the debtor. In the cases of the two previous articles, the debtor is only released if the creditor expressly admits it. This agreement can be prior, simultaneous, or subsequent to the assignment; but it is ineffective if it has been borrowed
in a contract entered into by adhesion.
ARTICLE 1635.- Promise of liberation. There is a promise of release if the third party binds himself to the debtor to honor the debt in his place. This promise only binds the third party with the debtor, unless it has been agreed as a stipulation in favor of a third party.
CHAPTER 27
Assignment of the contractual position
ARTICLE 1636.- Transmission. In contracts with pending benefits, either party may transmit its contractual position to a third party, if the other parties consent to it before, simultaneously or after the assignment.
If the agreement is prior to the assignment, it only takes effect once it has been notified to the other parties, in the manner established for the notification to the assigned debtor.
ARTICLE 1637.- Effects. From the assignment or, where appropriate, from the notification to the other parties, the assignor departs from his rights and obligations, which are assumed by the assignee.
However, the assigned co-contractors retain their actions against the assignor if they have agreed with the latter to maintain their rights in the event of non-compliance by the assignee. In such case, the assigned or assignees must notify the assignor of the breach within the
thirty days of produced; otherwise, the assignor is free of liability.
ARTICLE 1638.- Defenses. The contracting parties may oppose the assignee with all the exceptions derived from the contract, but not those based on other relationships with the assignor, unless they have made an express reservation when consenting to the assignment.
ARTICLE 1639.- Guarantee. The transferor guarantees the transferee the existence and validity of the contract. The agreement by which the transferor does not guarantee the existence and validity is in writing if the nullity or non-existence is due to a fact attributable to the transferor.
If the assignor guarantees the fulfillment of the obligations of the other contracting parties, he responds as guarantor.
The rules on eviction apply in the transfer of rights in general.
ARTICLE 1640.- Third party guarantees. The guarantees provided by third parties do not pass to the assignee without their express authorization.
CHAPTER 28
Transaction
ARTICLE 1641.- Concept. The transaction is a contract by which the parties, to avoid litigation, or put an end to it, making reciprocal concessions, extinguish doubtful or litigious obligations.
ARTICLE 1642.- Characters and effects. The transaction produces the effects of res judicata without the need for judicial approval. It is of restrictive interpretation.
ARTICLE 1643.- Form. The transaction must be in writing. If it falls on disputed rights, it is only effective from the presentation of the instrument signed by the interested parties before the judge in which the case is processed. As long as the instrument is not presented, the parties may
give up on it.
ARTICLE 1644.- Prohibitions. You cannot compromise on rights in which public order is compromised, or on inalienable rights.
Nor can the rights to family relations or the state of people be the object of a transaction, except in the case of economic rights derived from those, or other rights on which, expressly, this Code admits to agree.
ARTICLE 1645.- Nullity of the negotiated obligation. If the compromised obligation suffers from a defect that causes its absolute nullity, the transaction is invalid. If it is of relative nullity, the parties know the defect, and deal with the nullity, the transaction is valid.
ARTICLE 1646.- Subjects. They cannot make transactions:
a) the persons who cannot alienate the respective right;
b) parents, guardians, or curators regarding the accounts of their management, not even with judicial authorization;
c) The executors, regarding the rights and obligations conferred by the will, without the authorization of the succession judge.
ARTICLE 1647.- Nullity. Without prejudice to the provisions of Chapter 9 of Title IV of Book One regarding legal acts, the transaction is void:
a) if any of the parties invokes titles that are totally or partially non-existent, or ineffective;
b) if, when entering into it, one of the parties is unaware that the right being traded has a better title;
c) if it deals with a lawsuit already resolved by final judgment, provided that the party challenging it has ignored it.
ARTICLE 1648.- Arithmetic errors. Arithmetic errors do not hinder the validity of the transaction, but the parties have the right to obtain the corresponding correction.
Page 10
CHAPTER 29
Arbitration contract
SECTION 1649.- Definition. There is an arbitration contract when the parties decide to submit to the decision of one or more arbitrators all or some of the controversies that have arisen or may arise between them regarding a specific legal relationship, contractual or not.
contractual, private law in which public order is not compromised.
ARTICLE 1650.- Form. The arbitration agreement must be written and can be included in an arbitration clause included in a contract or in a separate agreement or in a statute or regulation.
The reference made in a contract to a document containing an arbitration clause constitutes an arbitration contract provided that the contract is in writing and the reference implies that this clause is part of the contract.
ARTICLE 1651.- Controversies excluded. The following matters are excluded from the arbitration contract:
a) those that refer to the marital status or capacity of individuals;
b) family matters;
c) those related to user and consumer rights;
d) adhesion contracts whatever their purpose;
e) those derived from labor relations.
The provisions of this Code relating to the arbitration contract are not applicable to controversies in which the national or local States are parties.
ARTICLE 1652.- Arbitration classes. Issues that may be subject to the judgment of arbitrators can be submitted to the decision of arbitrators or friendly composers. If nothing is stipulated in the arbitration agreement about whether the arbitration is legal or friendly
composers, or if the arbitrators are not expressly authorized to decide the controversy according to equity, it must be understood that it is by law.
ARTICLE 1653.- Autonomy. The arbitration contract is independent of the contract to which it relates. The ineffectiveness of this does not impede the validity of the arbitration contract, so the arbitrators retain their competence, even in the event of nullity, to determine the
respective rights of the parties and pronounce on their claims and allegations.
ARTICLE 1654.- Competition. Unless otherwise stipulated, the arbitration contract grants the arbitrators the power to decide on their own competence, including on the exceptions related to the existence or validity of the arbitration agreement or any others whose
estimate prevents entering the merits of the controversy.
ARTICLE 1655.- Dictation of previous measures. Unless otherwise stipulated, the arbitration contract attributes to the arbitrators the power to adopt, at the request of either party, the precautionary measures they deem necessary with respect to the subject matter of the dispute. Referees can
require sufficient security from the applicant. The execution of the precautionary measures and, where appropriate, the preliminary proceedings must be done by the judicial court. The parties may also request the adoption of these measures from the judge, without this being considered a breach of the
arbitration contract or a waiver of arbitration jurisdiction; nor does it exclude the powers of arbitrators.
The previous measures adopted by the arbitrators as established in this article may be judicially challenged when they violate constitutional rights or are unreasonable.
ARTICLE 1656.- Effects. Review of arbitration awards. The arbitration agreement obliges the parties to comply with the stipulations and excludes the jurisdiction of the judicial tribunals over disputes submitted to arbitration, except that the arbitral tribunal is not yet hearing of the
controversy, and the agreement appears to be manifestly null or unenforceable.
In case of doubt, the arbitration contract must be as effective as possible.
The arbitration awards that are issued within the framework of the provisions of this Chapter may be reviewed before the competent court for the matter and the territory when grounds for nullity, total or partial, are invoked, in accordance with the provisions of this Code. In the
arbitration contract cannot waive the judicial challenge of the final award that would be contrary to the legal system.
ARTICLE 1657.- Institutional arbitration. The parties may entrust the administration of the arbitration and the appointment of arbitrators to civil associations or other national or foreign entities whose statutes provide for it. The arbitration regulations of the entities
Administrators govern the entire arbitration process and make up the arbitration contract.
ARTICLE 1658.- Optional clauses. It can be agreed:
a) the seat of the arbitration;
b) the language in which the procedure is to be carried out;
c) the procedure to which the arbitrators must comply in their actions. In the absence of agreement, the arbitral tribunal may conduct the arbitration in the way it deems appropriate;
d) the period within which the arbitrators must render the award. If the term has not been agreed, the one established by the regulations of the arbitration administration entity governs, and failing that, the one established by the headquarters law;
e) the confidentiality of the arbitration;
f) the way in which the costs of the arbitration should be distributed or borne.
ARTICLE 1659.- Appointment of the arbitrators. The arbitral tribunal must be composed of one or more arbitrators in an odd number. If nothing is stipulated, the referees must be three. The parties may freely agree on the procedure for the appointment of the arbitrator or arbitrators.
In the absence of such an agreement:
a) In arbitration with three arbitrators, each party appoints one arbitrator and the two arbitrators thus appointed appoint the third. If one party does not appoint the arbitrator within thirty days of receiving the other party's request to do so, or if the two arbitrators are unable to agree
According to the third arbitrator within thirty days from his appointment, the appointment must be made, at the request of one of the parties, by the entity administering the arbitration or, failing that, by the judicial court;
b) In single arbitrator arbitration, if the parties cannot agree on the appointment of the arbitrator, the arbitrator must be appointed, at the request of either party, by the entity administering the arbitration or, failing that, by the judicial court.
When the controversy involves more than two parties and they cannot reach an agreement on the form of constitution of the arbitral tribunal, the entity administering the arbitration, or failing that, the judicial tribunal must appoint the arbitrator or arbitrators.
ARTICLE 1660.- Qualities of the arbitrators. Any person with full civil capacity can act as arbitrator. The parties may stipulate that the arbitrators meet certain conditions of nationality, profession or experience.
ARTICLE 1661.- Nullity. The clause that confers on a party a privileged situation regarding the appointment of arbitrators is null.
ARTICLE 1662.- Obligations of the arbitrators. The arbitrator who accepts the position enters into a contract with each of the parties and undertakes to:
a) disclose any circumstance prior to acceptance or that arises subsequently that may affect its independence and impartiality;
b) remain in the arbitral tribunal until the termination of the arbitration, unless justified by the existence of an impediment or a legitimate cause of resignation;
c) respect the confidentiality of the procedure;
d) have sufficient time to diligently attend the arbitration;
e) personally participate in the hearings;
f) deliberate with the other arbitrators;
g) issue the reasoned award and within the established period.
In all cases, the arbitrators must guarantee the equality of the parties and the principle of adversarial debate, as well as that each of them is given sufficient opportunity to assert their rights.
ARTICLE 1663.- Challenge of the arbitrators. Arbitrators can be challenged for the same reasons as judges according to the law of the seat of the arbitration. The challenge is resolved by the entity administering the arbitration or, failing that, by the judicial court. The parts
they may agree that the challenge is resolved by the other arbitrators.
ARTICLE 1664.- Remuneration of the arbitrators. The parties and the arbitrators may agree on their fees or the way to determine them. If they do not, the regulation is made by the judicial court in accordance with the local rules applicable to the extrajudicial activity of lawyers.
ARTICLE 1665.- Extinction of the jurisdiction of the arbitrators. The competence attributed to the arbitrators by the arbitration contract is extinguished with the issuance of the final award, except for the issuance of clarifying or complementary resolutions according to what the parties have
stipulated or to the provisions of the law of the headquarters.
CHAPTER 30
Trust agreement
SECTION 1
General disposition
ARTICLE 1666.- Definition. There is a trust contract when a party, called the settlor, transmits or undertakes to transmit the ownership of goods to another person called the trustee, who is obliged to exercise it for the benefit of another so-called beneficiary, who is designated in
the contract, and transmit it to the trustee upon the fulfillment of a term or condition.
ARTICLE 1667.- Content. The contract must contain:
a) the identification of the goods that are the object of the contract. In the event that such individualization is not possible on the date of the execution of the trust, the description of the requirements and characteristics that the assets must meet must be included;
b) the determination of the way in which other assets may be incorporated into the trust, if applicable;
c) the term or condition to which the fiduciary property is subject;
d) the identification of the beneficiary, or the way to determine it in accordance with article 1671;
e) the destination of the assets at the end of the trust, with an indication of the trustee to whom they should be transferred or the way to determine it in accordance with article 1672;
f) the rights and obligations of the trustee and how to replace him, if he ceases.
ARTICLE 1668.- Term. Condition. The trust cannot last more than thirty years from the conclusion of the contract, except that the beneficiary is an incapable person or with restricted capacity, in which case it can last until the cessation of the incapacity or the restriction to its
capacity, or his death.
If a longer term is agreed, it is reduced to the maximum time foreseen.
Once the condition is fulfilled or after thirty years have elapsed since the contract has not been fulfilled, the trust ceases and the assets must be transferred by the trustee designated in the contract. In the absence of a stipulation, they must be transferred to the settlor or his heirs.
ARTICLE 1669.- Form. The contract, which must be registered in the corresponding Public Registry, may be entered into by public or private instrument, except when it refers to goods whose transmission must be entered into by public instrument. In this case, when it is not fulfilled
said formality, the contract is valid as a promise to grant it. If the incorporation of this class of goods is subsequent to the conclusion of the contract, it is sufficient to comply, on that occasion, with the necessary formalities for their transfer, and it must be transcribed in the
respective act the trust contract.
ARTICLE 1670.- Purpose. All assets found in commerce, including universals, can be the object of the trust, but future inheritances cannot be.
SECTION 2
Subjects
ARTICLE 1671.- Beneficiary. The beneficiary can be a human or legal person, which may or may not exist at the time the contract is granted; in the latter case, the data that allow its future identification must be included. Beneficiaries may be the settlor, the
trustee or trustee.
Several beneficiaries may be designated who, except as otherwise provided, benefit equally; In the case of non-acceptance or resignation of one or more designated, or when one or others do not exist, the right to increase of the others can be established or, where appropriate,
designate substitute beneficiaries.
If no beneficiary accepts, all resign or do not exist, it is understood that the beneficiary is the trustee. If the trustee also resigns or does not accept, or if it does not exist, the beneficiary must be the settlor.
The right of the beneficiary, even if he has not accepted, can be transmitted by acts between living or by cause of death, except as otherwise provided by the settlor. If death extinguishes the right of the designated beneficiary, the rules in the preceding paragraphs apply.
SECTION 1672.- Trustee. The trustee is the person to whom the property is transferred at the conclusion of the trust. It can be the settlor, the beneficiary, or a person other than them. The trustee cannot be a trustee.
The first, second and third paragraphs of Article 1671 apply to the trustee.
If no trustee agrees, all resign or do not exist, the trustee is the settlor.
SECTION 1673.- Trustee. The trustee can be any human or legal person.
Only financial entities authorized to function as such, subject to the provisions of the respective law, and legal entities authorized by the securities markets control body, which must establish the regulations, may be offered to the public to act as trustees.
requirements that must be met.
The trustee can be a beneficiary. In this case, you must avoid any conflict of interest and act giving priority to those of the other parties involved in the contract.
ARTICLE 1674.- Guideline for action. Solidarity. The trustee must comply with the obligations imposed by law and by the contract with the prudence and diligence of a good businessman who acts on the basis of the trust placed in him.
In the event that more than one trustee is appointed to act simultaneously, either jointly or indistinctly, their responsibility is joint and several for the fulfillment of the obligations resulting from the trust.
ARTICLE 1675.- Rendering of accounts. The rendering of accounts may be requested by the beneficiary, by the settlor or by the trustee, as the case may be, in accordance with the law and the contractual provisions; They must be rendered with a periodicity of no more than one year.
ARTICLE 1676.- Prohibited dispensations. The contract cannot exempt the trustee from the obligation to render accounts, nor from the guilt or fraud that he or his dependents may incur, nor from the prohibition of acquiring the trust assets for himself.
ARTICLE 1677.- Reimbursement of expenses. Remuneration. Unless otherwise stipulated, the trustee has the right to reimbursement of expenses and a remuneration, both in charge of who or who is stipulated in the contract. If the remuneration is not set in the contract, it must be set by the judge
taking into consideration the nature of the assignment, the importance of the duties to be fulfilled, the effectiveness of the management carried out and the other circumstances in which the trustee acts.
SECTION 1678.- Cessation of the trustee. The trustee ceases for:
a) judicial removal for breach of his obligations or for being physically or legally incapacitated for the performance of his function, at the request of the settlor; or at the request of the beneficiary or the trustee, with the summons of the settlor;
b) judicially declared incapacity, disqualification and restricted capacity, and death, if a human person;
c) dissolution, if it is a legal entity; This cause does not apply in cases of merger or absorption, without prejudice to the application of subsection a), if applicable;
d) bankruptcy or liquidation;
e) resignation, if expressly authorized in the contract, or in case of serious cause or material or legal impossibility of performing the function; The resignation takes effect after the transfer of the assets object of the trust to the substitute trustee.
ARTICLE 1679.- Substitution of the trustee. Once a cause for termination of the trustee is produced, he is replaced by the substitute indicated in the contract or the one designated according to the procedure provided by him. If there is not or does not accept, the judge must designate one of the entities as trustee
authorized in accordance with the provisions of article 1690.
In the event of the death of the trustee, the interested parties may dispense with judicial intervention, granting the necessary acts for the transfer of assets.
In the remaining cases of subsections b), c) and d) of article 1678, any interested party may request the judge to verify the occurrence of the cause and the indication of the substitute or the procedure for his appointment, in accordance with the contract or the law. , by the procedure more
brief provided by local procedural law. In all cases of article 1678, the judge may, at the request of the settlor, the beneficiary, the trustee or a creditor of the separate estate, appoint a provisional judicial trustee or issue measures to protect the estate,
if there is danger in the delay.
If the appointment of the new trustee is made with judicial intervention, the trustee must be heard.
The trust assets must be transferred to the new trustee. If they are registrable, the legal, notarial or authenticated private instrument, in which the designation of the new trustee is recorded, is sufficient form of the title. The taking of reason can also be requested by the new
trust.
ARTICLE 1680.- Trust in guarantee. If the trust is constituted for guarantee purposes, the trustee can apply the sums of money that enter the estate, including by judicial or extrajudicial collection of the credits or rights in trust, to the payment of the credits.
guaranteed. Regarding other assets, to be applied to the guarantee, the trustee may dispose of them according to the provisions of the contract and, in the absence of an agreement, privately or judicially, ensuring a mechanism that seeks to obtain the highest possible value of the assets.
ARTICLE 1681.- Acceptance of the beneficiary and the trustee. Fraud. To receive the benefits of the trust, the beneficiary and the trustee must accept their capacity as such.
Acceptance is presumed when they intervene in the trust contract, when they perform acts that unequivocally suppose it or are holders of certificates of participation or debt securities in financial trusts.
Not mediating acceptance in the indicated terms, the trustee may request it by means of an authentic act setting a reasonable period of time for this purpose. If the acceptance is not produced, you must request the judge to request it without another substantiation, setting for this purpose the mode of notification to the interested party.
that is most appropriate.
The beneficiary and the trustee may, to the extent of their interest, claim for the due fulfillment of the contract and the revocation of the acts carried out by the trustee in fraud of their interests, without prejudice to the rights of third parties interested in good faith.
SECTION 3
Effects edit
ARTICLE 1682.- Trust property. Fiduciary property is constituted on the trust assets, governed by the provisions of this Chapter and by those that correspond to the nature of the assets.
ARTICLE 1683.- Effects against third parties. The fiduciary nature of the property has effects against third parties from the moment the requirements are met according to the nature of the respective assets.
ARTICLE 1684.- Registration. Incorporated goods. In the case of registrable assets, the corresponding records must take account of the fiduciary quality of the property in the name of the trustee.
Unless otherwise stipulated in the contract, the trustee acquires the fiduciary ownership of the fruits and products of the trust assets and of the assets acquired with those fruits and products or by real subrogation with respect to all those assets, having to leave
proof of this in the title for the acquisition and in the pertinent records.
ARTICLE 1685.- Separate patrimony. Sure. The trust assets constitute an estate separate from the assets of the trustee, the settlor, the beneficiary and the trustee.
Without prejudice to his responsibility, the trustee has the obligation to take out insurance against civil liability that covers the damages caused by the things that are the object of the trust. The risks and amounts for which you must take out the insurance are those established by the
regulations and, failing this, those that are reasonable. The trustee is liable under the terms of articles 1757 and corresponding when he has not contracted insurance or when it is unreasonable in the coverage of risks or amounts.
ARTICLE 1686.- Action by creditors. The trust assets are exempt from the singular or collective action of the trustee's creditors. Neither can the trustor's creditors attack the trust assets, except for actions due to fraud and
insolvency ineffectiveness. The creditors of the beneficiary and the trustee may subrogate in the rights of their debtor.
ARTICLE 1687.- Debts. Settlement. The assets of the trustee are not liable for the obligations contracted in the execution of the trust, which are only satisfied with the assets in trust. Neither are the settlor, the beneficiary or the
trustee, except express commitment of these.
The provisions of this article do not prevent the trustee from being liable for the application of the general principles, if applicable.
The insufficiency of the trust assets to meet these obligations does not give rise to the declaration of bankruptcy. In this case and in the absence of other resources provided by the trustor or the beneficiary according to contractual provisions, its liquidation proceeds, which is in charge of the
competent judge, who must set the procedure on the basis of the rules established for bankruptcies and bankruptcies, as appropriate.
ARTICLE 1688.- Acts of disposition and encumbrances. The trustee may dispose or encumber the trust assets when required by the purposes of the trust, without the need for the consent of the settlor, beneficiary or trustee.
The contract may provide limitations to these powers, including the prohibition to sell, which, where appropriate, must be entered in the records corresponding to recordable things. Said limitations are not enforceable against third parties interested in good faith, without prejudice to the
rights regarding the trustee.
If several trustees are appointed, a condominium is configured according to the provisions of article 1674, the acts of disposition must be jointly granted by all, except an agreement to the contrary, and none of them can exercise the partition action for the duration of the
escrow.
The acts of disposition carried out by the trustee in accordance with the provisions of this rule remain safe.
ARTICLE 1689.- Actions. The trustee is entitled to exercise all the actions that correspond to the defense of the trust assets, against third parties, the settlor, the beneficiary or the trustee.
The judge may authorize the settlor, the beneficiary or the trustee, to exercise actions in substitution of the trustee, when the latter does not do so without sufficient reason.
SECTION 4
Financial trust
ARTICLE 1690.- Definition. Financial trust is the trust contract subject to the preceding rules, in which the trustee is a financial entity or a company specially authorized by the securities markets control body to act as
Financial trustee, and beneficiaries are the holders of the securities guaranteed with the transferred assets.
ARTICLE 1691.- Securities. Offers to the public. The securities referred to in article 1690 may be offered to the public under the terms of the regulations on public offering of securities. In this case, the controlling body of the securities markets must be
enforcement authority regarding financial trusts, who may issue regulatory standards that include the determination of the requirements to be met to act as trustee.
ARTICLE 1692.- Content of the financial trust agreement. In addition to the general content requirements set forth in article 1667, the financial trust agreement must contain the terms and conditions of issuance of the securities, the rules for the
adoption of decisions by the beneficiaries that include provisions for the case of insufficiency or insolvency of the trust assets, and the name or particular identification of the financial trust.
SECTION 5
Certificates of participation and debt securities
ARTICLE 1693.- Emission and characters. Global certificates. Notwithstanding the possibility of issuing atypical securities, in the terms of article 1820, the participation certificates are issued by the trustee. The representative debt securities guaranteed by the
Trust assets can be issued by the trustee or by third parties. Participation certificates and debt securities can be bearer, endorsable or non-endorsable registered, certified or registered, as permitted by law.
relevant. The certificates must be issued on the basis of a prospectus that contains the conditions of the issue, the necessary statements to identify the trust to which they belong, and the description of the rights they confer.
Global certificates of participation certificates and debt securities can be issued for registration in collective deposit regimes. For this purpose they are considered final, negotiable and divisible.
ARTICLE 1694.- Classes. Series. Various classes of participation certificates or debt securities can be issued, with different rights. Within each class the same rights must be granted. The issue can be divided into series. Representative titles
of debt give their holders the right to claim by executive means.
SECTION 6
Assemblies of holders of debt securities or certificates of participation
ARTICLE 1695.- Assemblies. In the absence of contractual provisions to the contrary, or regulations of the regulatory body of the securities markets, in financial trusts with public offering, the collective decisions of the beneficiaries of the financial trust
They must be adopted by a meeting, to which the rules of convocation, quorum, operation and majorities of public limited companies apply, except in the case in which the insufficiency of the trust assets or the restructuring of their payments to the beneficiaries is concerned. In this
Last assumption, the rules of the extraordinary assemblies of joint-stock companies apply, but no decision is valid without the favorable vote of three-quarters of the issued and outstanding securities.
ARTICLE 1696.- Computation. In the event of the existence of debt securities and certificates of participation in the same financial trust, the calculation of the quorum and the majorities must be done on the joint nominal value of the securities in circulation.
However, except as otherwise provided in the contract, no decision related to the insufficiency of the trust assets or the restructuring of payments to the beneficiaries is valid without the favorable vote of three-quarters of the debt securities.
issued and outstanding, excluding subordinated debt securities.
SECTION 7
Extinction of the trust
ARTICLE 1697.- Causes. The trust is extinguished by:
a) compliance with the term or condition to which it has been submitted, or the expiration of the maximum legal term;
b) the revocation of the settlor, if that power has been expressly reserved; the revocation has no retroactive effect; revocation is ineffective in financial trusts after the public offering of participation certificates or debt securities has begun;
c) any other cause provided in the contract.
ARTICLE 1698.- Effects. Upon termination of the trust, the trustee is obliged to deliver the trust assets to the trustee or his successors, to grant the instruments and to contribute to the corresponding registry entries.
SECTION 8
Testamentary trust
ARTICLE 1699.- Applicable rules. The trust can also be constituted by will, which must contain, at least, the enunciations required by article 1667.
Articles 2448 and 2493 and the rules of this Chapter apply; those referring to the trust contract must be understood as relative to the will.
In the event that the appointed trustee does not accept his appointment, the provisions of article 1679 shall apply.
The maximum term provided for in article 1668 is computed from the death of the trustor.
ARTICLE 1700.- Nullity. The trust established so that the trustee is obliged to maintain or manage the trust assets to be transferred only upon death to another trustee of current or future existence is void.
CHAPTER 31
Fiduciary domain

ARTICLE 1701.- Trust domain. Definition. Fiduciary domain is that which is acquired by reason of a trust constituted by contract or by will, and is subject to last only until the extinction of the trust, for the purpose of delivering the thing to whom
corresponds according to the contract, the will or the law.
ARTICLE 1702.- Applicable standards. The rules that govern real rights in general and, in particular, the domain, provided for in Titles I and III of Book Four of this Code, are applicable to the fiduciary domain.
ARTICLE 1703.- Exceptions to the general regulations. The fiduciary domain makes an exception to the general regulation of the domain and, in particular, the imperfect domain insofar as it is possible to include in the trust contract the limitations to the powers of the owner contained in
the provisions of Chapter 30 and of this Chapter.
ARTICLE 1704.- Powers. The holder of the fiduciary domain has the powers of the perfect owner, as long as the legal acts carried out are in accordance with the purpose of the trust and the agreed contractual provisions.
ARTICLE 1705.- Non-retroactivity. The extinction of the fiduciary domain does not have retroactive effect with respect to the acts performed by the trustee, except that they do not conform to the purposes of the trust and the agreed contractual provisions, and that the third acquirer lacks
good faith and onerous title.
ARTICLE 1706.- Reacquisition of the perfect domain. Produced the extinction of the trust, the trustee of a thing is immediately constituted as a holder in the name of the perfect owner. If the thing is registrable and the sufficient way consists of the constitutive registration, it is
requires registering the reacquisition; If the registration is not constitutive, it is required for the purpose of its enforceability.
ARTICLE 1707.- Effects. When the extinction is not retroactive, all acts carried out by the owner of the trust domain are opposable to the perfect owner.
If the extinction is retroactive, the perfect owner reacquires the free domain of all the legal acts carried out.
TITLE V
Other sources of obligations
CHAPTER 1
Civil liability
SECTION 1
General disposition
ARTICLE 1708.- Responsibility functions. The provisions of this Title are applicable to the prevention of damage and its repair.
ARTICLE 1709.- Normative priority. In the cases in which the provisions of this Code and those of any special law relating to civil liability concur, they are applicable, in the following order of priority:
a) the unavailable rules of this Code and of the special law;
b) the autonomy of the will;
c) the supplementary norms of the special law;
d) the supplementary rules of this Code.
SECTION 2
Preventive function and excessive punishment
ARTICLE 1710.- Duty to prevent damage. Every person has the duty, insofar as it depends, to:
a) avoid causing unjustified damage;
b) adopt, in good faith and in accordance with the circumstances, reasonable measures to prevent damage from occurring, or reduce its magnitude; If such measures prevent or lessen the magnitude of damage for which a third party would be liable, you are entitled to a refund of the value
of the expenses incurred, according to the rules of enrichment without cause;
c) not aggravate the damage, if it has already occurred.
ARTICLE 1711.- Preventive action. Preventive action proceeds when an unlawful action or omission makes the production of damage, its continuation or aggravation foreseeable. The concurrence of any attribution factor is not required.
ARTICLE 1712.- Legitimation. Those who have a reasonable interest in preventing the damage are entitled to claim.
ARTICLE 1713.- Sentence. The sentence that admits preventive action must provide, at the request of a party or ex officio, definitively or provisionally, obligations to give, do or not do, as appropriate; must weigh the criteria of the least possible restriction and the most
ideal to ensure efficiency in obtaining the purpose.
ARTICLE 1714.- Excessive punishment. If the application of administrative, criminal or civil pecuniary sentences with respect to a fact causes an unreasonable or excessive punishment, the judge must compute it for the purpose of prudentially setting its amount.
ARTICLE 1715.- Powers of the judge. In the case provided for in article 1714, the judge may totally or partially annul the measure.
SECTION 3
Compensatory function
ARTICLE 1716.- Duty to repair. The violation of the duty not to harm another, or the breach of an obligation, gives rise to the repair of the damage caused, in accordance with the provisions of this Code.
ARTICLE 1717.- Unlawfulness. Any action or omission that causes harm to another is unlawful if it is not justified.
ARTICLE 1718.- Legitimate defense, state of necessity and regular exercise of a right. The fact that it causes damage is justified:
a) in regular exercise of a right;
b) in legitimate self-defense or that of third parties, by a rationally proportionate means, against a current or imminent, illegal and unprovoked aggression; the third party who was not an illegitimate aggressor and suffers damages as a result of an act carried out in legitimate defense has the right to
obtain full reparation;
c) to avoid an evil, current or imminent, otherwise unavoidable, that threatens the agent or a third party, if the danger does not originate in an act of his; the fact is justified only if the evil that is avoided is greater than that that is caused. In this case, the injured party has the right to
be compensated to the extent that the judge considers it equitable.
ARTICLE 1719.- Assumption of risks. Voluntary exposure by the victim to a dangerous situation does not justify the harmful event or exempt it from liability unless, due to the circumstances of the case, it can be classified as an act of the injured party who interrupts.
the causal link totally or partially.
Whoever voluntarily exposes himself to a dangerous situation to save the person or property of another has the right, in the event of being damaged, to be compensated by the person who created the dangerous situation, or by the beneficiary for the act of self-denial. In the latter case, the repair
It proceeds only to the extent of the enrichment obtained by it.
ARTICLE 1720.- Consent of the injured party. Without prejudice to special provisions, the free and informed consent of the injured party, insofar as it does not constitute an abusive clause, frees them from liability for damages derived from damage to property.
available.
ARTICLE 1721.- Attribution factors. The attribution of damage to the responsible party may be based on objective or subjective factors. In the absence of regulations, the attribution factor is fault.
ARTICLE 1722.- Objective factor. The attribution factor is objective when the agent's fault is irrelevant for the purposes of attributing responsibility. In such cases, the person responsible is released by proving the cause of others, unless otherwise provided by law.
ARTICLE 1723.- Objective responsibility. When from the circumstances of the obligation, or from what was agreed by the parties, it appears that the debtor must obtain a specific result, his responsibility is objective.
ARTICLE 1724.- Subjective factors. Guilt and fraud are subjective attribution factors. Guilt consists of the omission of due diligence according to the nature of the obligation and the circumstances of the people, time and place. Understand recklessness, negligence, and
inexperience in art or profession. The fraud is configured by the production of damage intentionally or with manifest indifference to the interests of others.
ARTICLE 1725.- Assessment of conduct. The greater the duty to act with prudence and full knowledge of things, the greater the diligence required of the agent and the assessment of the predictability of the consequences.
When there is a special trust, the nature of the act and the particular conditions of the parties must be taken into account.
To assess conduct, the special condition or intellectual faculty of a specific person is not taken into account, except in contracts that imply a special trust between the parties. In these cases, the degree of responsibility is estimated, due to the special condition of the
agent.
ARTICLE 1726.- Causal relationship. Harmful consequences that have an adequate causal link with the event producing the damage are reparable. Except for legal provision to the contrary, immediate consequences and foreseeable mediate ones are compensated.
ARTICLE 1727.- Types of consequences. The consequences of an event that tend to happen according to the natural and ordinary course of things, are called in this Code "immediate consequences". The consequences that result only from the connection of a fact with a
different event, they are called "mediate consequences." Mediate consequences that cannot be foreseen are called "chance consequences."
ARTICLE 1728.- Contractual predictability. Contracts are liable for the consequences that the parties anticipated or could have anticipated at the time of their conclusion. When there is fraud of the debtor, the responsibility is set taking into account these consequences as well
at the time of default.
ARTICLE 1729.- Fact of the injured party. Liability may be excluded or limited by the incidence of the victim in the production of the damage, unless the law or the contract provides that it must be their fault, fraud, or any other circumstance.
special.
ARTICLE 1730.- Fortuitous case. Overwhelming force. A fortuitous event or force majeure is considered to be the fact that it could not be foreseen or that, having been foreseen, it could not be avoided. The fortuitous event or force majeure exempts from liability, unless otherwise provided.
This Code uses the terms "acts of God" and "force majeure" synonymously.
ARTICLE 1731.- Fact of a third party. To exempt from liability, in whole or in part, the fact of a third party for whom it is not necessary to respond must meet the characteristics of a fortuitous event.
ARTICLE 1732.- Impossibility of compliance. The debtor of an obligation is exempted from compliance, and is not responsible, if the obligation has been extinguished due to the impossibility of objective and absolute fulfillment not attributable to the obligor. The existence of this impossibility must
be appreciated taking into account the requirements of good faith and the prohibition of the abusive exercise of rights.
ARTICLE 1733.- Responsibility for fortuitous event or for impossibility of compliance. Even if the fortuitous event or the impossibility of performance occurs, the debtor is responsible in the following cases:
a) if it has assumed compliance even if a fortuitous event or impossibility occurs;
b) if it appears from a legal provision that it is not released due to unforeseeable circumstances or impossibility of compliance;
c) If it is in default, unless it is indifferent to the production of the fortuitous event or the impossibility of compliance;
d) if the fortuitous event or the impossibility of compliance occurs due to their fault;
e) if the fortuitous event and, where appropriate, the impossibility of compliance that results from it, constitute a contingency inherent to the risk of the thing or activity;
f) if he is obliged to make restitution as a result of an illegal act.
ARTICLE 1734.- Proof of the attribution factors and the defenses. Except for legal provision, the burden of proof of the attribution factors and of the exculpatory circumstances corresponds to the one who alleges them.
ARTICLE 1735.- Judicial powers. However, the judge may distribute the burden of proof of guilt or of having acted with due diligence, weighing which of the parties is in the best position to provide it. If the judge considers it pertinent, during the process you must
communicate to the parties that it will apply this criterion, in order to allow the litigants to offer and produce the elements of conviction that they make in their defense.
ARTICLE 1736.- Proof of the causal relationship. The burden of proof of the causal relationship corresponds to whoever alleges it, unless the law imputes it or presumes it. The burden of proof of the external cause, or the impossibility of compliance, falls on the person invoking it.
SECTION 4
Compensable damage
ARTICLE 1737.- Concept of damage. There is damage when a right or an interest not disapproved by the legal system, which has as its object the person, the patrimony, or a right of collective incidence is injured.
ARTICLE 1738.- Indemnification. The compensation includes the loss or decrease of the victim's assets, the loss of earnings in the expected economic benefit according to the objective probability of obtaining it and the loss of chances. It especially includes the
consequences of the violation of the very personal rights of the victim, his personal integrity, his psychophysical health, his legitimate spiritual affections and those that result from the interference in his life project.
ARTICLE 1739.- Requirements. For the origin of the compensation, there must be a direct or indirect, current or future, true and persistent damage. The loss of chance is compensable to the extent that its contingency is reasonable and maintains an adequate relationship of
causality with the generating event.
ARTICLE 1740.- Full reparation. The repair of the damage must be full. It consists of restoring the situation of the injured party to the state prior to the harmful event, either by payment in money or in kind. The victim can opt for the specific reimbursement, unless it is partial or
totally impossible, excessively burdensome or abusive, in which case it must be fixed in money. In the case of damages derived from the injury of honor, privacy or personal identity, the judge may, at the request of a party, order the publication of the sentence, or its pertinent parts, to
responsibility of the person in charge.
ARTICLE 1741.- Compensation for non-patrimonial consequences. The direct victim is entitled to claim compensation for non-financial consequences. If the fact results in their death or suffers a great disability, they also have personal standing,
depending on the circumstances, the ascendants, descendants, the spouse and those who lived with him receiving ostensible family treatment.
The action is only transmitted to the universal successors of the legitimated if it is filed by him.
The amount of the compensation must be set by weighing the substitute and compensatory satisfactions that the recognized sums can provide.
ARTICLE 1742.- Attenuation of liability. The judge, when setting the compensation, can mitigate it if it is equitable depending on the debtor's assets, the victim's personal situation and the circumstances of the fact. This power is not applicable in case of fraud of the person in charge.
ARTICLE 1743.- Advance waiver of responsibility. The clauses that exempt or limit the obligation to compensate are invalid when they affect unavailable rights, violate good faith, good customs or mandatory laws, or are abusive. They are also invalid if
They release in advance, in whole or in part, from the damage suffered by fraud of the debtor or of the people for whom he must respond.
ARTICLE 1744.- Proof of damage. The damage must be accredited by whoever invokes it, unless the law imputes or presumes it, or that it arises notoriously from the facts themselves.
ARTICLE 1745.- Compensation for death. In the event of death, compensation must consist of:
a) the necessary expenses for assistance and subsequent funeral of the victim. The right to repeat them rests with whoever pays them, even if it is because of a legal obligation;
b) what is necessary for maintenance of the spouse, the partner, children under twenty-one years of age with food rights, disabled children or with restricted capacity, even if they have not been declared such in court; this compensation proceeds even when another
person must provide food to the indirect victim; the judge, in order to fix the reparation, must take into account the probable time of life of the victim, his personal conditions and those of the claimants;
c) the loss of the chance of future help as a consequence of the death of the children; This right also belongs to whoever has the custody of the deceased minor.
ARTICLE 1746.- Compensation for injuries or physical or mental disability. In case of injuries or permanent disability, physical or mental, total or partial, the compensation must be evaluated by determining a capital, in such a way that your income covers the decrease in
the ability of the injured party to carry out productive or economically valuable activities, and that it is exhausted at the end of the period in which it could reasonably continue to carry out such activities. Medical, pharmaceutical and transportation expenses resulting from
Reasonable based on the nature of the injury or disability. In the case of permanent disability, the damage must be compensated even if the injured party continues to perform a paid job. This compensation proceeds even when another person must provide maintenance to the
damaged.
ARTICLE 1747.- Accumulability of default damage. Compensation for default damage is cumulative to the compensatory damage or to the value of the benefit and, where appropriate, to the compensatory penal clause, without prejudice to the morigerating power of the judge when such accumulation
is abusive.
ARTICLE 1748.- Course of interest. The course of the interest begins from when each damage occurs.
SECTION 5
Direct liability
ARTICLE 1749.- Responsible subjects. Whoever breaches an obligation or causes unjustified damage by action or omission is directly liable.
ARTICLE 1750.- Damages caused by involuntary acts. The author of a damage caused by an involuntary act responds for reasons of equity. The provisions of article 1742 apply.
The act performed by the person who suffers irresistible force does not generate responsibility for its author, without prejudice to that which corresponds in a personal capacity to the person exercising that force.
ARTICLE 1751.- Plurality of responsible parties. If several people participate in the production of damage that has a single cause, the rules of joint and several obligations apply. If the plurality derives from different causes, the rules of concurrent obligations apply.
ARTICLE 1752.- Concealment. The cover-up responds as soon as your cooperation has caused harm.
SECTION 6
Liability for the act of third parties
ARTICLE 1753.- Responsibility of the principal for the fact of the dependent. The principal responds objectively for the damages caused by those who are under his / her dependence, or by the persons whom he uses to fulfill his obligations, when the harmful event
occurs in exercise or on the occasion of the functions entrusted.
The clerk's lack of discernment does not excuse the principal. The principal's responsibility is concurrent with that of the dependent.
ARTICLE 1754.- Fact of the children. The parents are jointly and severally liable for the damages caused by the children who are under their parental responsibility and who live with them, without prejudice to the personal and concurrent responsibility that may fit the children.
ARTICLE 1755.- Cessation of parental responsibility. The responsibility of the parents is objective, and ceases if the minor child is placed under the supervision of another person, temporarily or permanently. It does not cease in the case provided for in article 643.
The parents are not released, even if the minor child does not live with them, if this circumstance derives from a cause attributable to them.
Parents are not liable for damages caused by their children in tasks inherent to the exercise of their profession or subordinate functions entrusted by third parties. Nor are they responsible for the breach of contractual obligations validly contracted by their children.
ARTICLE 1756.- Other persons in charge. The delegates in the exercise of parental responsibility, the guardians and the curators are responsible like the parents for the damage caused by those who are in their charge.
However, they are released if they prove that it has been impossible for them to avoid the damage; such impossibility does not result from the mere circumstance of having happened outside of his presence.
The establishment that is in charge of interned persons responds for the negligence in the care of those who, temporarily or permanently, have been placed under its surveillance and control.
SECTION 7
Responsibility derived from the intervention of things and certain activities
ARTICLE 1757.- Fact of risky things and activities. Every person is liable for the damage caused by the risk or vice of things, or of activities that are risky or dangerous by their nature, by the means used or by the circumstances of their performance.
The responsibility is objective. Administrative authorization for the use of the thing or the performance of the activity, nor compliance with prevention techniques are not exemptions.
ARTICLE 1758.- Responsible subjects. The owner and the guardian are concurrently responsible for the damage caused by the things. Guardian is considered to be someone who exercises, by himself or through third parties, the use, direction and control of the thing, or who obtains a benefit from it. The owner and the
Guardians do not respond if they prove that the thing was used against their express or presumed will.
In case of risky or dangerous activity, the person who performs it, uses it or obtains benefit from it, by himself or by third parties, except as provided by special legislation.
ARTICLE 1759.- Damage caused by animals. The damage caused by animals, whatever their species, is included in article 1757.
SECTION 8
Collective and anonymous liability
ARTICLE 1760.- Thing suspended or thrown. If a thing falls from a part of a building, or if it is thrown, the owners and occupants of said part are jointly liable for the damage it causes. Only those who prove that they did not participate in its production are released.
ARTICLE 1761.- Anonymous author. If the damage comes from an unidentified member of a specific group, all its members respond jointly and severally, except those who demonstrate that they have not contributed to its production.
ARTICLE 1762.- Dangerous activity of a group. If a group carries out a dangerous activity for third parties, all its members are jointly liable for the damage caused by one or more of its members. Only those who show that they were not part of the group are released.
SECTION 9
Special liability cases
ARTICLE 1763.- Liability of the legal person. The legal person responds for the damages caused by those who direct or administer them in exercise or on the occasion of their functions.
SECTION 1764.- Inapplicability of standards. The provisions of Chapter 1 of this Title are not applicable to the responsibility of the State in a direct or subsidiary manner.
ARTICLE 1765.- Responsibility of the State. The responsibility of the State is governed by the norms and principles of national or local administrative law as appropriate.
ARTICLE 1766.- Responsibility of the official and public employee. The acts and omissions of public officials in the exercise of their functions for not complying except in an irregular manner with the legal obligations imposed on them are governed by the norms and
principles of national or local administrative law, as appropriate.
ARTICLE 1767.- Responsibility of educational establishments. The owner of an educational establishment is liable for the damage caused or suffered by his minor students when they are or should be under the control of the school authority. Responsibility is
objective and exempted only with the evidence of the fortuitous event.
The educational establishment must take out civil liability insurance, in accordance with the requirements established by the insurance authority.
This rule does not apply to higher education or university establishments.
ARTICLE 1768.- Liberal professionals. The activity of the liberal professional is subject to the rules of the obligations to do. Responsibility is subjective, unless a specific result has been compromised. When the obligation to do is paid with things, the
Liability is not included in Section 7 of this Chapter, except that they cause damage derived from their vice. The activity of the liberal professional is not included in the responsibility for risky activities provided for in article 1757.
ARTICLE 1769.- Traffic accidents. The articles referring to the responsibility derived from the intervention of things apply to the damages caused by the movement of vehicles.
ARTICLE 1770.- Protection of private life. Anyone who arbitrarily interferes in the life of others and publishes portraits, spreads correspondence, mortifies others in their habits or feelings, or disturbs their privacy in any way, should be forced to cease such actions.
activities, if they did not stop before, and to pay compensation to be set by the judge, according to the circumstances. In addition, at the request of the aggrieved, the publication of the sentence in a local newspaper or newspaper may be ordered, if this measure is appropriate for an adequate
repair.
ARTICLE 1771.- Slanderous accusation. In the damages caused by a slanderous accusation, the only answer is due to fraud or gross negligence.
The complainant or complainant is liable for damages derived from the falsity of the complaint or the complaint if it is proven that he had no justifiable reasons to believe that the victim was involved.
SECTION 10
Exercise of liability actions
ARTICLE 1772.- Damages caused to things or goods. Entitled subjects. The repair of the impairment to a good or thing can be claimed by:
a) the holder of a real right over the thing or good;
b) the holder and the good faith possessor of the thing or good.
ARTICLE 1773.- Action against the direct and indirect responsible. The legitimized person has the right to bring his action, jointly or separately, against the direct and indirect responsible.
SECTION 11
Civil and criminal actions
ARTICLE 1774.- Independence. Civil action and criminal action resulting from the same event can be exercised independently. In cases where the harmful event constitutes at the same time a crime of criminal law, the civil action can be brought before the judges
criminal, in accordance with the provisions of procedural codes or special laws.
ARTICLE 1775.- Suspension of the issuance of the civil sentence. If the criminal action precedes the civil action, or is attempted during its course, the issuance of the final sentence must be suspended in the civil process until the conclusion of the criminal process, with the exception of the following
cases:
a) If there are causes for termination of the criminal action;
b) if the delay in criminal proceedings causes, in fact, an effective frustration of the right to be compensated;
c) If the civil action for reparation of the damage is based on an objective factor of responsibility.
ARTICLE 1776.- Criminal conviction. The criminal conviction produces res judicata effects in the civil process regarding the existence of the main fact that constitutes the crime and the guilt of the convicted person.
ARTICLE 1777.- Non-existence of the fact, of authorship, of crime or of criminal responsibility. If the criminal sentence decides that the fact did not exist or that the accused as responsible did not participate, these circumstances cannot be discussed in the civil process.
If the criminal sentence decides that an act does not constitute a criminal offense or that it does not commit the criminal responsibility of the agent, in the civil process that same fact can be freely discussed as a generator of civil responsibility.
ARTICLE 1778.- Excuses acquittal. Criminal acquittals do not affect civil action, except expressly provided otherwise.
ARTICLE 1779.- Impediment to repair the damage. They prevent the repair of the damage:
a) proof of the truth of the alleged slanderous act;
b) in crimes against life, having been a co-author or accomplice, or not having prevented the act, being able to do so.
ARTICLE 1780.- Subsequent criminal sentence. The criminal sentence after the civil sentence has no effect on it, except in the case of review. The review proceeds exclusively, and at the request of the interested party, in the following cases:
a) if the civil judgment assigns scope of res judicata to issues resolved by the criminal judgment and it is reviewed with respect to those issues, except that it derives from a change in the legislation;
b) in the case provided for in article 1775 subsection c) if the person who was judged responsible in the civil action is acquitted in the criminal trial due to the non-existence of the fact that founds the civil conviction, or for not being its author;
c) other cases provided by law.
EPISODE 2
Business management
ARTICLE 1781.- Definition. There is business management when a person unofficially assumes the management of someone else's business for a reasonable reason, without the intention of making a donation and without being authorized or obliged, conventionally or legally.
ARTICLE 1782.- Obligations of the manager. The manager is obliged to:
a) promptly notify the owner of the business that took over the management, and await their response, provided that waiting for it is not detrimental;
b) act according to the convenience and intention, real or presumed, of the business owner;
c) continue the management until the business owner has the possibility of assuming it himself or, where appropriate, until it is concluded;
D) provide adequate information regarding business management owner;
e) once the management is completed, be accountable to the business owner.
ARTICLE 1783.- Conclusion of the management. The management concludes:
a) when the owner prohibits the manager from continuing to act. The manager, however, can continue it, under his responsibility, to the extent that he does so for his own interest;
b) when the business concludes.
ARTICLE 1784.- Obligation against third parties. The manager is personally liable to third parties. It is only released if the business owner ratifies its management, or assumes its obligations; and provided that this does not affect third parties in good faith.
ARTICLE 1785.- Usefully conducted management. If the management is conducted usefully, the business owner is liable to the manager, even if the advantage that should result has not occurred, or has ceased:
a) to reimburse you for the necessary and useful expenses, with legal interest from the day they were incurred;
b) to release him from the personal obligations that he has contracted as a result of the management;
c) to repair the damages that, for reasons beyond their responsibility, they have suffered in the exercise of the management;
d) to remunerate him, if the management corresponds to the exercise of his professional activity, or if it is equitable in the circumstances of the case.
ARTICLE 1786.- Responsibility of the manager due to fault. The manager is liable to the business owner for the damage caused by his fault. His diligence is appreciated with specific reference to his performance in his own affairs; are guidelines to consider, among others, if
It deals with an urgent management, if it tries to free the owner of the business from a loss, and if it acts for reasons of friendship or affection.
ARTICLE 1787.- Responsibility of the manager due to unforeseeable circumstances. The manager is liable to the business owner, even for damage resulting from a fortuitous event, except insofar as the management has been useful to him:
a) if he acts against his express will;
b) if he undertakes risky activities, unrelated to the usual ones of the business owner;
c) if you postpone the business owner's interest over yours;
d) If you do not have the necessary skills for the business, or your intervention prevents that of another more suitable person.
ARTICLE 1788.- Joint and several liability. They are jointly and severally liable:
a) the managers who jointly assume the business of others;
b) the various owners of the business, in front of the manager.
ARTICLE 1789.- Ratification. The business owner is liable to third parties for acts performed on his behalf, if he ratifies the management, if he assumes the manager's obligations or if the management is usefully conducted.
ARTICLE 1790.- Application of rules of the mandate. The rules of the mandate apply supplementary to business management.
If the business owner ratifies the management, even if the manager believes that he is running his own business, the effects of the mandate are produced, between parties and with respect to third parties, from the day it began.
CHAPTER 3
Useful employment
ARTICLE 1791.- Characterization. Whoever, without being a business manager or agent, makes an expense, totally or partially in the interest of another, has the right to have its value reimbursed, as soon as it has been useful, even if it later ceases.
The reimbursement includes interest, from the date the expense is incurred.
ARTICLE 1792.- Funeral expenses. Funeral expenses that are reasonably related to the circumstances of the person and the uses of the place are included in article 1791.
ARTICLE 1793.- Obliged to reimburse. The creditor has the right to demand reimbursement:
a) to whom receives the utility;
b) to the heirs of the deceased, in the case of funeral expenses;
c) to the third-party purchaser, free of charge, of the asset that receives the utility, but only up to its value at the time of acquisition.
CHAPTER 4
Enrichment without cause
SECTION 1
General disposition
ARTICLE 1794.- Characterization. Any person who, without a lawful cause, enriches himself at the expense of another, is obliged, to the extent of his benefit, to compensate the patrimonial detriment of the impoverished person.
If the enrichment consists of the incorporation of a certain asset into your patrimony, you must restore it if it remains in your power at the time of the claim.
ARTICLE 1795.- Inadmissibility of the action. The action is not appropriate if the legal system grants the injured party another action to obtain reparation for the impoverishment suffered.
SECTION 2
Improper payment
ARTICLE 1796.- Cases. The payment is repeatable, if:
a) the cause of duty does not exist, or does not subsist, because there is no valid obligation; that cause ceases to exist; or it is carried out in consideration of a future cause, which will not occur;
b) The person who is not obliged pays, or is not in the scope in which they pay, unless they do so as a third party;
c) the person who is not a creditor receives the payment, unless it is delivered as a gift;
d) the cause of the payment is illegal or immoral;
e) the payment is obtained by illegal means.
ARTICLE 1797.- Irrelevance of the error. The repetition of the payment is not subject to being made in error.
ARTICLE 1798.- Scope of repetition. Repetition obliges to restore what was received, in accordance with the rules of the obligations to give to restore.
ARTICLE 1799.- Special situations. In particular:
a) the restitution by an incapable person or with restricted capacity cannot exceed the benefit that he / she has obtained;
b) in the case of subsection b) of article 1796, restitution does not proceed if the creditor, in good faith, deprives himself of his title, or renounces the guarantees; whoever makes the payment has legal subrogation in the rights of the former;
c) in the case of subsection d) of article 1796, the party who does not act clumsily has the right to restitution; If both parties act awkwardly, the credit has the same fate as the vacant inheritances.
CHAPTER 5
Unilateral declaration of will
SECTION 1
General disposition
ARTICLE 1800.- General rule. The unilateral declaration of will causes a legally enforceable obligation in the cases provided for by law or custom. The rules relating to contracts are applied subsidiarily.
ARTICLE 1801.- Acknowledgment and promise of payment. The promise of payment of an obligation made unilaterally presumes the existence of a valid source, except for evidence to the contrary. Article 733 applies for recognition.
ARTICLE 1802.- Letters of credit. The obligations that result for the issuer or confirmer of the letters of credit issued by banks or other authorized entities are unilateral declarations of will. In these cases any kind of instrument can be used
particular.
SECTION 2
Public promise of reward
ARTICLE 1803.- Obligation. Whoever, through public announcements, promises to reward, with a pecuniary benefit or a distinction, whoever executes a certain act, meets certain requirements or is in a certain situation, is bound by that promise from the
moment when it becomes known to the public.
ARTICLE 1804.- Express or tacit term. The promise made without term, express or tacit, expires within six months of the last act of publicity, if no one informs the promisor of the occurrence of the event or the planned situation.
ARTICLE 1805.- Revocation. The promise without deadline can be retracted at any time by the promisor. If it has a term, it can only be revoked before expiration, with just cause. In both cases, the revocation takes effect from the moment it is made public by an advertising medium.
identical or equivalent to the one used for the promise. It is unenforceable to whoever has carried out the act or verified the situation provided before the first act of publicity of the revocation.
ARTICLE 1806.- Attribution of the reward. Cooperation of several people. If several people separately certify the fulfillment of the fact, the requirements or the situation provided for in the promise, the reward corresponds to the one who first communicated it to the promisor in
reliable way.
If the notification is simultaneous, the promisor must distribute the reward equally; if the benefit is indivisible, it must be awarded by lottery.
If several people contribute to the same result, what the taxpayers have agreed and made known to the promisor through reliable means applies.
In the absence of notification of a unanimous agreement, the promisor delivers the promise in equal parts to all and, if it is indivisible, attributes it by lottery; without prejudice to the actions between taxpayers, which in all cases are settled by friendly composers.
SECTION 3
Public contest
ARTICLE 1807.- Public tender. The promise of reward to the winner of a contest requires for its validity that the respective announcement contains the deadline for submitting the interested parties and for carrying out the planned work.
The opinion of the jury designated in the announcements binds the interested parties. In the absence of designation, it is understood that the award is reserved to the promisor.
The promisor cannot demand the transfer of the pecuniary rights over the winning work if such transmission was not provided for in the contest rules.
ARTICLE 1808.- Recipients. The promise referred to in article 1807 can be made with respect to any person or persons determined by certain qualities that must be clearly announced. Calls that make arbitrary differences cannot be made by
race, sex, religion, ideology, nationality, political or union opinion, economic or social position, or based on other illegal discrimination.
ARTICLE 1809.- Decision of the jury. The jury's opinion binds the interested parties. If the jury decides that all or several of the contestants have the same merit, the prize is distributed equally among those designated. If the prize is indivisible, it is awarded by lottery. The
The jury may declare any of the prizes called for the contest void.
SECTION 4
Unilateral guarantees
ARTICLE 1810.- Unilateral guarantees. They constitute a unilateral declaration of will and are governed by the provisions of this Chapter, the so-called "guarantees of compliance on first demand", "on first request" and those in which in any other way
establishes that the issuer guarantees the fulfillment of the obligations of another and is obliged to pay them, or to pay a sum of money or another specific benefit, regardless of the exceptions or defenses that the payer may have, even if it maintains the right of repetition
against the beneficiary, the payer or both.
The payment empowers the promotion of the corresponding recursive actions.
In the event of manifest fraud or abuse of the beneficiary arising from instrumental evidence or another easily and quickly examined, the guarantor or the payer may require the judge to set an adequate bond that the beneficiary must satisfy before collection.
ARTICLE 1811.- Subjects. They can issue these kinds of guarantees:
a) public persons;
b) private legal entities in which their partners, founders or members are not unlimitedly liable;
c) In any case, financial entities and insurance companies, and importers and exporters for foreign trade operations, whether or not they are a direct party to them.
ARTICLE 1812.- Form. The guarantees provided for in this Section must be recorded in a public or private instrument.
If they are granted by financial entities or insurance companies, they can also be assumed in any kind of particular instrument.
ARTICLE 1813.- Assignment of guarantee. The rights of the beneficiary arising from the guarantee cannot be transferred separately from the contract or relationship with which the guarantee is functionally linked, before the breach or the term that enables the claim.
against the issuer, unless otherwise agreed.
Once the event has occurred or the term that enables that claim has expired, the rights of the beneficiary may be assigned regardless of any other relationship. Notwithstanding this, the assignee is bound to the possible repetition actions that may correspond
against the beneficiary under the guarantee.
ARTICLE 1814.- Irrevocability. The unilateral guarantee is irrevocable unless it is provided in the act of its creation that it is revocable.
CHAPTER 6
Securities
SECTION 1
General disposition
ARTICLE 1815.- Concept. Securities incorporate an unconditional and irrevocable obligation to provide a benefit and grant each holder an autonomous right, subject to the provisions of article 1816.
When in this Code mention is made of recordable goods or movable things, securities are not understood.
ARTICLE 1816.- Autonomy. The bearer of a security in good faith who acquires it in accordance with its circulation law, has an autonomous right, and personal defenses that may exist against previous bearers are unenforceable.
For the purposes of this article, the bearer is in bad faith if when acquiring the title he knowingly proceeds to the detriment of the defendant debtor.
ARTICLE 1817.- Release payment. The debtor who pays the bearer of the security in accordance with his circulation law is released, except that at the time of payment, he has evidence that shows the bad faith of the person who requires it. However, if the debtor does not receive the title
value, the provisions of article 1819 apply.
ARTICLE 1818.- Accessories. The transfer of a security includes the accessories that are inherent to the provision incorporated therein.
ARTICLE 1819.- Ownership. Whoever acquires a security for consideration, without serious fault and in accordance with its circulation law, is not obliged to dispose of the security and, where appropriate, is not subject to claim or the repetition of the amount collected.
ARTICLE 1820.- Freedom of creation. Anyone can create and issue securities in the types and conditions of their choice. This faculty includes the denomination of the type or class of title, its form of circulation in accordance with general laws, its guarantees, redemptions,
terms, its quality of convertible or not in another class of title, rights of the third holders and other regulations that make to the configuration of the rights of the interested parties, which must be clearly expressed and not be confused with the type, denomination Y
conditions of the securities specially provided for in current legislation.
Abstract securities not regulated by law can only be issued when they are destined for public offerings, with compliance with the provisions of the specific legislation; and also when the issuers are financial entities, insurance or financial trustees registered with the
regulatory body of the securities markets.
ARTICLE 1821.- Opposable defenses. The debtor can only oppose the bearer of the security the following defenses:
a) The personal data that it has with respect to him, except in the case of transmissions in proxy, or fiduciaries with a similar purpose;
b) those that derive from the literal wording of the title or, where appropriate, from the wording of the document registered in accordance with article 1850;
c) those that are based on the falsity of their signature or on a lack of capacity or representation at the time their obligation is constituted, except that the highway of the signature or the mandatory declaration is consented or assumed as their own or that the representative's performance
be ratified;
d) those derived from the lack of legitimacy of the bearer;
e) alteration of the text of the title or, where appropriate, of the text registered according to article 1850;
f) those of prescription or expiration;
g) those that are based on the cancellation of the security or on the suspension of its payment ordered in accordance with the provisions of this Chapter;
h) those of a procedural nature established by the respective laws.
ARTICLE 1822.- Precautionary measures. The precautionary measures, kidnapping, liens and any other affectation of the right conferred by the security, have no effect if they are not carried out:
a) in bearer securities, to order or endorsable registered, on the same document;
b) in non-endorsable registered titles, and in non-certified titles, by their registration in the respective registry;
c) When a security has been entered into a securities box or an authorized clearing house or clearing system, the measure must be notified to the relevant entity, which must register it in accordance with its regulations.
ARTICLE 1823.- False signatures and other assumptions. Although for any reason the security contains false signatures, or of non-existent persons or that are not bound by the signature, the obligations of the other subscribers are valid, and the provisions of article 1819 apply.
ARTICLE 1824.- Breach of marital consent. Failure to comply with the requirement set forth in article 470, subsection b) in non-endorsable or non-certified registered titles, is not enforceable against third parties in good faith. For the purpose provided by this article,
considers in good faith the acquirer of a security incorporated into the public offering regime.
ARTICLE 1825.- Non-existent or insufficient representation. Whoever invokes a non-existent representation or acts without sufficient powers, is personally liable as if he were acting on his own behalf. The same responsibility has the person who falsifies the signature incorporated in a security.
ARTICLE 1826.- Responsibility. Except for legal provision or express clause in the security or in one of its acts of transmission or guarantee, the creators of the security are jointly and severally obliged to pay, but not the other parties.
The obligations resulting from a security can be guaranteed by all the guarantees that are compatible. The guarantees granted in the text of the document or that arise from the inscription of article 1850, are invocable by all the holders and, if there is no express provision
on the contrary, they are considered joint and several with those of the other obligated parties.
ARTICLE 1827.- Novation. Except novation, the creation or transmission of a security does not harm the actions derived from the causal or underlying business. The bearer can only exercise the causal action against the required debtor if the security is not damaged, and offers his
restitution if the security is certified.
If the bearer has lost the emerging shares of the security and has no causal action, the provisions on enrichment without cause apply.
ARTICLE 1828.- Representative titles of merchandise. The representative titles of merchandise attribute to the legitimate bearer the right to deliver the thing, its possession and the power to dispose of it through the transfer of the title.
ARTICLE 1829.- Quotas of common investment funds. The shares of mutual funds are securities.
SECTION 2
Values ​certificates
ARTICLE 1830.- Necessity. The certified securities are necessary for the creation, transmission, modification and exercise of the incorporated right.
ARTICLE 1831.- Literality. The literal wording of the document determines the scope and modalities of the rights and obligations set forth in it, or on its extension sheet.
ARTICLE 1832.- Alterations. In the event of alteration of the text of a security certificate, subsequent signatories are bound by the terms of the altered text; previous signatories are bound by the terms of the original text.
If it does not result from the security or it is not shown that the signature was placed after the alteration, it is presumed that it has been placed before.
ARTICLE 1833.- Requirements. Minimum content. When by law or by provision of the creator, the security must include a particular content of an essential nature, it does not produce effect when it does not contain those enunciations.
The security in which the aforementioned mentions are omitted at the time of its creation, can be completed until the date on which the provision must be fulfilled, unless otherwise provided.
ARTICLE 1834.- Subsidiary application. The rules of this Section:
a) They are applied as a subsidy to the special ones that apply to certain securities;
b) They do not apply when special laws so provide, even insofar as they refer to the obligation of some form of creation or circulation of securities or classes of them.
ARTICLE 1835.- Improper titles and legitimation documents. The provisions of this Chapter do not apply to documents, tickets, passwords, tokens or other receipts that serve exclusively to identify who has the right to demand the provision that in them
it is expressed or that they give rise, or to allow the transfer of the right without observing the proper forms of the assignment.
ARTICLE 1836.- Dematerialization and entry into account entry systems. Securities legally classified as certified can also be issued as non-certified, for entry and circulation in a securities box or an authorized clearing system.
bank or book entries.
Securities effectively issued as certificates can be entered into any of these systems, in accordance with their regulations, at which point the transfers, real or personal encumbrances and payment take effect or are fulfilled by book entries.
relevant.
Paragraph 1
Bearer securities
ARTICLE 1837.- Concept. It is bearer security, although it does not have an express clause in this sense, one that has not been issued in favor of a specific subject, or otherwise indicated a different circulation law.
The transfer of a security to the bearer occurs in the tradition of the security.
Paragraph 2
Securities to order
ARTICLE 1838.- Typification. The security to the order is created in favor of a specific person. Without the need for a special indication, the security to the order is transferred by endorsement.
If the creator of the security incorporates the clause "not to order" or equivalent, the transfer of the security must be made in accordance with the rules of the transfer of rights, and has the effects of the transfer.
SECTION 1839.- Endorsement. The endorsement must appear on the title or on an extension sheet duly attached and identified and signed by the endorser. The endorsement is valid even without mention of the endorsee, or with the indication “to the bearer”.
The bearer endorsement has the effects of the blank endorsement. The endorsement can be made to the creator of the security or to any other obligee, who can endorse the security again.
ARTICLE 1840.- Condition and partial endorsement. Any condition placed on the endorsement is deemed unwritten. The partial endorsement is void.
ARTICLE 1841.- Time of the endorsement. The endorsement can be made at any time before expiration. The undated endorsement is presumed made before maturity.
The endorsement after expiration produces the effects of a transfer of rights.

ARTICLE 1842.- Legitimation. The bearer of a title to the order is legitimized to exercise the right incorporated in it, by an uninterrupted series of formally valid endorsements, even when the last one is blank.
ARTICLE 1843.- Blank endorsement. If the title is endorsed blank, the bearer can fill out the endorsement with his or her name or that of another person, or re-endorse the title, or transmit it to a third party without filling out the endorsement or without issuing a new one.
ARTICLE 1844.- Endorsement in solicitation. If the endorsement contains the clause "in proxy" or a similar one, the endorsee can exercise, even judicially, all the rights inherent to the security, but can only endorse it in proxy.
The obliged parties can only oppose the endorsee in solicitation of the exceptions that can be opposed to the endorser.
The effectiveness of the proxy endorsement does not cease due to the death or disability of the endorser.
Page 11
ARTICLE 1845.- Endorsement in guarantee. If the endorsement contains the clause "pledge value" or another similar, the endorsee can exercise, even judicially, all the rights inherent to the security, but the endorsement made by him is valid as an endorsement in proxy.
The defendant debtor may not invoke against the bearer the exceptions based on his relations with the endorser, unless the bearer upon receiving the title has knowingly done so to the detriment of the former.
ARTICLE 1846.- Responsibility. Except for express clause, the endorser is responsible for the fulfillment of the incorporated obligation.
In any case, the endorser may totally or partially exclude his liability by express clause.
Paragraph 3
Endorsable registered securities
ARTICLE 1847.- Regime. An endorsable registered title is the one issued in favor of a specific person, which is transferable by endorsement and whose transmission produces effects with respect to the issuer and third parties when registering in the respective registry.
The endorsee who justifies his right by an uninterrupted series of endorsements is entitled to request the registration of his title.
If the issuer of the title refuses to register the transmission, the endorsee can claim the corresponding court order.
ARTICLE 1848.- Applicable rules. The compatible provisions of the securities to the order are applicable to endorsable registered titles.
Paragraph 4
Non-endorsable registered securities
ARTICLE 1849.- Regime. A registered non-endorsable security is the one issued in favor of a specific person, and whose transmission produces effects with respect to the issuer and third parties when it is registered in the respective registry.
SECTION 3
Non-certified securities
ARTICLE 1850.- Regime. When by legal provision or when in the creation instrument an express declaration of will to be bound unconditionally and irrevocably is inserted, even if the provision is not incorporated into a document, the
Autonomous circulation of the law, subject to the provisions of Article 1820.
The transfer or constitution of real rights over the security, the liens, kidnappings, precautionary measures and any other affectation of the rights conferred by the security must be made through entries in special registers that the issuer must keep or, in
name of this, a securities box, an authorized financial institution or a registry clerk, from which time the affectation produces effects against third parties.
In order to determine the scope of the emerging rights of the security thus created, the instrument of creation must be present, which must have a certain date. If the security is admitted to the public offering, its registration with the controlling authority and in the stock exchanges or
markets in which it is traded.
The provisions of articles 1816 and 1819 apply with respect to the third party that acquires the security.
ARTICLE 1851.- Receipts of balances. The entity that keeps the record must issue proof of account balances, for the purposes of:
a) legitimize the holder to claim judicially, including through executive action if applicable, or before arbitration jurisdiction where appropriate, submit requests for credit verification or participate in universal processes for which such proof is sufficient title, without
need for authentication or other requirement. Its issuance imports the blocking of the respective account, only to register acts of disposition by its holder, for a period of thirty days, except that the holder returns the voucher or within said period an order of
extension of the blockade of the judge or arbitral tribunal before which the voucher was asserted. The vouchers must mention these circumstances;
b) attend assemblies or other events related to the securities regime. The issuance of vouchers of the account balance for attendance at assemblies or the exercise of voting rights imports the blocking of the respective account until the day after the one set for the
holding the corresponding assembly. If the assembly goes to the interim room or meets on another occasion, the issuance of new vouchers is required but these can only be issued in the name of the same people who were legitimized by issuing
of the original vouchers;
c) the purposes that the owner deems necessary at his request.
In the cases of subsections a) and b) a voucher cannot be issued while another issued for the same purpose is in force.
Vouchers of the securities represented in global certificates can be issued in favor of the people who have a stake in them, for the purposes and with the scope indicated in subsection a). The account blocking only affects the securities to which
refers the voucher. The vouchers are issued by the entity in the country or abroad that administers the collective deposit system in which the global certificates are registered. When entities administering collective deposit systems have
participations in global certificates registered in collective deposit systems managed by another entity, the vouchers can be issued directly by the former.
In all cases, the expenses are borne by the applicant.
SECTION 4
Deterioration, theft, loss and destruction of securities or their records
Paragraph 1
Common standards for securities
ARTICLE 1852.- Scope of application. Jurisdiction. The provisions of this Section apply in the event of theft, loss or destruction of securities incorporated in representative documents, as long as there are no special rules for specific types of them. The
The procedure is carried out in the jurisdiction of the creator's domicile, in serial securities; or in the place of payment, in the individual securities. The expenses are the responsibility of the applicant.
The cancellation of the security does not harm the rights of the person who does not oppose the person who obtains the cancellation.
In the cases in which the sentence ordering the cancellation remains final, the judge may demand that the applicant provide security to safeguard the rights of the acquirer of the canceled security, for a period not exceeding two years.
ARTICLE 1853.- Substitution due to deterioration. The bearer of an impaired but identifiable security has the right to obtain a duplicate from the issuer if he restores the original and reimburses the expenses. The signers of the original security are obliged to reproduce their
signature on duplicate.
ARTICLE 1854.- Obligations of third parties. If the securities instrumented obligations of other people, in addition to those of the issuer, they must reproduce them in the new securities. Likewise, a notarial attestation of correlation must be made.
When third parties oppose instrumentally reproducing their obligations, the judge must resolve by the shortest contradictory procedure provided by local law, without prejudice to the granting of provisional or definitive securities, when appropriate.
Paragraph 2
Rules applicable to serial securities
ARTICLE 1855.- Denunciation. In the cases provided for in article 1852, the legitimate holder or bearer must denounce the fact to the issuer by means of a public deed or, in the case of publicly offered titles, by a note with a signature certified by a notary or presented in person.
before the public control authority, an entity in which the securities are traded or the Central Bank of the Argentine Republic, if it is the issuer. It must accompany a sufficient sum, at the discretion of the issuer, to satisfy the expenses of publication and correspondence.
The complaint must contain:
a) the individualization of the securities, indicating, where appropriate, denomination, nominal value, series and numbering;
b) the manner in which the title, possession or possession of the titles were acquired and the time and, if possible, the date of the respective acts;
c) date, form and place of receipt of the last dividend, interest, amortization fee or the exercise of the rights arising from the title;
d) statement of the circumstances that caused the loss, theft or destruction. If the destruction is partial, you must exhibit the remains of the securities in your possession;
e) constitution of a special domicile in the jurisdiction where the issuer has its headquarters or, where appropriate, in the place of payment.
ARTICLE 1856.- Suspension of effects. The issuer must immediately suspend the effects of the securities with respect to third parties, under the responsibility of the petitioner, and provide the complainant with proof of its presentation and of the suspension provided.
The same suspension must be provided, in the case of publicly offered securities, by the entity to whom the complaint is filed.
ARTICLE 1857.- Publication. The issuer must publish in the Official Gazette and in one of the newspapers with the highest circulation in the Republic, for one day, a notice that must contain the name, identity document and special address of the complainant, as well as the necessary data to
the identification of the securities included, and include the species, numbering, nominal value and current coupon of the securities, if applicable and the summons to those who are created with the right to them to deduce opposition, within sixty days. Posts must be
completed by the issuer within the business day following the filing of the complaint.
ARTICLE 1858.- Publicly listed securities. When the securities are publicly listed, in addition to the publications mentioned in article 1857, the issuer or the entity that receives the complaint, is obliged to communicate it to the entity in which they are listed closest to its
address and, where appropriate, to the issuer on the same day of receipt. The entity must make the complaint known, within the same period, to the regulatory body of the securities markets, to the securities banks, and to the other entities expressly authorized by the special law or the authority of
application in which the securities are listed.
The entities expressly authorized by the special law or the enforcement authority in which the securities are traded, must publish a notice in their informative body or make it known by other appropriate means, within the same day of receipt of the complaint or communication.
relevant.
The entities expressly authorized by the special law or the enforcement authority must keep a register for the consultation of the interested parties, with the list of securities that have been the subject of a complaint.
ARTICLE 1859.- Interested parties. The complainant must indicate, where appropriate, the name and address of the person who owns or is in possession of the security, as well as, where appropriate, that of the usufructuaries and that of the pledge creditors of the former. The issuer must cite
through reliable means to the persons indicated by the complainant or those who appear with such qualities in the respective registry, in the reported or registered addresses, for the purposes of article 1857. The absence of a complaint or summons does not invalidate the procedure, without prejudice to the
consequent responsibilities.
ARTICLE 1860.- Observations. The issuer must express to the complainant within ten days the observations it has on the content of the complaint or its credibility.
ARTICLE 1861.- Provisional certificate. Sixty days after the last publication indicated in article 1857, the issuer must issue a non-negotiable provisional certificate, except in the case of any of the following circumstances:
a) that, in its opinion, the observations indicated have not been corrected;
b) that one or more opponents have been presented within the term;
c) that there is a court order to the contrary;
d) that the provisions of Articles 1866 and 1867 have been applied.
ARTICLE 1862.- Denial. Actions. Once the issuance of the provisional certificate is denied, the issuer must make it known by reliable means to the complainant. This has expedited the action before the judge of the issuer's domicile so that the certificate can be issued or by claim
or, in the case of subsection d) of Article 1861, for the corresponding damages.
ARTICLE 1863.- Deposit or delivery of benefits. The monetary benefits corresponding to the provisional certificate must be deposited by the issuer, upon maturity, in the official bank of his domicile. The complainant can indicate, at each opportunity, the modality
investment of your convenience, among those offered by the official bank. Failing that, the issuer determines it among the currents in place, without liability.
At the request of the complainant and after the provision of sufficient guarantee, in the opinion of the issuer, the latter may deliver the monetary receivables upon maturity, or later by disabling them from the deposit, with the agreement of the petitioner. The guarantee is maintained, under the responsibility of the
issuer, during the period provided for in article 1865, except by court order to the contrary.
If there is no agreement on the sufficiency of the guarantee, the judge with jurisdiction at the issuer's domicile decides, by the shortest procedure provided for by local legislation.
ARTICLE 1864.- Exercise of non-monetary content rights. If the security title grants non-monetary content rights, without prejudice to compliance with the other established procedures, the judge may authorize, under the security it deems appropriate, the exercise of those
rights and receipt of relevant benefits.
Regarding cash benefits, the common rules of this Section apply.
ARTICLE 1865.- Definitive securities. After one year from the delivery of the provisional certificate, the issuer must exchange it for a new definitive title, for all legal purposes, after cancellation of the original, unless there is a court order to the contrary. The right to
requesting conversion of the canceled securities is suspended while the provisional certificate is in force.
ARTICLE 1866.- Presentation of the bearer. If, within the term established in article 1865, a third party appears with the security in their possession, acquired in accordance with its circulation law, the issuer must immediately inform the complainant in a reliable way. The
The effects provided for in article 1865, as well as those of article 1863, second and third paragraphs, are suspended from the presentation until the competent judge pronounces. The complainant must initiate legal action within two months of notification by the issuer;
otherwise, your right with respect to the security expires.
ARTICLE 1867.- Acquirer in the stock market or box of values. The third bearer who has acquired the security without serious fault, who opposes within the term of article 1865 and certifies that, prior to the first publication of article 1857 or the publication by the body
informative or other appropriate means in the entity expressly authorized by the special law or the enforcement authority in which the securities are listed, whichever occurs first, acquired the security in an entity thus authorized, even when it has been delivered with
After the publications or communications, you can claim directly from the issuer:
a) the lifting of the suspension of the effects of the securities;
b) the cancellation of the provisional certificate that has been delivered to the complainant;
c) the delivery of the receivables that have been deposited in accordance with article 1863.
The acquisition or possession in the indicated cases prevents the exercise of the claim by the complainant, and leaves the action for damages against those who, due to their intent or fault, have made possible or contributed to the loss of their right.
ARTICLE 1868.- Rejection of opposition. Any opposition filed against a securities box with respect to the security received in good faith, whose collective deposit has been perfected before said box receives the communication of the
complaint provided for in article 1855, and at the latest or in the absence of such communication, until the publication of the notice established in article 1857. This, without prejudice to the rights of the opponent on the share of securities of the same kind, class and issuer that corresponds to
responsible principal.
Any opposition filed against an authorized depositor, with respect to the security received in good faith to be deposited in collective deposit in a securities box before the publications provided for in articles 1855, 1857 and 1858, must also be dismissed without further formality.
prejudice to the rights of the opponent mentioned in the previous paragraph.
In the event of total or partial destruction of a deposited security, the securities box is obliged to comply with the provisions of this Section.
ARTICLE 1869.- Non-endorsable registered securities. If it is a non-endorsable nominative security, given the conditions set forth in article 1861, the issuer must directly issue a new definitive security in the name of the registered holder and leave
proof of existing taxes. In this case, the application of Articles 1864 and 1865 does not apply.
ARTICLE 1870.- Separable coupons. The procedure includes separable coupons linked to the security, as long as their period of use has not begun when the first publication is made. Separable coupons during the period of use must be submitted to the
corresponding procedure according to your circulation law.
Paragraph 3
Rules applicable to individual securities
ARTICLE 1871.- Denunciation. The last bearer must judicially denounce the fact, and request the cancellation of the securities.
The claim must contain:
a) the precise identification of the securities whose dispossession is denounced;
b) the circumstances in which the security was acquired by the complainant, specifying the date or time of its acquisition;
c) the indication of the benefits received by the complainant, and those pending receipt, accrued or not;
d) the circumstances that caused the loss, theft or destruction. In all cases, the applicant can carry out conservative acts of his rights.
ARTICLE 1872.- Notification. Once the presentation referred to in article 1871 has been made, and if the data provided are credible in principle, the judge must order the notification of the theft, loss or destruction to the creator of the security and to the other signatories obliged to the
payment, arranging its cancellation and authorizing the payment of the benefits due after thirty days after the publication provided for in the following article has been completed, if no opposition is deducted.
ARTICLE 1873.- Publication. Previous payment. The judicial resolution provided for in article 1872 must also order the publication of an edict for one day in the Official Gazette and in one of the most widely circulated newspapers in the place of the procedure, which must contain:
a) the data of the complainant and the identification of the security whose dispossession was denounced;
b) the summons for the interested parties to deduce opposition to the procedure, which must be formulated within thirty days of publication.
Payment made before publication is liberatory if it is made without fraud or fault.
ARTICLE 1874.- Duplicate. Compliance. After thirty days without opposition being formulated, the applicant has the right to obtain a duplicate of the security, if the provision is not required; or to claim compliance with the required provision, with the testimony of the
final judgment of cancellation.
The applicant has the same right when the opposition is rejected.
ARTICLE 1875.- Opposition. The opposition is processed by the shortest procedure provided for in local law.
The opponent must deposit the security before the intervening judge when deducting the opposition, which must be restored if it is admitted. If it is rejected, the security must be delivered to whoever obtained the cancellation judgment.
Paragraph 4
Theft, loss or destruction of the log books
ARTICLE 1876.- Denunciation. In the case of registered securities or non-certified securities, including those entered into account entry systems according to article 1836, the theft, loss or destruction of the respective registry book, even when they are kept by
computers, mechanical or magnetic means or others, must be reported by the issuer or by whoever carries it on their behalf, within twenty-four hours after the fact is known.
The complaint must be made before the judge of the issuer's domicile, indicating the elements necessary to judge it and contain the data that the complainant can provide on the records included in the book.
Copies of the complaint must be submitted in the same term to the corporate control body, the control body of the securities markets and the entities expressly authorized by the special law or the respective enforcement authority and securities banks, if applicable.
ARTICLE 1877.- Publications. Once the complaint is received, the judge orders the publication of edicts for five days in the Official Gazette and in one of the newspapers with the highest circulation in the Republic to summon those who claim rights over the respective securities, so that
present within thirty days to the designated accountant, to allege and prove what they deem pertinent, under warning of resolving with the evidence added to the proceedings. The edicts must contain the elements necessary to identify the
issuer, the securities to which the registry refers and the other circumstances that the judge deems appropriate, as well as the dates to exercise the rights referred to in article 1878.
If the issuer has establishments in different judicial jurisdictions, the edicts must be published in each of them.
If the issuer has been authorized to publicly offer the securities to which the registry refers, the complaint must be made known immediately to the controlling body of the securities markets and to the entities expressly authorized by the special law or the authority from
application in which they are negotiated, and edicts must be published in the respective bulletins. If the securities have been publicly placed or traded abroad, the judge must order the publications or communications that he deems appropriate.
ARTICLE 1878.- Procedure. Presentations are made before the accountant appointed by the judge. The procedure of the verification of credits in the contests is applied, even regarding the effects of the resolutions, the appeals and the late presentations.
The ordinary costs of the procedure are supported jointly and severally by the issuer and by the person who kept the book, without prejudice to the repetition between them.
ARTICLE 1879.- New book. The judge must order the preparation of a new registry book, in which the registrations that are ordered by final judgment are entered.
ARTICLE 1880.- Exercise of rights. The judge may grant the applicants the precautionary exercise of the rights arising from the securities before the preparation of the new book, if applicable, before the sentence ordering the registration is issued or is final.
with respect to a certain security, in accordance with the plausibility of the right invoked and, if deemed necessary, under the surety that it determines. In all cases, the issuer must deposit to the order of the judge the benefits of patrimonial content that are demandable.
ARTICLE 1881.- Special measures. The complaint of theft, loss or destruction of the registry book authorizes the judge, at the request of the interested party and according to the circumstances of the case, to order a precautionary intervention or an oversight with respect to the issuer and who
he kept the book, with the extension he deems pertinent for the adequate protection of those who are holders of rights over the registered securities. It can also order the suspension of the holding of assemblies, when exceptional circumstances make it advisable.
BOOK FOUR
REAL RIGHTS
TITLE I
General disposition
CHAPTER 1
Common principles
ARTICLE 1882.- Concept. The real right is the legal power, of legal structure, which is exercised directly over its object, autonomously and which attributes to its owner the powers of prosecution and preference, and the others provided for in this Code.
ARTICLE 1883.- Purpose. The real right is exercised over the whole or a material part of the thing that constitutes its object, by the whole or by an undivided part.
The object can also consist of a property specifically designated by law.
ARTICLE 1884.- Structure. The regulation of real rights in terms of their elements, content, acquisition, constitution, modification, transmission, duration and termination is established only by law. The configuration of a real right not provided for in the law is null, or the
modification of its structure.
ARTICLE 1885.- Validation. If whoever constitutes or transmits a real right that he does not have, acquires it later, the constitution or transmission is validated.
ARTICLE 1886.- Persecution and preference. The real right attributes to its owner the power to pursue the thing in the possession of whoever is, and to assert his preference with respect to another real or personal right that has subsequently obtained enforceability.
ARTICLE 1887.- Enumeration. Real rights in this Code are:
a) the domain;
b) the condominium;
c) horizontal property;
d) real estate complexes;
e) timeshare;
f) the private cemetery;
g) surface;
h) usufruct;
i) use;
j) the room;
k) easement;
l) the mortgage;
m) antichresis;
n) the garment.
ARTICLE 1888.- Real rights over property or property of others. Actual charge or lien. They are real rights over property totally or partially owned: the domain, the condominium, the horizontal property, the real estate complexes, the timeshare, the private cemetery and the surface
if there is surface property. The remaining real rights fall on someone else's property.
In relation to the owner of the thing, the real rights over another's property constitute real charges or encumbrances. Things are presumed without encumbrance, except for proof to the contrary. Any doubt about the existence of a real tax, its extension or the mode of exercise, is interpreted as
favor of the owner of the encumbered asset.
ARTICLE 1889.- Main real rights and accessories. The real rights are main, except the accessories of a credit according to guarantee. The mortgage, the antichresis and the pledge are accessories.
ARTICLE 1890.- Real rights over registrable and non-registrable things. The real rights fall on recordable things when the law requires the registration of the titles in the respective registry for the corresponding purposes. They fall on unrecordable things, when
documents bearing rights over their object do not access a register for the purposes of their registration.
ARTICLE 1891.- Exercise by possession or by acts of possession. All the real rights regulated in this Code are exercised by possession, except the easements and the mortgage.
Positive easements are exercised by specific and determined possessory acts without the owner holding possession.
EPISODE 2
Acquisition, transmission, termination and enforceability
ARTICLE 1892.- Title and sufficient modes. The acquisition derived by acts between living of a real right requires the concurrence of sufficient title and manner.
Sufficient title is understood to be the legal act covered by the forms established by law, whose purpose is to transmit or constitute real law.
The possessory tradition is a sufficient way to transmit or constitute real rights that are exercised by possession. It is not necessary, when the thing is held in the name of the owner, and the latter by a legal act passes the domain of it to the person who owned it in his name, or when the owner
owned in the name of the owner, begins to own it in the name of another. Nor is it necessary when the holder transfers it to another, reserving the possession and becoming the holder on behalf of the acquirer.
Registration is a sufficient way to transmit or constitute real rights over recordable things in the legally foreseen cases; and on non-registrable things, when the type of law so requires.
The first use is a sufficient way of acquiring the positive easement.
For the title and the mode to be sufficient to acquire a real right, its grantors must be capable and legitimized to do so.
The provisions of Book Five apply to the acquisition due to death.
ARTICLE 1893.- Unavailability. The acquisition or transfer of real rights constituted in accordance with the provisions of this Code are not enforceable against interested third parties and in good faith as long as they do not have sufficient publicity.
Registration or possession is considered sufficient publicity, as the case may be.
If the mode consists of a constitutive registration, the registration is a necessary and sufficient presupposition for the enforceability of the real right.
The lack of publicity cannot be used by those who participated in the acts, nor by those who knew or should have known about the existence of the title to the real right.
ARTICLE 1894.- Legal acquisition. They are acquired by mere effect of the law, the condominiums with enduring forced indivision of accessories essential to the common use of several buildings and of walls, fences and moats when the enclosure is forced, and the one that originates in the accession
of inseparable movable things; the habitation of the spouse and surviving partner, and the rights of the purchasers and sub-purchasers in good faith.
ARTICLE 1895.- Legal acquisition of real rights over furniture by sub-purchaser. The good faith possession of the sub-acquirer of non-registrable personal property that is not stolen or lost is sufficient to acquire the main real rights except that the true
owner prove that the acquisition was free.
Regarding registrable movable things, there is no good faith without registration in favor of the person invoking it.
There is also no good faith even if there is registration in favor of the person invoking it, if the respective special regime foresees the existence of identifying elements of the thing that can be registered and these are not the same.
ARTICLE 1896.- Prohibition of judicial constitution. The judge cannot constitute a real right or impose its constitution, except by legal provision to the contrary.
ARTICLE 1897.- Acquisitive prescription. The prescription to acquire is the way by which the owner of a thing acquires a real right over it, through possession during the time established by law.
ARTICLE 1898.- Brief acquisitive prescription. The acquisitive prescription of real rights with fair title and good faith occurs on real estate by possession for ten years. If the thing is stolen or lost furniture, the term is two years.
If the thing is registrable, the term of useful possession is computed from the registration of the right title.
ARTICLE 1899.- Long acquisitive prescription. If there is no just title or good faith, the term is twenty years.
The lack or nullity of the title or its registration, or the bad faith of its possession, cannot be invoked against the acquirer.
The real right also acquires the person who owns a recordable movable thing for ten years, not stolen or lost, which does not register in his name but receives it from the registry owner or his successive assignee, provided that the identifying elements that are provided in the respective
special regime are coincident.
ARTICLE 1900.- Enforceable possession. Possession to prescribe must be conspicuous and continuous.
ARTICLE 1901.- Union of possessions. The heir continues the possession of the deceased.
The particular successor may unite his possession to that of his predecessors, provided that it derives immediately from the others. In the short statute of limitations, the joint possessions must be in good faith and be linked by a legal bond.
ARTICLE 1902.- Fair title and good faith. The just title for the acquisitive prescription is the one whose purpose is to transmit a main real right that is exercised by possession, covered in the forms required for its validity, when its grantor is not capable or is not legitimized
to the effect.
The good faith required in the possessory relationship consists of not having known or been able to know the lack of right to it.
When it comes to registrable things, good faith requires prior examination of the documentation and registration records, as well as compliance with the relevant verification acts established in the respective special regime.
ARTICLE 1903.- Beginning of possession. It is presumed, unless proven otherwise, that possession begins on the date of the right title, or its registration if it is constitutive.
The declaratory sentence of short limitation has retroactive effect to the time in which the possession begins, without prejudice to the rights of third parties interested in good faith.
ARTICLE 1904.- Applicable standards. The regulations of Title I of Book Six of this Code are applied to this Chapter, as pertinent.
ARTICLE 1905.- Sentence of acquisitive prescription. The judgment issued in acquisitive prescription lawsuits, in a process that must be contentious, must set the date on which, once the limitation period has elapsed, the acquisition of the respective real right occurs.
The declaratory sentence of long limitation does not have retroactive effect to the time in which the possession begins.
The resolution that confers transfer of the claim or the exception of acquisitive prescription must order, ex officio, the annotation of the litis in relation to the object, in order to make the claim known.
ARTICLE 1906.- Transmissibility. All real rights are transferable, except legal provision to the contrary.
ARTICLE 1907.- Extinction. Without prejudice to the means of extinction of all economic rights and special rights in rem, these are extinguished, by the total destruction of the thing if the law does not authorize its reconstruction, by its abandonment and by the consolidation in
real rights over someone else's property.
TITLE II
Possession and possession
CHAPTER 1
General disposition
ARTICLE 1908.- Enumeration. The power relations of the subject with a thing are possession and possession.
ARTICLE 1909.- Possession. There is possession when a person, by himself or through another, exercises a de facto power over something, behaving as the holder of a real right, whether or not he is.
ARTICLE 1910.- Tenure. There is possession when a person, by himself or through another, exercises a de facto power over something, and behaves as a representative of the possessor.
ARTICLE 1911.- Presumption of possessor or server of possession. Unless there is evidence to the contrary, it is presumed that the possessor is the person who exercises de facto power over a thing. Who uses a thing by virtue of a dependency relationship, service, hosting or
hospitality, is called, in this Code, servant of the possession.
ARTICLE 1912.- Object and plural subject. The object of possession and possession is the determined thing. It is exercised by one or more people on the whole or a material part of the thing.
ARTICLE 1913.- Concurrence. Several power relations of the same kind that exclude each other cannot concur on one thing.
ARTICLE 1914.- Presumption of date and extension. If half a title is presumed that the relationship of power begins from the date of the title and has the extension indicated therein.
ARTICLE 1915.- Interversion. No one can change the species of their power relationship, by their own will, or by the passage of time alone. Possession is lost when the one who has the thing in the name of the possessor manifests by external acts the intention to deprive the
possessor of disposing of the thing, and his acts produce that effect.
ARTICLE 1916.- Presumption of legitimacy. Power relations are presumed legitimate, unless there is evidence to the contrary. They are illegitimate when the exercise of a real or personal right constituted in accordance with the provisions of the law does not matter.
ARTICLE 1917.- Unnecessary title. The subject of the relationship of power over a thing has no obligation to produce its title to possession or possession, except in the case that it must exhibit it as an obligation inherent to its relationship of power.
ARTICLE 1918.- Good faith. The subject of the power relationship is in good faith if it does not know, nor can it know that it lacks the right, that is, when by an essential and excusable error of fact, it is persuaded of its legitimacy.
ARTICLE 1919.- Presumption of good faith. The power relationship is presumed in good faith, unless there is evidence to the contrary.
Bad faith is presumed in the following cases:
a) when the title is manifestly invalid;
b) when it is acquired from a person who does not habitually make a tradition of that kind of things and lacks the means to acquire them;
c) when it falls on marked or marked cattle, if the design was registered by another person.
ARTICLE 1920.- Determination of good or bad faith. Good or bad faith is determined at the beginning of the power relationship, and remains unchanged until a new acquisition takes place.
Not being possible to determine the time in which the bad faith begins, you must be up to date with the summons to the trial.
ARTICLE 1921.- Vicious possession. Possession in bad faith is vicious when it is personal property acquired through theft, fraud, or breach of trust; and when it is of real estate, acquired by violence, clandestinity, or breach of trust. The vices of possession are relative to
of the one against whom they are exercised. In all cases, either by the same person who caused the vice or by his agents, or against the owner or his representatives.
EPISODE 2
Acquisition, exercise, conservation and extinction
ARTICLE 1922.- Acquisition of power. To acquire a relationship of power over a thing, it must be established voluntarily:
a) per capable subject, except minors, for whom it is sufficient that they are ten years old;
b) by means of a contact with the thing, the physical possibility of establishing it, or when it enters the scope of custody of the acquirer.
ARTICLE 1923.- Acquisition methods. Power relations are acquired by tradition. Tradition is not necessary, when the thing is held in the name of the owner, and the latter passes the possession to the person who had it in his name, or when the person who owned it in the name of the owner,
begins to possess it in the name of another, who acquires it from the moment the holder is notified of the identity of the new holder. Nor is it necessary when the holder transfers it to another, reserving the possession and becoming the representative of the new holder. The
Possession is also acquired by the seizure of the thing.
ARTICLE 1924.- Tradition. There is tradition when one party gives something to another who receives it. It must consist of the realization of material acts of, at least, one of the parties, which grant a power of fact over the thing, which are not replaced, in relation to third parties, by
the mere declaration of the one who gives it to give it to the one who receives it, or of the latter to receive it.
ARTICLE 1925.- Other forms of tradition. The tradition of movable things is also considered made, by the delivery of knowledge, consignment notes, invoices or other documents in accordance with the respective rules, without any opposition, and if they are sent on account and order
on the other, when the sender delivers them to the person who must transport them, if the purchaser approves the shipment.
ARTICLE 1926.- Empty power relationship. To acquire possession or possession by tradition, the thing must be free from any exclusive relationship, and there must be no opposition.
ARTICLE 1927.- Relationship of power over universality of fact. The relationship of power over a thing composed of many different and separate bodies, but united under the same name, such as a herd or a herd, encompasses only the individual parts that comprise the thing.
ARTICLE 1928.- Acts of possession. The following constitute possessory acts on the thing: its culture, perception of fruits, marking or printing of material signs, improvement, exclusion of third parties and, in general, its seizure by whatever way it is obtained.
ARTICLE 1929.- Conservation. The power relationship is preserved until its extinction, even if its exercise is impeded by some transitory cause.
ARTICLE 1930.- Presumption of continuity. It is presumed, unless there is proof to the contrary, that the current subject of possession or possession that proves to have exercised it previously, maintained it during the intervening time.
ARTICLE 1931.- Extinction. Possession and possession are extinguished when the de facto power over the thing is lost.
In particular, there is extinction when:
a) the thing is extinguished;
b) another deprives the subject of the thing;
c) the subject is in the enduring physical impossibility of exercising possession or possession;
d) the reasonable probability of finding the lost thing disappears;
e) the subject makes express and voluntary abandonment of the thing.
CHAPTER 3
Effects of power relations
ARTICLE 1932.- Rights inherent to possession. The holder and the holder have the right to exercise the real easements that correspond to the thing that constitutes its object. They also have the right to demand respect for the limits imposed in Chapter 4, Title III of this
Book.
ARTICLE 1933.- Duties inherent to possession. The holder and the holder have the duty to return the thing to whoever has the right to claim it, even if no obligation has been contracted to that effect.
They must respect the actual charges, the judicial measures inherent to the thing, and the limits imposed in Chapter 4, Title III of this Book.
ARTICLE 1934.- Fruits and improvements. In this Code it is understood by:
a) Perceived fruit: the one who is separated from the thing is the object of a new possessory relationship. If it is civil fruit, the accrued and collected is considered received;
b) pending fruit: the one not yet perceived. Pending civil fruit is accrued and not collected;
c) improvement of mere maintenance: the repair of minor damage caused by the ordinary use of the thing;
d) Necessary improvement: the repair whose performance is essential for the preservation of the thing;
e) useful improvement: the beneficial one for any subject of the possessory relationship;
f) sumptuary improvement: that of mere luxury or recreation or exclusive benefit for those who made it.
ARTICLE 1935.- Acquisition of fruits or products according to good or bad faith. The good faith of the holder must exist in each fact of perception of fruits; and the good or bad faith of the one who happens in possession of the thing is judged only in relation to the successor and not by good or bad faith
of its predecessor, be it the universal or particular succession.
The possessor in good faith endorses the fruits received and the natural accrued but not received. The person in bad faith must restore those received and those who, due to his fault, cease to receive. Whether in good faith or bad, you must return the products you have obtained from the thing.
The pending fruits correspond to who has the right to the restitution of the thing.
ARTICLE 1936.- Responsibility for destruction according to good or bad faith. The possessor in good faith is not liable for the total or partial destruction of the thing, but until the concurrence of the remaining profit. The one in bad faith responds for the total or partial destruction of the thing,
Except that it would have also occurred if the thing was in the power of the person who has the right to its restitution.
If the possession is vicious, it responds for the total or partial destruction of the thing, although it would have also occurred if the thing was in the power of the person who has the right to its restitution.
ARTICLE 1937.- Transfer of obligations to the successor. The particular successor succeeds his predecessor in the obligations inherent to the possession of the thing; but the particular successor responds only with the thing on which the real right rests. The predecessor is released,
except stipulation or legal provision.
ARTICLE 1938.- Compensation and payment of improvements. No subject of a power relationship can claim compensation for mere maintenance or luxury improvements. The latter can be removed if doing so does not damage the thing. Every subject of a relationship of
Power of attorney can claim the cost of necessary improvements, unless they were caused by his fault if it is in bad faith. You can also claim payment for useful improvements but only up to the highest value acquired by the thing. The increases originated by events of the
nature in no case are compensable.
ARTICLE 1939.- Own effects of possession. Possession has the effects provided for in articles 1895 and 1897 of this Code.
Unless there is a legal provision to the contrary, the possessor must satisfy the full payment of taxes, fees and contributions levied on the thing and fulfill the obligation of closure.
ARTICLE 1940.- Effects of possession. The holder must:
a) keep the thing, but can claim reimbursement of expenses from the owner;
b) identify and notify the owner of who is the representative if he is disturbed by reason of the thing, and if he does not do so, he is liable for the damage caused to the owner and loses the guarantee by eviction, if it corresponds;
c) to restore the thing to whoever has the right to claim it, after a reliable summons from the others who claim it.
TITLE III
Domain
CHAPTER 1
General disposition
ARTICLE 1941.- Perfect domain. The perfect domain is the real right that grants all the faculties to use, enjoy and materially and legally dispose of a thing, within the limits provided by law. The domain is presumed perfect until proven otherwise.
ARTICLE 1942.- Perpetuity. The domain is perpetual. It has no time limit and subsists regardless of its exercise. It is not extinguished even if the owner does not exercise his powers, or someone else exercises them, except that he acquires the domain by acquisitive prescription.
ARTICLE 1943.- Exclusivity. The domain is exclusive and it can not have more than one holder. Whoever acquires the thing for one title, cannot henceforth acquire it for another, if it is not for what is missing from the title.
ARTICLE 1944.- Faculty of exclusion. The domain is exclusive. The owner can exclude strangers from the use, enjoyment or disposition of the thing, remove on his own authority the objects placed in it, and enclose his properties with walls, fences or moats, subject to local regulations.
ARTICLE 1945.- Extension. The domain of a thing includes the objects that form a whole with it or are its accessories.
The domain of a real property extends to the subsoil and airspace, insofar as its use is possible, except as provided by special regulations.
All constructions, crops or plantations existing in a property belong to its owner, except for the provisions regarding horizontal property and surface rights.
It is presumed that the constructions, plantings or plantations were made by the owner of the property, if the opposite is not proven.
ARTICLE 1946.- Imperfect domain. The domain is imperfect if it is subject to a condition or resolution period, or if the thing is encumbered with real charges.
EPISODE 2
Special domain acquisition modes
SECTION 1
Appropriation
ARTICLE 1947.- Appropriation. The domain of non-registrable personal property without an owner is acquired by appropriation.
a) are subject to appropriation:
i) abandoned things;
ii) the animals that are the object of hunting and fishing;
iii) rainwater that falls in public places or runs through them.
b) are not susceptible of appropriation:
i) lost things. If the thing is of any value, it is presumed to be lost, except for proof to the contrary;
ii) domestic animals, even if they escape and enter someone else's property;
iii) domesticated animals, as long as the owner does not give up pursuing them. If they emigrate and get used to living in another property, they belong to the owner of the property, if he did not use tricks to attract them;
iv) treasures.
ARTICLE 1948.- Hunting. The wild or domesticated animal that regains its natural freedom belongs to the hunter when he takes it or falls into his trap. As long as the hunter does not give up chasing the animal that he wounded, he has the right to prey, even if another takes it or falls into his trap.
The animal hunted in it without express or tacit authorization belongs to the owner of the property.
ARTICLE 1949.- Fishing. Whoever fishes in waters of public use, or is authorized to fish in other waters, acquires control of the aquatic species that they capture or extract from their natural environment.
ARTICLE 1950.- Swarms. The owner of a swarm can follow it through other people's buildings, but must compensate for the damage it causes. If it does not pursue it or ceases in its attempt, the swarm belongs to whoever takes it. When it joins another swarm, it is the owner of this one.
SECTION 2
Acquisition of a treasure
ARTICLE 1951.- Treasury. A treasure is every movable thing of value, without a known owner, hidden in another movable or immovable thing. It is not the thing in the public domain, nor the one found in a grave of human remains while that affectation persists.
ARTICLE 1952.- Discovery of a treasure. The discoverer of the treasure is the first to make it visible, even if he does not know that it is a treasure. The finding must be accidental. Only holders of real rights that are exercised by possession have the right to search for treasure in another's object,
with the exception of the garment.
ARTICLE 1953.- Rights of the discoverer. If the treasure is discovered in a thing of its own, the treasure belongs to the owner in its entirety. If it is partially owned, it is responsible for half as discoverer and, on the other half, the proportion that it has in the ownership of the thing.
If the treasure is discovered by chance in a foreign thing, it belongs in half to the discoverer and to the owner of the thing where it was found.
The rights of the discoverer cannot be invoked by the person to whom the owner of the thing entrusts him to search for a certain treasure, nor by the person searching without his authorization. They can be invoked if the finder is simply warned about the mere possibility of finding a
treasure.
ARTICLE 1954.- Search by the owner of a treasure. When someone pretends that he has a treasure that he claims to have kept on someone else's property and wants to look for it, he can do so without the consent of the owner of the property; must designate the place where it is located, and guarantee the
compensation for all damages to the owner. If you prove your ownership, it belongs to you. If it is not credited, the treasure belongs entirely to the owner of the property.
SECTION 3
Regime of lost things
ARTICLE 1955.- Finding. Whoever finds a lost thing is not obliged to take it, but if he does, he assumes the obligations of the depositary for consideration. You must return it immediately to whoever has the right to claim it, and if you do not individualize it, you must deliver it to the police of the
place of the discovery, who must give intervention to the judge.
ARTICLE 1956.- Reward and auction. The restitution of the thing to whoever has the right to claim it must be made after payment of the expenses and the reward. If a reward is offered, the finder may accept the offered or claim its fixation by the judge. Without prejudice to the
reward, the owner of the thing can free himself from all other claims of the finder by transmitting his domain.
After six months without the person having the right to claim it, the thing must be sold at public auction. The sale can be anticipated if the thing is perishable or of expensive conservation. After deducting the expenses and the amount of the reward, the remainder belongs to the
city ​or municipality of the place where it was found.
SECTION 4
Transformation and accession of movable things
ARTICLE 1957.- Transformation. There is acquisition of the domain by transformation if someone in good faith with a foreign thing, through his own activity or the incorporation of something else, makes a new one with the intention of acquiring it, without it being possible to return it to the previous state. In that
case, it should only be the value of the first one.
If the transformation is done in bad faith, the owner of the material has the right to be compensated for any damage, if he does not prefer to have the thing in its new form; in this case, he must pay the transformer for his work or the higher value that the thing has acquired, at his choice.
If the transformer is in good faith and the thing transformed is reversible to its previous state, the owner of the matter is the owner of the new species; in this case, he must pay the transformer for his work; but you may choose to require the value of the cost of the reversal.
If the transformer is in bad faith, and the thing transformed is reversible to its previous state, the owner of the thing can choose to claim the new thing without paying anything to the one who made it; or abdicate it with compensation for the value of the material and the damage.
ARTICLE 1958.- Accession of movable things. If movable things of different owners access each other without the mediation of man and it is not possible to separate them without deteriorating them or without excessive expenses, the new thing belongs to the owner of the one that had greater economic value at the time
of the accession. If it is impossible to determine what was more valuable, the owners buy the new in equal parts.
SECTION 5
Accession of real property
ARTICLE 1959.- Flood. The gradual and insensitive increase of the bordering property with sleeping waters or currents that is produced by sedimentation, belongs to the owner of the property. There is no increase in the domain of individuals by alluvium if it is caused by
work of man, unless it is for purely defensive purposes.
There is no alluvium if there is no adherence of sedimentation to the property. Intermittent watercourse does not interfere with adherence.
The alluvial accretion along several buildings is divided among the owners, in proportion to the front of each one of them on the old riverbank.

The rules on alluvium are applied both to the increases produced by the natural withdrawal of the waters, and by the abandonment of its channel.
ARTICLE 1960.- Riverbed. It does not constitute alluvium what is deposited by the waters that are included in the limits of the riverbed determined by the bank line that sets the average of the maximum ordinary floods.
ARTICLE 1961.- Avulsion. The growth of the property due to the sudden force of the waters that produces a natural adherence belongs to the owner of the property. It also belongs to you if that increase originates from another natural force.
If part of a property is moved to another, its owner can claim it as long as it does not adhere naturally. The owner of the other property does not have the right to demand their removal, but after a period of six months, he acquires them by prescription.
When the avulsion is of a thing not susceptible to natural adherence, the provisions on lost things apply.
ARTICLE 1962.- Construction, sowing and planting. If the owner of a property builds, plants or plants with other people's materials, he acquires them, but he owes their value. If it is in bad faith you also owe the damages.
If the construction, sowing or planting is carried out by a third party, the materials belong to the owner of the property, who must indemnify the higher value acquired. If the third party is in bad faith, the owner of the property can demand that he restore the thing to the previous state at his expense, at
unless the difference in value is important, in which case you owe the value of the materials and the work, if you do not prefer to abdicate your right with compensation for the value of the property and the damage.
If the construction, sowing or planting is carried out by a third party with other people's work or materials in another's property, the person who carries out the work or who provides the materials does not have direct action against the owner of the property, but can demand what is owed to the third party.
ARTICLE 1963.- Invasion of adjoining property. Whoever builds on his property, but in good faith invades the neighboring property, can oblige his owner to respect what was built, if he did not immediately oppose the invasion known.
The owner of the adjoining property may demand compensation for the value of the invaded part of the property. You can claim its total acquisition if the normal use of the property is significantly impaired and, where appropriate, the decrease in the value of the part not invaded. If he
The invader does not compensate, he may be forced to demolish what was built.
If the invader is in bad faith and the owner of the invaded estate immediately objected to the invasion being known, he may request the demolition of the building. However, if it is manifestly abusive, the judge can reject the petition and order compensation.
CHAPTER 3
Imperfect domain
ARTICLE 1964.- Assumptions of imperfect domain. Revocable, fiduciary and dismembered domains are imperfect domains. The revocable domain is governed by the articles of this Chapter, the trustee by the provisions of the regulations of Chapter 31, Title IV of the Third Book, and the
dismembered is subject to the regime of the respective real load that burdens it.
ARTICLE 1965.- Revocable domain. Revocable domain is the one subject to a condition or resolution period to which the owner must return the thing to the person who transmitted it.
The condition or the term must be imposed by express voluntary provision or by law.
The resolution conditions imposed on the domain must be understood to be limited to a term of ten years, even though the planned event cannot be carried out within that period or it is longer or uncertain. If the ten years elapse without resolution, the domain must
be definitively established. The term is computed from the date of the title constituting the imperfect domain.
ARTICLE 1966.- Powers. The holder of the revocable domain has the same powers as the perfect owner, but the legal acts carried out are subject to the consequences of the extinction of his right.
ARTICLE 1967.- Effect of the revocation. The revocation of the domain of a registrable thing has retroactive effect, unless the contrary arises from the acquisition title or the law.
When it comes to non-registrable things, the revocation has no effect on third parties except as long as they, due to their bad faith, have a personal obligation to restore the thing.
ARTICLE 1968.- Reacquisition of the perfect domain. When the term or condition is fulfilled, the revocable owner of a thing is immediately constituted as a possessor in the name of the perfect owner. If the thing is registrable and the sufficient way consists of the constitutive registration, it is
requires registering the reacquisition; If the registration is not constitutive, it is required for the purpose of its enforceability.
ARTICLE 1969.- Effects of retroactivity. If the revocation is retroactive, the perfect owner reacquires the free domain of all legal acts carried out by the owner of the resolved domain; If it is not retroactive, the acts are enforceable against the owner.
> CHAPTER 4
Limits to the domain
ARTICLE 1970.- Administrative regulations. The limitations imposed on the private domain in the public interest are governed by administrative law. The exploitation and use of the domain over real estate must be exercised in accordance with the applicable administrative regulations.
in each jurisdiction.
The limits imposed on the domain in this Chapter in matters of neighborhood relations, govern in subsidy of the administrative regulations applicable in each jurisdiction.
ARTICLE 1971.- Non-compensable damage. The duties imposed by the limits to the domain do not generate compensation for damages, unless the damage is aggravated by the activity of man.
ARTICLE 1972.- Clauses of unenforceability. In acts for consideration, the clause of not transmitting to any person the domain of a certain thing or of not constituting other real rights over it is null. These clauses are valid if they refer to person or persons
determined.
In the acts of gratuitous title, all the clauses indicated in the first paragraph are valid if their term does not exceed ten years.
If the convention does not set a term, or establishes an uncertain term or more than ten years, it is considered celebrated for that time. It is expressly renewable for a period that does not exceed ten years from the date it was established.
In acts due to death, the clauses that affect the legitimate portions, or imply a trustee substitution, are void.
ARTICLE 1973.- Immissions. The annoyances caused by smoke, heat, odors, luminosity, noise, vibrations or similar immissions due to the exercise of activities in neighboring buildings, should not exceed the normal tolerance taking into account the conditions of the place and although
there is an administrative authorization for them.
Depending on the circumstances of the case, the judges may order the removal of the cause of the annoyance or its cessation and the compensation of the damages. To order the cessation of the immission, the judge must weigh especially the respect due to the regular use of the property, the priority in
the use, the general interest and the demands of production.
ARTICLE 1974.- Towpath. The owner of a property adjacent to any of the banks of the riverbeds or their banks, suitable for transport by water, must leave a strip of land 15 meters wide free in the entire extension of the course, in which they cannot
do any act that undermines that activity.
Any injured party may request that the effects of the acts that violate this article be removed.
ARTICLE 1975.- Obstacle to the course of the waters. The owners of properties bordering a river may not carry out any work that alters the natural course of the waters, or modifies its direction or speed, unless it is merely defensive. If any of them are harmed
Due to the work of the riparian or of a third party, he can remove the obstacle, build defensive works or repair the destroyed ones, in order to restore the waters to their previous state, and claim from the author the value of the necessary expenses and the compensation of the others damage.
If the obstacle originates in a fortuitous event, the State must only restore the waters to their previous state or pay the value of the expenses necessary to do so.
ARTICLE 1976.- Reception of water, sand and stones. Water, sand or stones that move from another farm must be received if they have not been degraded or there was no human interference in their movement. However, artificially extracted water can be derived,
sand or stones carried by the water, if it is proven that they do not cause damage to the buildings that receive them.
ARTICLE 1977.- Provisional installations and passage of people working on a construction site. If it is essential to put scaffolding or other temporary facilities in the neighboring building, or to let the people who work on the work pass, the owner of the property cannot prevent it, but
whoever builds the work must repair the damage caused.
ARTICLE 1978.- Views. Unless a local law establishes other dimensions, the border walls cannot have views that allow frontal vision at a distance less than three meters; nor side views at a distance less than sixty centimeters, measured
perpendicularly. In both cases, the distance is measured from the outer limit of the closest viewing area to the adjoining property.
ARTICLE 1979.- Lights. Unless a local law provides other dimensions, the border wall cannot have lights lower than one meter eighty centimeters, measured from the highest surface of the ground in front of the opening.
ARTICLE 1980.- Exception to minimum distances. The minimum distances indicated in articles 1978 and 1979 do not apply if vision is impeded by fixed elements of non-transparent material.
ARTICLE 1981.- Deprivation of lights or views. Whoever has lights or views allowed on a private wall cannot prevent the adjoining one from regularly exercising his right to raise another wall, even if he deprives him of light or sight.
ARTICLE 1982.- Trees, shrubs or other plants. The owner of a property cannot have trees, shrubs or other plants that cause a nuisance that exceeds the normal tolerance. In such a case, the affected owner may demand that they be removed, unless the cutting of branches is
enough to avoid the inconvenience. If the roots penetrate your property, the owner can cut them down himself.
TITLE IV
Condominium
CHAPTER 1
General disposition
ARTICLE 1983.- Condominium. Condominium is the real property right over a thing that belongs in common to several people and that corresponds to each one by an undivided part. The parts of the condominium owners are presumed equal, except that the law or the title provide
other proportion.
ARTICLE 1984.- Subsidiary applications. The rules of this Title apply, in subsidy of legal or conventional provision, to all cases of communion of real rights or other assets.
The rules that regulate the domain are applied subsidiarily to this Title.
ARTICLE 1985.- Destination of the thing. The fate of the common thing is determined by convention, by the nature of the thing or by the use to which it was actually affected.
ARTICLE 1986.- Use and enjoyment of the thing. Each condominium owner, jointly or individually, can use and enjoy the common thing without altering its destiny. You cannot impair it in your own interest or hinder the exercise of equal powers by the remaining owners.
ARTICLE 1987.- Agreement of use and enjoyment. The condominium owners may agree to the alternate use and enjoyment of the common thing or that it be exercised exclusively and excludingly on certain material parts.
ARTICLE 1988.- Exclusive use and enjoyment. The exclusive use and enjoyment of the whole thing, to a greater extent or quality different from that agreed upon, does not entitle the remaining joint owners to compensation, but only from the reliable opposition and only for the benefit of the opponent.
ARTICLE 1989.- Powers in relation to the undivided part. Each owner may alienate and encumber the thing to the extent of his undivided part without the consent of the remaining owners. Creditors can seize it and execute it without waiting for the result of the partition, which
it is unenforceable to them. The resignation of the owner of his share increases the other owners.
ARTICLE 1990.- Provision and improvements in relation to the thing. The legal or material disposition of the thing, or of a certain part of it, can only be made with the agreement of all the owners. No agreement is required to make necessary improvements. Within the
limits of use and enjoyment of the common property, each condominium owner can also, at his own expense, make useful improvements in the property that serve to its best use.
ARTICLE 1991.- Expenses. Each condominium owner must pay the costs of conservation and repair of the property and the necessary improvements and reimburse the others for what they have paid in excess in relation to their undivided parts. You cannot be released from these obligations by waiving your
right.
The condominium owner who pays such expenses can claim interest from the date of payment.
ARTICLE 1992.- Debts for the benefit of the community. If a condominium owner contracts debts for the benefit of the community, he is the only one obligated against the third creditor, but he has action against the others for the reimbursement of the amount paid.
If all are bound without expression of quotas and without stipulating solidarity, they must satisfy the debt in equal parts. Whoever has overpaid with respect to the undivided part that corresponds to him, has the right against the others, so that they return what he paid in that proportion.
EPISODE 2
Administration
ARTICLE 1993.- Impossibility of use and enjoyment in common. If the use and enjoyment in common is not possible for reasons related to the thing itself or due to the opposition of any of the joint owners, they, meeting in assembly, must decide on its administration.
ARTICLE 1994.- Assembly. All owners must be informed of the purpose of the call and summoned to the assembly in a reliable way and with reasonable anticipation.
The resolution of the absolute majority of the joint owners, computed according to the value of the undivided shares, even if it corresponds to only one, is binding on all. In the event of a tie, luck must decide.
ARTICLE 1995.- Fruits. Not having stipulation to the contrary, the fruits of the common thing must be divided proportionally to the interest of the owners.
CHAPTER 3
Condominium without forced indivision
UNIQUE SECTION
Partition
ARTICLE 1996.- Applicable rules. The rules of the division of the inheritance apply to the condominium, as long as they are compatible.
ARTICLE 1997.- Right to request the partition. Unless the indivision has been agreed, every condominium owner can, at any time, request the division of the thing. The action is imprescriptible.
ARTICLE 1998.- Acquisition by a condominium owner. Notwithstanding the provisions of the rules for the division of the inheritance, partition is also considered the case in which one of the joint owners becomes the owner of the whole thing.
CHAPTER 4
Condominium with temporary forced indivision
ARTICLE 1999.- Waiver of the partition action. The owner cannot renounce to exercise the partition action indefinitely.
ARTICLE 2000.- Agreement to suspend the partition. The condominium owners may agree to suspend the partition for a term that does not exceed ten years. If the convention does not set a term, or has an uncertain term or more than ten years, it is considered celebrated for that time. The term
that is less than ten years can be extended to complete this maximum limit.
ARTICLE 2001.- Harmful partition. When the partition is harmful to any of the condominium owners, due to serious circumstances, or detrimental to the interests of all or to the use of the thing, according to its nature and economic destination, the judge may order its postponement for
a term appropriate to the circumstances and not to exceed five years. This term is renewable for one time.
ARTICLE 2002.- Early partition. At the request of a party, provided that serious circumstances concur, the judge may authorize the partition before the scheduled time, regardless of whether the indivision has been agreed or judicially ordered.
ARTICLE 2003.- Publicity of the indivision or its termination. The indivision clauses or the early cessation of the indivision only produce effect with respect to third parties when they are registered in the respective property registry.
CHAPTER 5
Enduring Forced Indivision Condominium
SECTION 1
Condominium on must-have accessories
ARTICLE 2004.- Forced division of essential accessories. There is forced indivision when the condominium falls on things affected as essential accessories for the common use of two or more estates that belong to different owners. As long as the
affectation, none of the owners can request the division.
ARTICLE 2005.- Use of the common thing. Each condominium owner can only use the common property for the needs of the properties to which it is affected and without prejudice to the equal right of the remaining condominium owners.
SECTION 2
Condominium on walls, fences and moats
ARTICLE 2006.- Wall, fence or pit. The wall, fence or pit is called:
a) boundary, separative or dividing: to which a property demarcates and delimits it from the adjoining property;
b) encased: the boundary that partially sits on each of the adjoining properties;
c) contiguous: to the boundary that sits entirely on one of the adjoining buildings, so that the edge coincides with the separative boundary;
d) mediator: to the boundary that is common and belongs in condominium to both adjoining;
e) privative or exclusive: to the boundary that belongs to only one of the adjoining;
f) of enclosure: to the boundary of the forced enclosure, be it encaballado or contiguous;
g) elevation: to the boundary that exceeds the height of the enclosure wall;
h) buried: located below ground level without serving as a foundation for a construction on the surface.
ARTICLE 2007.- Forced urban closure. Each one of the owners of real estate located in a population center or in its suburbs has in front of the adjacent owner, the reciprocal right and obligation, to build an enclosing boundary wall, to which they can
straddle the adjoining property, up to half its thickness.
ARTICLE 2008.- Wall of forced enclosure. The forced enclosure wall must be stable, insulating and not less than three meters high from the intersection of the boundary with the surface of the buildings. This measure is a subsidiary of those available to the
local regulations.
ARTICLE 2009.- Acquisition of dividing walls. The wall built in accordance with the provisions of article 2008 is a dividing wall up to a height of three meters. The elevation wall is also a mediator, if the adjoining owner of a real right over a totally or partially owned thing,
acquires joint ownership by contract with the person who builds it, or by purchasing prescription.
ARTICLE 2010.- Presumptions. Unless proven otherwise, the boundary wall between two buildings of a height greater than three meters is presumed to be a dividing line from that height to the common elevation line. From that height it is presumed exclusive to the owner of the building
higher.
ARTICLE 2011.- Time of the presumptions. The presumptions of article 2010 are established on the date of construction of the wall and subsist even if it is totally or partially destroyed.
ARTICLE 2012.- Exclusion of presumptions. The presumptions of the previous articles do not apply when the wall separates courtyards, orchards and gardens of a building or between them.
ARTICLE 2013.- Evidence. The proof of the mediating or exclusive nature of a wall or the one that undermines the legal presumptions in this regard, must come from a public or private instrument that contains acts common to the two adjoining owners, or their predecessors, or arise from
unmistakable material signs.
The proof resulting from the titles prevails over that from the signs.
ARTICLE 2014.- Collection of the party arrangement. Whoever builds the adjoining enclosure wall has the right to claim half the value of the land, the wall and its foundations from the adjoining owner. If you build it upright, you can only demand half the value of the wall and its
foundations.
ARTICLE 2015.- Greater value due to building characteristics. It cannot claim the greater value originated by the building characteristics of the wall and its foundations, in relation to the stability and isolation of external agents, which exceed the standards of the place.
ARTICLE 2016.- Acquisition and collection of the elevation and buried walls. The adjoining owner of an elevation or buried wall, only has the right to acquire the dividing wall as it is built, even if it exceeds the standards of the place.
ARTICLE 2017.- Right of the one who builds the wall. The one who builds the elevation wall only has the right to claim from the adjoining owner half of the value of the wall, as long as he uses it effectively for his specific purposes.
The same right has the person who builds a buried wall, or who extends the pre-existing wall in a depth greater than that required for its foundation.
ARTICLE 2018.- Measure of the obligation. The adjoining owner has the obligation to pay for the enclosure wall in its entire length and the elevation wall only in the part that it actually uses.
ARTICLE 2019.- Value of the dividing line. The computable value of the party is that of the wall, foundations or land, as appropriate, on the date of default.
ARTICLE 2020.- Start of the course of the expiry prescription. The course of the prescription of the action of collection of the dividing wall with respect to the enclosure wall begins from the beginning of its construction; and with respect to lifting or buried, from its effective use by
the adjoining holder.
ARTICLE 2021.- Material powers. Extension. The condominium owner may attach constructions to the wall, anchor them in it, embed all types of tie rods and open cavities, even in their entire thickness, provided that the regular exercise of that right does not result in danger to the
solidity of the wall.
ARTICLE 2022.- Extension of the wall. The owner may extend the boundary wall in height or depth, at his own expense, without compensating the other owner for the greater weight that he loads on the wall. The new extension is exclusive to the one who made it.
ARTICLE 2023.- Restitution of the wall to the previous state. If the exercise of these powers causes damage to the owner, he may request that the wall be restored to its previous state, totally or partially.
ARTICLE 2024.- Reconstruction. The owner may demolish the boundary wall when he needs to make it more solid, but he must rebuild it with height and stability no less than that of the demolished one.
If in the reconstruction the wall is prolonged in height or depth, the provisions of article 2022 apply.
ARTICLE 2025.- Use of larger surface. If a larger surface area than the previous one is used for the reconstruction, it must be taken from the land on which it was built and the new wall, although built by one of the owners, is a dividing wall up to the height of the old one and throughout
its thickness.
ARTICLE 2026.- Diligence in reconstruction. The reconstruction must be carried out at his own expense, and the other owner cannot claim compensation for the mere inconvenience, if the reconstruction is carried out with adequate diligence according to the rules of the art.
ARTICLE 2027.- Improvements in urban dividing walls. The condominium owners are obliged, in the proportion of their rights, to pay the expenses of repairs or reconstructions of the wall as necessary improvements, but they are not obliged if they are expenses of useful improvements or
sumptuary that are not beneficial to the adjoining owner.
ARTICLE 2028.- Abdication of the party. The condominium owner required for the payment of credits originated by the construction, conservation or reconstruction of a wall, can be released by abdicating his right of party even in the places where the enclosure
it is compulsory, unless the wall is part of a construction that belongs to him or the debt has been originated by an act of his own.
You cannot free yourself by abdicating your right to the raised or buried wall if you maintain your right to the enclosure wall.
ARTICLE 2029.- Scope of the abdication. The abdication of the right to shareholding by the owner implies transferring all rights to the wall and the land on which it sits.
ARTICLE 2030.- Reacquisition of the dividing line. The one who abdicated the party may reacquire it at any time by paying for it, as if he had never had it before.
ARTICLE 2031.- Forced rural enclosure. The holder of a real right over something totally or partially owned, of a property located outside a population center or its surroundings, has the right to build or excavate an enclosure, even if it is not a wall in the terms
of forced closure. You also have the obligation to contribute to the enclosure if your property is completely closed.
ARTICLE 2032.- Attribution, collection and rights in the rural party. The enclosure is always dividing, even if it is excavated.
The one who carries out the closure has the right to claim from the owner half of the value corresponding to a closure carried out according to the standards of the place.
ARTICLE 2033.- Subsidiary application. The provisions on dividing walls in terms of the rights and obligations of the condominium owners to each other, governs, where applicable, in rural dividing walls.
SECTION 2034.- Condominium of trees and shrubs. The contiguous or encased tree and shrub is a mediator in relation to walls, fences or boundary moats, both in rural and urban properties.
ARTICLE 2035.- Damage due to a tree or bush. Any of the condominium owners can demand, at any time, if it causes damage, that the tree or shrub be uprooted at the expense of both, except that it can be avoided by cutting branches or roots.
ARTICLE 2036.- Replacement of the tree or bush. If the tree or bush falls or dries up, it can only be replaced with the consent of both owners.
TITLE V
Horizontal property
CHAPTER 1
General disposition
ARTICLE 2037.- Concept. Horizontal property is the real right that is exercised over its own property that grants its owner powers of use, enjoyment and material and legal disposition that are exercised over private parts and over common parts of a building, in accordance
with what this Title and the respective horizontal property regulations establish. The various parts of the property as well as the powers that are held over them are interdependent and make up a non-divisible whole.
ARTICLE 2038.- Constitution. For the purposes of the legal division of the building, the owner of the domain or the condominium owners must draft, by public deed, the horizontal property regulations, which must be registered in the real estate registry.
The horizontal property regulation is integrated into the sufficient title over the functional unit.
ARTICLE 2039.- Functional unit. The horizontal property right is determined in the functional unit, which consists of flats, apartments, premises or other spaces that can be used by their nature or destination, that have functional independence, and
communication with the public thoroughfare, directly or through a common passage.
The property of the functional unit comprises the undivided part of the land, of things and parts of common use of the property or essential to maintain its security, and may include one or more complementary units destined to serve it.
ARTICLE 2040.- Things and common parts. Common to all or some of the functional units are the things and parts of common use or essential to maintain their security and those that are determined in the horizontal property regulations. The things and parts whose
usage is not determined, they are considered common.
No owner can claim exclusive rights over these things and parts, without prejudice to its exclusive affectation to one or more functional units.
Each owner can use the common things and parts according to his destiny, without harming or restricting the rights of the other owners.
ARTICLE 2041.- Things and necessarily common parts. They are necessarily common things and parts:
a) the terrain;
b) the corridors, roads or elements that communicate units with each other and with the outside;
c) roofs, roofs, terraces and solar patios;
d) foundations, columns, bearing beams, master walls and other structures, including balconies, essential to maintain safety;
e) the premises and facilities of the central services;
f) the pipes that carry fluids or energy in their entirety, and the wiring, until they enter the functional unit;
g) the home for the person in charge;
h) elevators, hoists and escalators;
i) the exterior walls and the divisions of units among themselves and with common things and parts;
j) the facilities necessary for the access and movement of people with disabilities, fixed or mobile, external to the functional unit, and alternative evacuation routes in case of accidents;
k) all existing artifacts or facilities for services of common benefit;
l) the premises for toilets or clothing for the personnel working for the consortium.
Page 12
This list is illustrative.
ARTICLE 2042.- Things and common parts that are not essential. They are non-essential common things and parts:
to the pool;
b) the solarium;
c) the gym;
d) the laundry room;
e) the multipurpose room.
This list is illustrative.
ARTICLE 2043.- Own things and parts. The things and parts included in the volume limited by their dividing structures, the non-bearing internal partitions, the doors, windows, appliances and the coverings, are necessarily proper with respect to the functional unit,
even from the balconies.
The things and parts that, susceptible to an exclusive right, are provided as such in the horizontal property regulations are also their own, without prejudice to the restrictions imposed by orderly coexistence.
ARTICLE 2044.- Consortium. All the owners of the functional units constitute the consortium legal entity. It is domiciled in the property. Its organs are the assembly, the council of owners and the administrator.
The personality of the consortium is extinguished by the disaffection of the property from the horizontal property regime, either by unanimous agreement of the owners implemented in a public deed or by judicial resolution, registered in the real estate registry.
EPISODE 2
Powers and obligations of the owners
ARTICLE 2045.- Powers. Each owner may, without the need for the consent of the others, alienate the functional unit that belongs to him, or on it constitute real or personal rights. The constitution, transmission or extinction of a real right, lien or seizure
on the functional unit, it includes the common things and parts and the complementary unit, and cannot be realized separately from these.
ARTICLE 2046.- Obligations. The owner is obliged to:
a) comply with the provisions of the horizontal property regulations, and the internal regulations, if any;
b) keep its functional unit in good condition;
c) pay ordinary and extraordinary common expenses in the proportion of their undivided part;
d) contribute to the integration of the reserve fund, if any;
e) allow access to its functional unit to carry out repairs of common things and parts and assets of the consortium, as well as to verify the operation of kitchens, water heaters, stoves and other risky things or to control the work of its installation;
f) reliably notify the administrator of his special address if he chooses to establish a different one from that of the functional unit.
ARTICLE 2047.- Prohibitions. Owners and occupants are prohibited from:
a) To allocate the functional units to uses contrary to morality or to purposes other than those provided for in the horizontal property regulations;
b) disturbing the tranquility of others in any way that exceeds normal tolerance;
c) carry out activities that compromise the security of the property;
d) deposit dangerous or harmful things.
ARTICLE 2048.- Expenses and contributions. Each owner must meet the costs of conservation and repair of his own functional unit.
Likewise, it must pay the ordinary common expenses of administration and repair or replacement of the common things and parts or assets of the consortium, necessary to maintain in good condition the conditions of security, comfort and decorum of the property and those resulting from the
obligations imposed on the administrator by law, by regulation or by the assembly.
Likewise, ordinary common expenses are those required by the facilities necessary for the access or circulation of people with disabilities, fixed or mobile, and for alternative evacuation routes in case of accidents.
It must also pay the extraordinary common expenses established by resolution of the assembly.
The debt certificate issued by the administrator and approved by the owners council, if it exists, is an executive title for the collection of the expenses and other contributions from the owners.
ARTICLE 2049.- Defenses. The owners cannot be released from the payment of any expense or contribution to their charge even with respect to those accrued before their acquisition, by waiving the use and enjoyment of common goods or services, by voluntary or forced alienation, or
by abandoning its functional unit.
Neither can they refuse the payment of expenses or contributions or oppose defenses for any reason, based on rights that they invoke against the consortium, except compensation, without prejudice to their articulation by the corresponding means.
The horizontal property regulations may partially exempt functional units that do not have access to certain services or sectors of the building that generate such expenditures from contributions for expenses.
ARTICLE 2050.- Obliged to pay expenses. In addition to the owner, and without implying the release of the latter, those who are holders by any title are obliged to pay the expenses and contributions of the horizontal property.
CHAPTER 3
Modifications in common things and parts
ARTICLE 2051.- Improvement or new work that requires a majority. To carry out improvements or new works on common things and parts, the owners or the consortium require the consent of the majority of the owners, after a technical report from an authorized professional.
Whoever requests the authorization if it is denied, or the minority affected in their particular interest that opposes the authorization if it is granted, have an action for the judge to nullify the decision of the assembly.
The judge must evaluate if the improvement or new work is of excessive cost, contrary to the regulation or the law, and if it affects the safety, soundness, health, destination and exterior or interior architectural appearance of the property. The majority decision is not suspended without an express court order.
ARTICLE 2052.- Improvement or new work that requires unanimity. If the improvement or new work, carried out by an owner or by the consortium on common things and parts, even when it does not matter to raise new floors or do excavations, gravitates or modifies the structure of the property of
in a substantial way, it must be done with the unanimous agreement of the owners.
Improvement or new work on common things and parts of particular interest that only benefits an owner also requires unanimity.
ARTICLE 2053.- Improvement or new work in private interest. If the improvement or new work authorized on common things and parts is in private interest, the beneficiary must carry it out at his own expense and bear the costs of modifying the horizontal property regulations and its
inscription, if there is room for them.
ARTICLE 2054.- Urgent repairs. Any owner, in the absence of the administrator and the members of the owners council, can carry out urgent repairs in common things and parts, as a business manager. If the expense is unjustified, the
The consortium may deny the total or partial refund and demand, if applicable, the restitution of the assets to their previous state, at the expense of the owner.
SECTION 2055.- Serious deterioration or destruction of the building. In case of serious deterioration or destruction of the building, the assembly by majority that represents more than half of the value, can resolve its demolition and the sale of the land and materials, the repair or the
reconstruction.
If the reconstruction is resolved, the minority cannot be compelled to contribute to it, and can free itself by transferring its rights to third parties willing to undertake the work. In the absence of interested parties, the majority can acquire the part of the dissatisfied, according to valuation
judicial.
CHAPTER 4
Horizontal property regulation
ARTICLE 2056.- Content. The horizontal property regulation must contain:
a) determination of the terrain;
b) determination of functional and complementary units;
c) enumeration of own assets;
d) enumeration of common things and parts;
e) composition of the consortium's assets;
f) determination of the undivided proportional part of each unit;
g) determination of the proportion in the payment of common expenses;
h) use and enjoyment of common things and parts;
i) use and enjoyment of the assets of the consortium;
j) destination of functional units;
k) destination of the common parts;
l) special powers of the owners' assemblies;
m) determination of the form to convene the meeting of owners, its periodicity and its form of notification;
n) specification of limitations to the number of proxy letters that each functional unit holder may hold to represent others in assemblies;
ñ) determination of the majorities necessary for the different decisions;
o) determination of the majorities necessary to modify the horizontal property regulations;
p) way of computing majorities;
q) determination of eventual prohibitions for the provision or rental of complementary units to non-proprietary third parties;
r) appointment, powers and special obligations of the administrator;
s) term of exercise of the function of administrator;
t) setting the financial year of the consortium;
u) special powers of the owners council.
ARTICLE 2057.- Modification of the regulation. The regulations can only be modified by resolution of the owners, by a two-thirds majority of all the owners.
CHAPTER 5
Assemblies
ARTICLE 2058.- Powers of the assembly. The assembly is the meeting of owners empowered to resolve:
a) the issues that are specially attributed to it by law or by horizontal property regulations;
b) the questions attributed to the administrator or the council of owners when they are submitted to him by any of these or by whoever represents five percent of the undivided proportional parts in relation to the whole;
c) questions about compliance with the appointment and dismissal of consortium staff;
d) Issues not considered as powers of the administrator or the owners' council, if any.
ARTICLE 2059.- Call and quorum. The owners must be summoned to the assembly in the manner provided in the horizontal property regulations, with a transcription of the agenda, which must be drawn up accurately and completely; the treatment of others is null
issues, except if all owners are present and unanimously agree to discuss the issue.
The assembly can call itself to deliberate. The decisions that are adopted are valid if the self-call and the agenda to be discussed are approved by a two-thirds majority of all the owners.
Decisions taken by the unanimous will of all the owners are equally valid even if they do not do so in assembly.
ARTICLE 2060.- Absolute majority. The decisions of the assembly are adopted by an absolute majority computed over the totality of the owners of the functional units and it is formed with the double requirement of the number of units and the undivided proportional parts of these
relative to the whole.
The majority of those present can propose decisions, which must be communicated by reliable means to the absent owners and are considered approved fifteen days after being notified, unless they oppose before by the same means, with a sufficient majority.
The right to file a legal action for the annulment of the assembly expires thirty days from the date of the assembly.
ARTICLE 2061.- Express agreement of the holder. For the suppression or limitation of rights granted to the units that exceed mere matters of daily operation, the majority must be integrated with the express consent of their owners.
ARTICLE 2062.- Minutes. Notwithstanding the other books referring to the administration of the consortium, it is mandatory to keep a Book of Assembly Minutes and a Record Book of the owners' signatures.
Minutes of each assembly must be drawn up in the respective book, in which those present must sign as proof of their attendance. The signatures that sign each assembly must be compared by the administrator with the original registered signatures.
The minutes must be drawn up by a minutes secretary chosen by the owners; These must contain the summary of the deliberations and the transcription of the decisions adopted or, where appropriate, proposed by the majority of those present, and be signed by the president of the
assembly and two owners. At the foot of each minute, the administrator must record the communications sent to the absentees, the oppositions received and any express conformities.
ARTICLE 2063.- Judicial Assembly. If the administrator or the council of proprietors, in subsidy, omits to summon the assembly, the proprietors that represent ten percent of the total can request to the judge the convocation of a judicial assembly. The judge must set a hearing
to be carried out in his presence to which he must summon the owners. The judicial assembly can resolve with a simple majority of those present. If you do not reach a decision, the judge decides summarily. Likewise, and if applicable, the judge may order precautionary measures to
regularize the status of the consortium.
CHAPTER 6
Council of owners
ARTICLE 2064.- Powers. The assembly may appoint a council made up of owners, with the following powers:
a) call the meeting and draw up the agenda if for any reason the administrator fails to do so;
b) control the economic and financial aspects of the consortium;
c) authorize the administrator to dispose of the reserve fund, in the event of unforeseen expenses and greater than ordinary ones;
d) exercise the administration of the consortium in case of vacancy or absence of the administrator, and call the meeting if the position is vacant within thirty days of the vacancy.
Except for the cases indicated in this article, the owners council does not replace the administrator, nor can it fulfill its obligations.
CHAPTER 7
Administrator
ARTICLE 2065.- Legal representation. The administrator is the legal representative of the consortium with the character of agent. It can be an owner or a third party, human or legal person.
ARTICLE 2066.- Appointment and removal. The administrator designated in the horizontal property regulations ceases at the time of the first meeting if it is not ratified in it. The first assembly must be held within ninety days of the two-year anniversary of the
granting of the regulation or the moment in which fifty percent of the functional units are occupied, whichever occurs first.
Successive administrators must be appointed and removed by the assembly, regardless of the reform of the horizontal property regulations. They can be removed without expression of cause.
ARTICLE 2067.- Rights and obligations. The administrator has the rights and obligations imposed by the law, the regulations and the owners' assembly. In particular it must:
a) summon the assembly and draw up the agenda;
b) execute the decisions of the assembly;
c) attend to the preservation of common things and parts and the safety of the building structure and comply with all safety standards and verifications imposed by local regulations;
d) practice the expense account and collect the necessary funds to satisfy them. To fully or partially dispose of the reserve fund, in the event of unforeseen expenses and greater than ordinary ones, the administrator must require the prior authorization of the owners council;
e) render a documented account within sixty days of the closing date of the financial year established in the horizontal property regulations;
f) appoint and dismiss the consortium staff, with the agreement of the assembly called for this purpose;
g) comply with the obligations derived from labor, social security and tax legislation;
h) keep the property insured with comprehensive consortium insurance that includes fire, civil liability and other practice risks, apart from insuring other risks that the assembly decides to cover;
i) keep in legal form the books of minutes, administration, owner registration, signature records and any other required by local regulations. You must also file chronologically the expense settlements, and keep all the documentary background of
the constitution of the consortium and the successive administrations;
j) in the event of resignation or removal, within fifteen business days must deliver to the council of owners the existing assets, books and documents of the consortium, and render documented accounts;
k) notify all owners immediately, and in no case after forty-eight business hours of receiving the respective communication, the existence of administrative or judicial claims that affect the consortium;
I) at the request of the interested party, issue within a period of three business days the certificate of debts and credits of the consortium for all concepts with evidence of the existence of administrative or judicial claims and information on current insurance;
m) Represent the consortium in all administrative and judicial procedures as the exclusive agent with all the powers inherent to his character as legal representative.
CHAPTER 8
Sub-consortia
ARTICLE 2068.- Sectors with independence. In buildings whose structure or nature makes it convenient, the horizontal property regulation may foresee the existence of sectors with functional or administrative independence, in everything that does not weigh on the building in
general.
Each sector may have a sub-assembly, whose operation and powers must be specially regulated and a sub-administrator of the sector may be appointed. In case of conflict between the various sectors, the assembly ultimately resolves.
The entire consortium responds to third parties without taking into account the various sectors that comprise it.
CHAPTER 9
Offenses
ARTICLE 2069.- Regime. In case of violation by an owner or occupant of the prohibitions established in this Code or in the horizontal property regulations, and without prejudice to the other corresponding actions, the consortium or any affected owner will have
action to stop the infringement, which must be substantiated by the shortest procedural route available to local law. If the offender is a non-owner occupant, he can be evicted in the event of repeated violations.
CHAPTER 10
Prehorizontality
ARTICLE 2070.- Contracts prior to the constitution of horizontal property. Contracts on functional units executed before the constitution of the horizontal property are included in the provisions of this Chapter.
ARTICLE 2071.- Compulsory insurance. In order to enter into contracts on units built or projected under the horizontal property regime, the owner of the property domain must establish insurance in favor of the acquirer, for the risk of failure of the operation of
according to what was agreed for any reason, and whose coverage includes the reimbursement of the installments paid with plus a remunerative interest or, where appropriate, the release of all the encumbrances that the acquirer does not assume in the preliminary contract.
Failure to comply with the obligation imposed in this article deprives the owner of the domain of all rights against the acquirer unless he fully complies with his obligations, but does not deprive the acquirer of his rights against the transferor.
SECTION 2072.- Exclusions. The following contracts are excluded:
a) Those in which the constitution of horizontal property results from the partition or liquidation of communions of things or goods, or from the liquidation of legal entities;
b) those dealing with real estate in the private domain of the State;
c) those concerning constructions carried out with financing or trust from official bodies or financial entities specially qualified by the control body, if its clauses show that the definitive contracts with the purchasers must be entered into
by the financing or fiduciary entity, to whom the owners must grant irrevocable power to that end.
TITLE VI
Real estate complexes
CHAPTER 1
Real estate complexes
SECTION 2073.- Concept. Real estate complexes are country clubs, closed or private neighborhoods, industrial, business or nautical parks, or any other urban development regardless of the destination of permanent or temporary housing, work,
commercial or business that it has, also including those that contemplate mixed uses, in accordance with the provisions of local administrative regulations.
SECTION 2074.- Characteristics. The following are characteristic elements of these urbanizations: enclosure, common and private parts, state of forced and perpetual indivision of the parts, places and common goods, regulation by which organs of
operation, limitations and restrictions on private rights and disciplinary regime, obligation to contribute with common expenses and charges and entity with legal status that groups together the owners of the private units. The various parts, things and sectors
Common and proprietary, as well as the powers that are held over them, are interdependent and make up a non-divisible whole.
ARTICLE 2075.- Legal framework. All aspects relating to authorized areas, dimensions, uses, loads and other urban elements corresponding to real estate complexes are governed by the administrative regulations applicable in each jurisdiction.
All real estate complexes must be subject to the real estate law regulations established in Title V of this Book, with the modifications established by this Title, in order to create a special real estate right.
The pre-existing real estate complexes that have been established as personal rights or where real rights and personal rights coexist must be adapted to the normative provisions that regulate this real right.
ARTICLE 2076.- Things and necessarily common parts. The parts and places of the land destined for circulation, access and communication routes, specific areas destined to the development of sports, recreational and social activities, are necessarily common or of common use,
Common facilities and services, and all other assets affected by community use, qualified as such by the respective horizontal property regulations that regulate the undertaking.
The things and parts whose character of common or own is not determined are considered common.
ARTICLE 2077.- Private things and parts. The functional unit that constitutes a private part may be built or in the process of construction, and must meet the requirements of functional independence according to its destination and exit to the public thoroughfare by direct or indirect means.
ARTICLE 2078.- Powers and obligations of the owner. Each owner must exercise their right within the framework established in these regulations, with the limits and restrictions that arise from the respective horizontal property regulations of the real estate complex, and
keeping in mind the maintenance of a good and normal coexistence and the protection of landscape, architectural and ecological values.
ARTICLE 2079.- Location and perimeter limits. The location of the real estate complexes depends on the provisions of the applicable provincial and municipal regulations.
The perimeter limits of the real estate complexes and the access control can be materialized through enclosures in the way that local, provincial or municipal regulations establish, depending on urban and security aspects.
ARTICLE 2080.- Limitations and regulatory restrictions. According to the applicable administrative regulations, the horizontal property regulations may establish building or other limitations, create easements and restrictions on private domains, as well as
also set rules of coexistence, all with a view to the benefit of the urban community. Any limitation or restriction established by the regulation must be transcribed in the translational deeds of the real right of special horizontal property. This regulation is considered
An integral part of the property titles that are granted on the functional units that make up the real estate complex, and it is presumed known by every owner without admitting proof to the contrary.
ARTICLE 2081.- Expenses and contributions. The owners are obliged to pay the common expenses, expenses and expenses for the correct maintenance and operation of the real estate complex in the proportion established by the property regulations.
horizontal. Said regulation may determine other contributions other than the legally foreseen expenses, in case of use of advantages, services and common facilities by relatives and guests of the holders.

ARTICLE 2082.- Assignment of the unit. The regulations of the real estate complex may establish conditions and guidelines for the exercise of the right of use and enjoyment of the common spaces and facilities by third parties in cases where the owners of the domain of the units
Individuals temporarily assign, totally or partially, by any title or right, real or personal, the use and enjoyment of their functional unit.
ARTICLE 2083.- Guest regime and admission of non-proprietary users. The regulation can establish the extension of the use and enjoyment of the common spaces and facilities to those people who make up the family group of the owner of the functional unit and foresee a
guest regime and admission of non-proprietary users of said assets, with the characteristics and under the conditions that, for this purpose, dictates the consortium of owners.
The use of the common property of the complex by third parties may be full, partial or limited, temporary or permanent, it is always personal and not susceptible of total or partial, permanent or transitory assignment or transmission, by acts between living and mortis causa. The not
owners are obliged to pay the contributions and fees determined for this purpose by the internal regulations of the real estate complex.
ARTICLE 2084.- Easements and other real rights. In accordance with the provisions of the applicable administrative regulations, easements or other real rights of the real estate complexes may be established among themselves or with joint third parties, in order to allow a better
use of common spaces and facilities. These decisions constitute modification of the regulations and must be decided with the majority of such reform, as provided by the regulations.
ARTICLE 2085.- Transmission of units. The horizontal property regulations may provide limitations but not prevent the free transfer and consequent acquisition of functional units within the real estate complex, being able to establish a right of first refusal in the property.
acquisition in favor of the consortium of owners or the rest of the owners of the private units.
ARTICLE 2086.- Sanctions. Faced with serious or repeated conduct by the owners of functional units that violate the horizontal property regulations, the consortium of owners may apply the sanctions provided for in that instrument.
EPISODE 2
Shared time
ARTICLE 2087.- Concept. Timeshare is considered to exist if one or more assets are used for periodic and shift use, for accommodation, lodging, commerce, tourism, industry or other purposes and to provide benefits compatible with their destination.
ARTICLE 2088.- Assets that comprise it. Regardless of the nature of the rights that are constituted or transmitted, and the legal regime to which the assets are subject, the timeshare is integrated with real estate and furniture, as long as their nature is
compatible with the purposes mentioned.
ARTICLE 2089.- Impact. The constitution of a timeshare requires the allocation of one or more objects to the purpose of periodic and shift use, which, in the case of real estate, must be formalized by public deed, which must contain the
requirements established in the special regulations.
ARTICLE 2090.- Legitimation. The instrument of affectation of a timeshare must be granted by the owner of the domain. In the event that said owner does not coincide with the person of the entrepreneur, he must appear to give his consent to the affectation
instrumented.
ARTICLE 2091.- Requirements. The goods must be free of encumbrances and restrictions.
The entrepreneur, the owner, the administrator and the marketer must not be inhibited to dispose of their assets.
The owner may constitute a mortgage or other lien after the registration of the deed of affectation, with the effects provided for in article 2093.
ARTICLE 2092.- Registration. The instrument of affectation must be registered in the respective Property Registry and in the Registry of Providers and Establishments affected by Timeshare Systems provided for in the special law, prior to any announcement, offer or
commercial promotion.
ARTICLE 2093.- Effects of the instrument of affectation. The registration of the instrument of affectation in the respective Land Registry determines:
a) the prohibition of the owner and the entrepreneur from modifying the destination provided for in the instrument; However, the entrepreneur can market the periods of enjoyment that have not been alienated, with other contractual modalities;
b) the enforceability of the rights of timeshare users, which cannot be altered or diminished by individual or universal successors, nor by third party creditors of the owner or entrepreneur, not even in the event of bankruptcy or bankruptcy.
ARTICLE 2094.- Duties of the entrepreneur. The entrepreneur's duties are:
a) establish the regime of use and administration of the things and services that are part of the timeshare and control the fulfillment of the obligations in charge of the administrator;
b) enable a Registry of Owners, which must be supervised by the application authority, in which the personal data of the users and their address, periods of use, the establishment or establishments to which they correspond, type, extension and category of units, and changes
of ownership;
c) guarantee the exercise of the right of the users, in the opportunity and conditions compromised;
d) pay the fees for system expenses of the units not disposed of.
ARTICLE 2095.- Duties of the users of the timeshare. The duties of the timeshare users are:
a) exercise their right according to their nature and destination, without altering or substituting them and without preventing other users from enjoying the shifts that correspond to them;
b) be liable for damages to the unit, the establishment, or their common areas, caused by them, their companions or the persons they authorize, if such damages are not caused by their normal and regular use or by the mere passage of time. ;
c) notify the administration of any temporary or definitive transfer of their rights, in accordance with the procedures established in the regulations for use;
d) pay in due time and form the fees for expenses of the system and the reserve fund, as well as any expense that may be particularly attributed to it.
ARTICLE 2096.- Of the administration. The administration can be exercised by the entrepreneur himself, or by a third party designated by him. In this case, both have joint and several liability vis-à-vis the users of the timeshare, for the proper management and coordination in the
maintenance and use of the goods.
ARTICLE 2097.- Duties of the administrator. The administrator has the following duties, without prejudice to those established in the specific legal regimes:
a) Keep the establishments, their units and the spaces and things of common use, in adequate conditions to facilitate the exercise of their rights by users;
b) preserve the equal rights of users and respect the temporal priorities of reservations;
c) to verify the infractions to the regulation of use and to apply the foreseen sanctions;
d) file the corresponding administrative remedies and legal actions;
e) keep accounting books in accordance with law;
f) prepare and execute the budget for resources and expenses;
g) charge users the fees for expenses, reserve funds and all other corresponding charges;
h) render accounts to the entrepreneur and to the users, in accordance with income and expenses liquidations certified by a public accountant, except in the case that it is chosen to apply the relative lump sum system;
i) deliver all the documentation and existing funds to the entrepreneur or whoever he or she indicates, upon termination of duty;
j) behave as a good administrator would in accordance with the uses and practices of the sector.
ARTICLE 2098.- Executive collection. The certificate issued by the administrator stating the debt for system expenses, the items that compose it and the term to pay it, constitutes a title to act against the delinquent user by executive means, prior reliable notice
for the term stipulated in the administration regulations.
SECTION 2099.- Extinction. The extinction of the timeshare occurs:
a) due to the expiration of the term established in the allocation instrument;
b) at any time, when there have been no disposals, or all the contracts have been rescinded, a circumstance that must be recorded in the registry;
c) by destruction or aging.
ARTICLE 2100.- Consumption ratio. The relationship between the owner, entrepreneur, marketer and manager of the timeshare with whom he acquires or uses the right of periodic use is governed by the rules that regulate the relationship of consumption, provided for in this
Code and special laws.
ARTICLE 2101.- Real right of the timeshare purchaser. The rules on real rights apply to the right of the timeshare purchaser.
ARTICLE 2102.- Police regulations. The owner, entrepreneur, marketer, administrator and user of the timeshare must comply with the laws, regulations and other regulations of a national, provincial and municipal nature related to the operation of the system.
CHAPTER 3
Private cemeteries
ARTICLE 2103.- Concept. Private cemeteries are considered to be privately owned buildings affected by the burial of human remains.
ARTICLE 2104.- Impact. The owner of the domain must grant a deed of affectation of the property in order to allocate it to the purpose of private cemetery, which is registered in the Real Property Registry together with the regulations of administration and use of the
graveyard. As of its authorization by the local municipality, the cemetery cannot alter its destiny or be encumbered with real security rights.
ARTICLE 2105.- Regulation of administration and use. The administration and use regulations must contain:
a) the description of the property on which the private cemetery is constituted, its parts, places, facilities and common services;
b) Order provisions to facilitate burial rights holders to exercise their powers and to ensure compliance with applicable legal, regulatory and police standards;
c) setting and payment of the fee for administration and maintenance, which can be agreed for annual periods or through a single payment in perpetuity;
d) regulations on burials, exhumations, cremations and transfers;
e) guidelines on the construction of tombs;
f) provisions on the fate of mortal remains in abandoned graves;
g) rules on access and circulation of holders and visitors;
h) constitution and operation of the administrative bodies.
ARTICLE 2106.- Records of burials and graves. The administrator of a private cemetery is obliged to bring:
a) a record of burials with the identification data of the person buried;
b) a register of the holders of the burial rights, in which the changes of ownership produced must be recorded.
ARTICLE 2107.- Powers of the holder of the right of burial. The holder of the right of burial can:
a) Burying human remains in the parcel of those who have it, up to the dimension established in the regulations, and carrying out exhumations, reductions and transfers, in strict compliance with the regulations issued in this regard;
b) build tombs on their respective plots, in accordance with the construction regulations issued for this purpose;
c) access the cemetery and its plot at the times indicated;
d) use the oratories, services, park and facilities and common places according to the established conditions.
ARTICLE 2108.- Duties of the holder of the right of burial. The holder of the right of burial must:
a) maintain decorum, sobriety and respect that the place and rights of others demand;
b) contribute periodically with the service fee for the maintenance and operation of the cemetery;
c) pay the taxes, fees and contributions that for such purposes are set on your plot;
d) respect the national, provincial and municipal provisions and regulations of hygiene, public health and mortuary police.
ARTICLE 2109.- Direction and administration. The management and administration of the cemetery is in charge of the administrator, who must ensure the proper functioning of the common facilities and services that allow the exercise of burial rights, in accordance with the
agreed and regulated conditions.
ARTICLE 2110.- Unattachable. The exclusive parcels destined for burial are unattachable, except for:
a) credits from the balance of the purchase price and the construction of graves;
b) the expenses, rates, taxes and contributions corresponding to them.
ARTICLE 2111.- Consumption relationship. The relationship between the owner and the administrator of the private cemetery with the owners of the plots is governed by the rules that regulate the relationship of consumption provided for in this Code and in the special laws.
ARTICLE 2112.- Real right of burial. The rules on real rights apply to the right of burial on the plot.
ARTICLE 2113.- Police regulations. The administrator, the holders of graves and the visitors must comply with the laws, regulations and other regulations of a national, provincial and municipal nature related to the mortuary police.
TITLE VII
Surface
ARTICLE 2114.- Concept. The surface right is a temporary real right, which is constituted on a foreign property, which grants its owner the power to use, enjoy and material and legal disposition of the right to plant, afforest or build, or over what is planted, forested or
built on the ground, the flight or the subsoil, according to the modalities of its exercise and term of duration established in the title sufficient for its constitution and within the provisions of this Title and the special laws.
ARTICLE 2115.- Modalities. The surface worker can carry out constructions, plantations or afforestation on the ground, flight and subsoil of the property of others, making his own what is planted, afforested or built.
The right to existing plantations, afforestation or constructions can also be constituted, attributing their property to the surface.
In both modalities, the surface right coexists with the separate property of the owner of the land.
ARTICLE 2116.- Location. The right of surface can be constituted on the whole property or on a determined part, with projection in the air space or in the subsoil, or on already existing constructions even within the horizontal property regime.
The extension of the affected property may be greater than that necessary for planting, afforestation or construction, but it must be useful for its use.
ARTICLE 2117.- Deadlines. The term agreed in the acquisition title may not exceed seventy years in the case of constructions and fifty years for afforestation and plantations, both counted from the acquisition of the surface right. The agreed term
it can be extended as long as it does not exceed the maximum terms.
ARTICLE 2118.- Legitimation. The owners of the real rights of domain, condominium and horizontal property are empowered to constitute the surface right.
ARTICLE 2119.- Acquisition. The surface right is constituted by an onerous or free contract and may be transmitted by inter vivos acts or by cause of death. It cannot be acquired by usucapion. The short prescription is admissible for the purposes of sanitation of the just
qualification.
ARTICLE 2120.- Superficial powers. The owner of the surface right is empowered to establish real security rights over the right to build, plant or forestry or over the surface property, limited, in both cases, to the term of duration of the right to
surface.
The surface can affect the construction to the horizontal property regime, with separation of the land belonging to the owner unless otherwise agreed; can transfer and tax as independent properties the dwellings, premises or other private units, during the
Term of the surface right, without the need for the owner's consent.
ARTICLE 2121.- Powers of the owner. The owner preserves the material and legal provision that corresponds to his right, provided that he exercises them without disturbing the right of the surface owner.
ARTICLE 2122.- Destruction of surface property. The surface property is not extinguished, unless otherwise agreed, due to the destruction of what has been built, planted or forested, if the surface property builds, again within a period of six years, which is reduced to three
years to plant or afforest.
ARTICLE 2123.- Subsistence and transfer of obligations. The transmission of the right includes the obligations of the superficial.
The waiver of the right by the surface, its disuse or abandonment, does not release it from its legal or contractual obligations.
ARTICLE 2124.- Extinction. The right to build, plant or afforest is extinguished by express waiver, expiration of the term, fulfillment of a resolutive condition, by consolidation and by non-use for ten years, for the right to build, and five, for the right to
plant or afforest.
ARTICLE 2125.- Effects of extinction. At the time of the termination of the surface right due to compliance with the conventional or legal term, the owner of the land makes what is built, planted or forested his own, free of the real or personal rights imposed by the
superficial.
If the surface right is extinguished before the compliance of the legal or conventional term, the real rights constituted on the surface or on the ground continue to tax the two parcels separately, as if there had been no extinction, until the expiration of the term of the
surface right.
Personal rights also subsist for the established time.
ARTICLE 2126.- Indemnification to the superficial. Produced the termination of the surface right, the owner of the real right over the land must compensate the surface owner, unless otherwise agreed. The amount of compensation is set by the parties in the constitutive act of the
real surface right, or in subsequent agreements.
As a subsidy, for the purposes of establishing the amount of compensation, the remaining values ​incorporated by the surface company during the last two years are taken into account, discounting the amortization.
ARTICLE 2127.- Rules applicable to surface rights. The rules relating to the limitations of use and enjoyment in the right of usufruct are of supplementary application, without prejudice to what the parties have agreed on in the constitutive act.
ARTICLE 2128.- Rules applicable to surface property. If the surface right is exercised over an existing construction, plantation or forestation, the rules provided for in the case of surface property apply, which in turn is subject to the rules of the
Revocable domain over real estate as long as they are compatible and are not modified by those provided for in this Title.
TITLE VIII
Usufruct
CHAPTER 1
General disposition
ARTICLE 2129.- Concept. Usufruct is the real right to use, enjoy and legally dispose of a foreign asset, without altering its substance.
There is alteration of the substance, if it is a thing, when its matter, form or destiny is modified, and if it is a right, when it is impaired.
ARTICLE 2130.- Object. The usufruct can be exercised over the whole, on a material part or on an undivided part of the following objects:
a) a non-fungible item;
b) a right, only in cases where the law provides it;
c) a fungible thing when it falls on a group of animals;
d) the whole or an undivided part of an inheritance when the usufruct is of testamentary origin.
ARTICLE 2131.- Legitimation. Only the owner, the owner of a horizontal property right, the surface property and the community members of the object on which it may fall are entitled to constitute usufruct.
ARTICLE 2132.- Usufruct in favor of several people. The usufruct can be established jointly and simultaneously in favor of several people. If it is extinguished for one, it subsists for the rest, but without the right to increase, except if the constitutional act provides otherwise.
Usufruct cannot be established in favor of several people who succeed each other, unless the one indicated in a preceding order does not want or cannot accept the usufruct.
ARTICLE 2133.- Prohibition of judicial usufruct. In no case can the judge constitute a usufruct or impose its constitution.
ARTICLE 2134.- Methods of incorporation. The usufruct can be constituted:
a) by the transmission of the use and enjoyment with reservation of the naked property;
b) by the transfer of bare ownership with reservation of use and enjoyment;
c) by transmission of bare property to one person and use and enjoyment to another.
ARTICLE 2135.- Presumption of onerosity. In case of doubt, the constitution of the usufruct is presumed onerous.
ARTICLE 2136.- Modalities. The usufruct can be established purely and simply, subject to a condition or resolution period, or with a charge. It cannot be subject to a suspensive condition or term and if so constituted, the usufruct itself is deemed not established. When the
testament subordinates the usufruct to a condition or suspensive term, the constitution is only valid if they are fulfilled before the death of the testator.
SECTION 2137.- Inventory. Any of the contracting parties has the right to inventory and determine the status of the object of the usufruct, before entering into its use and enjoyment. When the parties are of legal age and capable, the inventory and determination of the state of the object of the
usufruct are optional and can be made by private instrument. Otherwise, they are mandatory and must be done by public deed.
If the usufruct is constituted by will, the person who has been designated usufructuary is obliged to inventory and determine the status of the object, in a public deed. This obligation is not dispensable either.
The interested party can claim at any time the fulfillment of the execution not carried out.
ARTICLE 2138.- Presumption. The lack of inventory and determination of the state of the goods presumes that they correspond to the amount indicated on the title and that they are in good condition, unless otherwise provided.
ARTICLE 2139.- Sufficient guarantee in the constitution and in the transmission. In the act of constitution, the obligation prior to entry into the use and enjoyment can be established, to grant sufficient guarantee, for the conservation and restitution of the assets, once the usufruct has expired.
ARTICLE 2140.- Hereditary non-transferability. The usufruct is non-transferable due to death, without prejudice to the provisions for the usufruct in favor of several persons with the right to accrue.
EPISODE 2
Rights of the usufructuary
ARTICLE 2141.- Fruits. Products. Natural enhancements. They belong to the singular or universal usufructuary:
a) the fruits received. However, if the usufruct belongs to a group of animals, the usufructuary is obliged to replace the missing animals with others equal in quantity and quality, if they do not choose to request their extinction;
b) the fruits pending at the time the usufruct is constituted. The earrings at the time of their extinction belong to the owner node;
c) the products of an exploitation already started at the time the usufruct is constituted.
The use and enjoyment of the usufructuary extends to the increases originated by acts of nature, without any consideration.
ARTICLE 2142.- Real and personal rights. The usufructuary can transfer his right, but it is his own life and not that of the acquirer that determines the maximum duration of the usufruct. Prior to the transfer, the acquirer must give the bare owner
sufficient guarantee of the conservation and restitution of the property.
The usufructuary can constitute the real rights of easement and antichresis, use and habitation and personal rights of use or enjoyment. In none of these cases is the usufructuary exempted from its responsibilities vis-à-vis the bare owner.
ARTICLE 2143.- Optional improvements. The usufructuary can make other improvements, in addition to those he is obliged to make, if they do not alter the substance of the thing. You do not have the right to claim their payment, but you can withdraw them if the separation does not cause damage to the property.
ARTICLE 2144.- Execution by creditors. If the creditor of the usufructuary executes the usufruct right, the purchaser of the usufruct must give sufficient guarantee to the bare owner of the conservation and restitution of the assets.
CHAPTER 3
Obligations of the usufructuary
ARTICLE 2145.- Destination. The use and enjoyment by the usufructuary must be adjusted to the destination of the assets of the usufruct, which is determined by the convention, by the nature of the thing or by the use to which it was actually affected.
ARTICLE 2146.- Necessary improvements. The usufructuary must carry out at his own expense the improvements of mere maintenance, the necessary ones and the others that are originated by his fault.
The improvements originated by old age or fortuitous event are not in your charge.
The bare owner may require the usufructuary to make the improvements to which he is obliged even before the expiration of the usufruct.
ARTICLE 2147.- Improvements prior to the constitution. The usufructuary is not obliged to make any improvement for causes originated before the act of constitution of his right.
However, the usufructuary who does not receive the goods due to his refusal to inventory them or determine their status, must pay for those improvements made by the bare owner.
ARTICLE 2148.- Taxes, rates, contributions and common expenses. The usufructuary must pay the common taxes, fees, contributions and expenses that directly affect the property that is the object of the usufruct.
ARTICLE 2149.- Communication to the owner. The usufructuary must notify the sole owner of the de facto or legal disturbances suffered by reason of the thing. If he does not do so, he is liable for all the damages suffered by the bare owner.
ARTICLE 2150.- Restitution. The usufructuary must deliver the goods object of the usufruct to whoever has the right to restitution upon termination of the usufruct, in the amount and status referred to in articles 2137 and 2138.
CHAPTER 4
Rights and duties of the bare owner
ARTICLE 2151.- Legal and material provision. The bare owner retains the legal and material provision that corresponds to its right, but must not disturb the use and enjoyment of the usufructuary. If it does, the usufructuary may demand the cessation of the disturbance; and, if the usufruct is
expensive, you can opt for a price reduction proportional to the severity of the disturbance.
CHAPTER 5
Extinction
ARTICLE 2152.- Special means of extinction. The following are special means of extinction of the usufruct:
a) the death of the usufructuary, even if the agreed term or condition has not been met. If the duration of the usufruct was not agreed, it is understood that it is for life;
b) the extinction of the usufructuary legal entity. If the duration was not agreed, it expires fifty years from the constitution of the usufruct;
c) non-use by any person for ten years, for any reason. The involuntary disuse does not prevent the extinction, nor does it authorize to extend the duration of the usufruct;
d) the abusive use and alteration of the substance judicially proven.
ARTICLE 2153.- Effects of extinction. Once the original usufruct has been extinguished, all the rights constituted by the usufructuary and their particular successors are extinguished.
The usufruct assigned by the usufructuary may not last beyond the foreseen opportunity for the extinction of the original usufruct.
If the usufruct belongs to a group of animals that perishes in its entirety through no fault of the usufructuary, the latter complies with delivering the remaining spoils to the bare owner. If the group of animals perishes in part through no fault of the usufructuary, he has the option of continuing in the
usufruct, replacing the missing animals, or to cease in it, delivering those that have not perished.
TITLE IX
Use
ARTICLE 2154.- Concept. The use is the real right that consists of using and enjoying a foreign thing, its material or undivided part, in the extension and with the limits established in the title, without altering its substance. If the title does not establish the extent of use and enjoyment, it is understood that
constitutes a usufruct.
The real right of use can only be constituted in favor of the human person.
ARTICLE 2155.- Supplementary rules. The rules of Title VIII of this Book apply to use, except for the particular provisions established herein.
ARTICLE 2156.- Limitations. The user cannot constitute real rights over the thing.
SECTION 2157.- Execution by creditors. The fruits cannot be seized by creditors when their use is limited to the needs of the user and his family.
TITLE X
Bedroom
ARTICLE 2158.- Concept. The habitation is the real right that consists of dwelling in someone else's built property, or in a material part of it, without altering its substance.
The real right of habitation can only be constituted in favor of a human person.
ARTICLE 2159.- Supplementary rules. The rules of Title IX of this Book apply to the room, with the exception of the particular provisions established herein.
ARTICLE 2160.- Limitations. The room is not transmissible by act between the living or by cause of death, and the inhabitant cannot constitute real or personal rights over the thing. It is not enforceable by creditors.
ARTICLE 2161.- Taxes, contributions and repairs. When the inhabitant resides only in a part of the house that is designated for housing, he must contribute to the payment of the charges, contributions and repairs pro rata for the part of the house he occupies.
TITLE XI
Servitude
CHAPTER 1
General disposition
ARTICLE 2162.- Definition. The easement is the real right that is established between two properties and that grants the owner of the dominant property a certain utility over the property of another's servant. The utility may be for mere recreation.
ARTICLE 2163.- Purpose. The easement may have as its object all or a material part of someone else's property.
ARTICLE 2164.- Positive and negative servitude. The servitude is positive if the real load consists in supporting its exercise; it is negative if the actual charge is limited to the determined abstention imposed in the title.
ARTICLE 2165.- Real and personal servitude. Personal easement is the one constituted in favor of a specific person without inherence to the dominant property. If it is constituted in favor of a human person, it is presumed for life, if the title does not result in a shorter duration.
Real easement is inherent to the dominant property. It is presumed perpetual unless otherwise agreed. The burden of the royal easement must ensure a real advantage to the dominant inheritance, and the situation of the properties must allow the exercise of it without being indispensable that it be
touch. The real servitude considered actively and passively is inherent to the dominant estate and the servant estate, it follows with them whatever power they pass and cannot be separated from the estate, nor form the object of a convention, nor be subject to any tax.
When in doubt, the easement is presumed personal.
ARTICLE 2166.- Forced servitude. No one can impose the constitution of an easement, except that the law expressly provides for the legal need to do so, in which case it is called forced.
Forced and real easements are the transit easement in favor of a property without sufficient communication with the public highway, the aqueduct when it is necessary for the economic exploitation established in the dominant property, or for the population, and receiving water
extracted or artificially degraded from which there is no serious damage to the servant estate or, if it exists, is channeled underground or in pipes.
If the owner of the servant estate does not agree to the compensation with the owner of the dominant estate, or with the local authority if the population is involved, it must be set in court.
The action to claim a forced easement is imprescriptible.
ARTICLE 2167.- Personal servitude in favor of several holders. Personal servitude can be established in favor of several people. If it is extinguished for one it subsists for the rest, but without the right to increase, unless the title provides otherwise.
Personal servitude cannot be established in favor of several people who succeed each other, unless the one indicated in a preceding order does not want or cannot accept the servitude.
ARTICLE 2168.- Legitimation. The holders of real rights that fall on real estate and are exercised by possession are entitled to constitute an easement. If there is a community, it must be constituted by all the owners.
ARTICLE 2169.- Prohibition of judicial servitude. In no case may the judge constitute an easement or impose its constitution.
ARTICLE 2170.- Presumption of onerosity. In case of doubt, the constitution of the easement is presumed onerous.
ARTICLE 2171.- Modalities. The easement can be subject to any modality.
ARTICLE 2172.- Transmissibility. No easement can be transferred regardless of the dominant property.
Personal easement is non-transferable due to death, without prejudice to the provisions for easement in favor of several persons with the right to increase.
EPISODE 2
Rights and obligations of the dominant holder
ARTICLE 2173.- Real and personal rights. The owner of an easement may establish personal rights over it in relation to the utility conferred on it, without exempting itself from its liability to the owner. It cannot constitute real rights.
ARTICLE 2174.- Extension of the easement. The easement includes the power to exercise all the accessory easements essential for the exercise of the main one, but not those that only make its exercise more comfortable.
ARTICLE 2175.- Exercise. The exercise of the easement cannot be aggravated if the needs of the dominant property increase, except in the case of a forced easement.
SECTION 2176.- Necessary improvements. The dominant owner can make the necessary improvements in the servant property for the exercise and conservation of the easement. They are at your expense, unless the expense arises from events for which the owner of the property must respond.
servant or third party.
ARTICLE 2177.- Works contrary to the exercise of servitude. The dominant owner may oblige whoever did work in the servant property that undermines the exercise of the easement to restore the thing to its previous state, at his expense. If the servant property becomes
power of another, it should only tolerate the performance of tasks, without being able to claim any consideration.
ARTICLE 2178.- Execution by creditors. In no case may the transfer or execution of the easement be made independently of the dominant property.
ARTICLE 2179.- Communication to the servant. The dominant holder must notify the servant holder of the de facto or legal disturbances suffered as a result of the exercise of the easement. If he does not do so, he is liable for all the damages suffered by the servant holder.
CHAPTER 3
Rights of the servant holder
ARTICLE 2180.- Legal and material provision. The servant holder retains the legal and material provision that corresponds to his right. It does not lose the right to make the property serve the same uses that form the object of the easement. Thus, the one whose property is taxed
with a right-of-way he retains the ability to pass himself through the place.
It should not disturb the exercise of servitude, not even by the constitution of another. If it does, the dominant holder may demand the cessation of the disturbance; if the easement is onerous, he may opt for a price reduction proportional to the severity of the disturbance.
ARTICLE 2181.- Scope of the constitution and of the exercise. The servant owner can demand that the constitution and exercise of the easement be carried out with the least impairment for the encumbered property, but cannot deprive the dominant of the utility to which he is entitled.
If in the title of the easement the circumstances of place and time of exercise are not foreseen, they must be determined by the servant holder.
CHAPTER 4
Extinction of servitude
ARTICLE 2182.- Special means of extinction. The following are special means of extinction of easements:
a) the disappearance of all utility for the dominant property;
b) non-use by any person for ten years, for any reason;
c) in personal easements, if the holder is a human person, his death, even if the agreed term or condition is not fulfilled; if the owner is a legal person, its extinction, and if a shorter duration was not agreed, it ends fifty years from the constitution.
ARTICLE 2183.- Effects of extinction. Once the easement is extinguished, all the rights constituted by the dominant holder are extinguished.
TITLE XII
Security rights in rem
CHAPTER 1
Common provisions
ARTICLE 2184.- Common and special provisions. The real rights constituted in guarantee of credits are governed by the common provisions of this Chapter and by the special norms that correspond to their type.
ARTICLE 2185.- Conventionality. The real rights of guarantee can only be constituted by contract, celebrated by the legitimized ones and with the forms that the law indicates for each type.
ARTICLE 2186.- Accessority. The real security rights are accessories of the credit that they insure, they are not transferable without the credit and they are extinguished with the principal, except in the cases provided by law.
The extinction of the guarantee for any reason, including the waiver, does not affect the existence of the credit.
ARTICLE 2187.- Guaranteed credits. Any credit, pure and simple, term, conditional or eventual, of giving, doing or not doing, can be guaranteed. When the guarantee is constituted, the credit must be adequately individualized through the subjects, the object and its cause, with the
exceptions allowed by law.
ARTICLE 2188.- Specialty regarding the object. Things and rights may constitute the object of the security rights in rem. This object must be current, and be adequately individualized in the constitutive contract.
ARTICLE 2189.- Specialty regarding credit. The amount of the guarantee or lien must be estimated in money. The specialty is fulfilled with the expression of the maximum amount of the tax.
The credit can be individualized in all the elements from the origin or it can be born later; but in all cases, the lien constitutes the maximum of the real guarantee for all concepts, so that any excess sum is unsecured, whether for capital,
interests, costs, fines, or other concepts.
The constitutive act must foresee the term to which the guarantee is subject, which cannot exceed ten years, counted from that act. Once the term has expired, the guarantee subsists in the security of the credits arising during its term.
ARTICLE 2190.- Defects in the specialty. The constitution of the guarantee is valid even if some of the specifications of the object or the credit are missing, provided that it can be integrated according to the set of statements of the constitutive act.
ARTICLE 2191.- Indivisibility. The security rights in rem are indivisible. Indivisibility consists in the fact that each of the assets affected by a debt and each part of them are affected by the payment of all the debt and each of its parts.
The creditor whose guarantee comprises several assets can pursue them all together, or only one or some of them, regardless of who it belongs to or the existence of other guarantees.
The severability of the guarantee with respect to the credit and the affected assets can be agreed upon. The judge can also provide it with good reason, at the request of the owner of the property, provided that no harm is caused to the creditor, or at the request of the latter if it is in his own interest.
ARTICLE 2192.- Extension regarding the object. The warranty includes all the accessories physically attached to the thing, the improvements and the income due.
However, they are not covered by the guarantee:
a) the assets physically attached to the thing that are encumbered with a pledge constituted before the mortgage or are owned by third parties, although their use by the debtor is authorized by a contractual link;
b) the goods that are later physically attached to the thing, if at the time of that union they are encumbered with a pledge or are owned by third parties, even under the conditions indicated above.
ARTICLE 2193.- Extension regarding credit. The guarantee covers the capital owed and the interests after its constitution, as well as the subsequent damages and costs caused by the breach. Interest, damages and costs prior to the constitution of the guarantee
They are included in its coverage only if it has been expressly foreseen and determined in the convention.
ARTICLE 2194.- Real subrogation. The guarantee is transferred by right on the goods that replace the encumbered ones, be it for compensation, price or any other concept that allows real subrogation.
In the event of partial extinction of the object, the guarantee also subsists on the remaining material part.
ARTICLE 2195.- Powers of the constituent. The constituent of the guarantee retains all the powers inherent to its right, but cannot perform any act that diminishes the value of the guarantee. If this occurs, the creditor may request the deprivation of the term of the
obligation, or it can estimate the value of the decrease and demand its deposit or that another sufficient guarantee be granted.
SECTION 2196.- Unavailability. In case of execution, the legal acts carried out to the detriment of the guarantee are unenforceable to the creditor.
ARTICLE 2197.- Realization by a third party. If the encumbered asset is auctioned by a third party before the expiration of the term, the holder of the guarantee has the right to expire the term, and to collect with the corresponding preference.
If the credit is subject to a suspensive condition, it may be required to offer sufficient guarantee of the restitution of the amount received in the extension of article 349 in the event of frustration of the condition.
ARTICLE 2198.- Null clause. Any clause that allows the holder of a security right to acquire or dispose of the encumbered asset outside of the execution modalities and conditions provided by law for each security right is null and void.
ARTICLE 2199.- Responsibility of the non-debtor owner. The non-debtor owner, be it a third party who constitutes the guarantee or who acquires the encumbered asset, without expressly obligated to pay the insured credit, responds only with the asset subject to the encumbrance and
up to the maximum of the tax.
ARTICLE 2200.- Execution against the non-debtor owner. In the event of enforcement of the guarantee, only after the payment has been claimed from the obligee, the creditor can, at the time and deadlines provided by local procedural laws, make the non-debtor owner intimidate so that
pay the debt up to the lien limit, or to make exceptions.
The non-debtor owner can assert the debtor's personal defenses only if the requirements of the subrogation action are met.
The inadmissible defenses in the process set for the execution can be alleged by the non-debtor owner in a trial of knowledge.
ARTICLE 2201.- Right to the remainder. Once the property affected by the guarantee has been made, the non-debtor owner has the right to the remainder that exceeds the amount of the lien, excluding the previous owner and the unsecured creditors.
ARTICLE 2202.- Subrogation of the non-debtor owner. Once the guarantee is executed or the payment of the guaranteed debt is satisfied, the non-debtor owner has the right to:
a) claim the corresponding compensation;
b) subrogate, to the extent appropriate, the rights of the creditor;
c) If there are other assets affected by collateral rights in benefit of the same debt, summon their holders to the execution process, or promote a different one, in order to obtain against them the condemnation for the proportion that corresponds to them. bear as
that has been agreed or, alternatively, by which it results from the value of each of the encumbered assets.
ARTICLE 2203.- Effects of the auction. The real security rights are extinguished by the effect of the public auction of the encumbered asset, if their holders were duly summoned to the execution, without prejudice to the right and preferences that correspond to them over the property produced for the
satisfaction of your credits.
ARTICLE 2204.- Cancellation of the lien. The guarantees registered in the respective registries are canceled:
a) by its owner, by granting an instrument of the same nature as that required for its constitution, with which the interested party can request the cancellation of the respective registry certificates;
b) by the judge, in the event of the creditor's breach, whether or not it is attributable; the respective resolution is entered in the registry, for its purposes.
In all cases, the cancellation may be required to be entered by a marginal note in the copy of the title constituting the guarantee.
EPISODE 2
Mortgage
ARTICLE 2205.- Concept. The mortgage is the real security right that falls on one or more individualized properties that continue to be in the possession of the constituent and that grants the creditor, in the event of the debtor's default, the powers of prosecution and preference to collect
on your produced the secured credit.
ARTICLE 2206.- Legitimation. The holders of the real rights of domain, condominium, horizontal property, real estate complexes and surface can constitute a mortgage.
ARTICLE 2207.- Mortgage of undivided part. A condominium owner can mortgage the thing for his undivided part. The mortgagee can foreclose on the undivided portion without waiting for the result of the partition. As long as this mortgage subsists, the extrajudicial partition of the condominium is
unenforceable to the mortgagee who does not give express consent.
ARTICLE 2208.- Form of the constitutive contract. The mortgage is constituted by public deed except for express legal provision to the contrary. The creditor's acceptance may be subsequent, as long as it is granted with the same formality and prior to registration.
ARTICLE 2209.- Determination of the object. The property that is encumbered by the mortgage must be determined by its location, perimeter measurements, surface area, boundaries, registration data, cadastral nomenclature, and how many specifications are necessary for its due
individualization.
ARTICLE 2210.- Duration of the registration. The effects of the mortgage registration are kept for a term of twenty years, if it is not renewed before.
ARTICLE 2211.- Conventions for execution. The provisions of this Chapter do not hinder the validity of the mortgage foreclosure conventions, recognized by special laws.
CHAPTER 3
Antichresis
ARTICLE 2212.- Concept. The antichresis is the real security right that falls on individual registrable things, whose possession is delivered to the creditor or to a third party designated by the parties, who is authorized to receive the fruits to attribute them to a debt.
ARTICLE 2213.- Legitimation. The holders of the real rights of domain, condominium, horizontal property, surface and usufruct can constitute antichresis.
ARTICLE 2214.- Maximum term. The antichresis time cannot exceed ten years for real property and five years for recordable personal property. If the constituent is the holder of a real right of lesser duration, the antichresis, his ownership ends.
ARTICLE 2215.- Rights of the creditor. The creditor acquires the right to use the thing given in antichresis and receive its fruits, which are charged first to expenses and interests and then to capital, of which the debtor must be accounted for.
ARTICLE 2216.- Duties of the creditor. The anti-resistancy creditor must keep the thing. He can receive the fruits and exploit it himself, or lease it; You can inhabit the property or use the movable property, imputing as a result the rent that another would pay.
Except for an agreement to the contrary, you cannot modify the destination or make any change from which it turns out that the debtor, after the debt has been paid, cannot exploit the thing in the way he did before.
The creditor must administer in accordance with the provisions of the rules of the mandate and is responsible for the damages caused to the debtor.
Failure to comply with these duties extinguishes the guarantee and obliges the creditor to return the thing to the current legitimate owner.
ARTICLE 2217.- Expenses. The owner of the encumbered object owes the creditor the necessary expenses for the conservation of the object, even if it does not subsist; but the creditor is obliged to pay the taxes and charges of the property.
The creditor cannot claim the useful expenses until the occurrence of the highest value of the object.
ARTICLE 2218.- Duration of the registration. The effects of the antichresis registration are kept for a term of twenty years for real estate and ten years for registrable furniture, if it is not renewed before.
CHAPTER 4
Garment
SECTION 1
General disposition
ARTICLE 2219.- Concept. The pledge is the real security right on non-recordable movable things or instrumented credits. It is constituted by the owner or all of the co-owners, by contract formalized in a public or private instrument and tradition to the creditor
pledge or a third party designated by the parties. This pledge is governed by the provisions contained in this Chapter.
ARTICLE 2220.- Pledge with registration. Likewise, a registered pledge may be constituted to ensure the payment of a sum of money, or the fulfillment of any kind of obligations to which the contracting parties attribute, for the purposes of the pledge, a consistent value.
in a sum of money, on assets that must remain in the possession of the debtor or the third party who has pledged them in security of a foreign debt. This garment is governed by special legislation.
SECTION 2221.- Possession. The rights arising from the pledge only subsist while the affected asset is in the possession of the creditor or designated third party. The creditor or the third party is said to continue in possession of the pledge when it is lost or stolen.
of it or had been given to another with an obligation to return it.
If the creditor loses possession of the thing, he can recover it from the person who has it in his possession, without excepting the constituent of the pledge.
ARTICLE 2222.- Opposition. The pledge is not enforceable against third parties if it is not established by a public or private instrument of a certain date, whatever the amount of the credit. The instrument must mention the amount of the credit and contain the detailed designation of the objects
pawned, their quality, weight, measure, description of the documents and titles, and other data that serve to individualize them.
ARTICLE 2223.- Successive garments. A new pledge may be constituted on the pawned asset, in favor of another creditor, if the creditor in whose power he is consenting to possess it for both of them or if it is delivered in custody to a third party in common interest. Priority between
the creditors is established by the date of its constitution. However, the parties may, by means of a declaration of their will formulated with precision and clarity, withdraw from the effects of this rule and establish another order of priority for their rights, in order to share the
priority or authorize it to be shared.
SECTION 2
Garment of things
ARTICLE 2224.- Pledge of someone else's property. If the creditor who receives a foreign thing as a pledge that he believes from the constituent returns it to the owner who claims it, he can demand from the debtor the delivery of another of equal value as a pledge. If the debtor does not do so, the creditor can request the
fulfillment of the main obligation even if it has a pending term; If the credit is subject to condition, article 2197 applies.
ARTICLE 2225.- Fruits. If the pledged asset generates fruits or interests, the creditor must receive them and allocate them to the payment of the debt, first to expenses and interests and then to the capital. The agreement to the contrary is valid.
SECTION 2226.- Use and abuse. The creditor cannot use the thing pledged without the consent of the debtor, unless the use of the thing is necessary for its conservation; in no case may he abuse the use of the thing or harm it in any other way.
Failure to comply with the provisions of the first paragraph of this article entitles the debtor to:
a) terminate the guarantee and that the thing be restored;
b) request that the thing be placed in deposit at the expense of the creditor;
c) claim damages.
SECTION 2227.- Expenses. The debtor owes the creditor the expenses arising from the conservation of the pledged thing, although it does not subsist.
The creditor cannot claim the useful expenses until the occurrence of the greater value of the thing.
ARTICLE 2228.- Sale of the pawned asset. If there is reason to fear the destruction of the pledge or a notable loss of its value, both the creditor and the constituent can request the sale of the property. Likewise, the constituent can request the return of the garment
replacing it with another equivalent real security and, if a favorable occasion arises for its sale, require judicial authorization to proceed, after hearing the creditor.
The thing pawned can also be sold at the request of other creditors. In this case, as in the previous ones, the privilege of the pledgee is exercised on the price obtained.

ARTICLE 2229.- Execution. The creditor can sell the thing pledged in public auction, duly announced ten days in advance in the newspaper of legal publications of the jurisdiction that corresponds to the place where, according to the contract, the thing should be found.
If the pledge consists of securities or other goods negotiable on exchanges or public markets, the sale can be made in the usual way in such markets, at the quoted price.
The parties may agree simultaneously with the constitution that:
a) The creditor can award the thing by estimating the value of it at the time of maturity of the debt, as established by the expert appointed by the parties or by the one resulting from the established election procedure; failing that, the expert must be
appointed by the judge at the simple request of the creditor;
b) the sale may be carried out by a special procedure that they determine, which may consist of the appointment of a person to carry it out or the sale by the creditor or by a third party at prices that arise from a certain scope of negotiation or according to reports of the
Page 13
current market values ​at the time of sale indicated by one or more specialized business chambers or publications designated in the contract.
In the absence of a stipulation to the contrary, these alternatives are optional for the creditor, together with those indicated in the first and second paragraphs of this article, as the case may be.
The creditor can acquire the thing for the purchase that it makes in the auction or in the private sale or for its adjudication.
ARTICLE 2230.- Rendering of accounts. Once the sale has been made, the creditor must render accounts, which can be challenged in court, but this does not affect the validity of the sale.
ARTICLE 2231.- Documents with incorporated rights. The pledge of securities is governed, as appropriate, by the rules of the pledge of things.
SECTION 3
Pledge of credits
ARTICLE 2232.- Instrumented credits. The credit pledge is the one that is constituted on any instrumented credit that can be assigned.
The pledge is constituted even if the right is not incorporated into said instrument and even if it is not necessary for the exercise of the rights related to the pledged loan.
The rules on the pledge of things are applied additionally.
ARTICLE 2233.- Constitution. The credit pledge is constituted when the existence of the contract is notified to the debtor of the pledged loan.
ARTICLE 2234.- Conservation and collection. The pledgee must keep and collect, even judicially, the pledged credit. Mandate rules apply.
If the benefit received by the pledgee consists of money, he must apply what he received until he fully covers his right against the debtor and within the limits of the pledge.
If the benefit received is not monetary, the creditor must proceed to the sale of the thing, applying article 2229.
ARTICLE 2235.- Option or declaration of the constituent. When the enforceability of the pledged credit depends on an option or declaration of the constituent, the pledgee may make the respective manifestation, on his own account if his own credit is enforceable, and of
common agreement with the former otherwise.
If the option or the declaration correspond to the debtor of the credit given as guarantee, they only produce effect if they are communicated to the creditor himself and to the pledgee.
The agreements to the contrary entered into by the pledgee and the constituent of the pledge are valid.
ARTICLE 2236.- Participation in a contract with reciprocal benefits. If the pledged loan originates in a contract with reciprocal benefits, in case of breach of the obligor, the creditor may forcibly dispose of the former's participation in said
contract, subject to applicable contractual limitations.
If the transfer of the constituent's participation is subject to the consent of the other party to such contract, and this is unjustifiably denied, it must be supplied by the judge.
By participation is understood the set of rights and obligations derived from the contract.
ARTICLE 2237.- Extinction. Once the pledge is extinguished for any reason without the pledged credit having been extinguished, the creditor must restore the evidence of the pledged credit and notify the pledged credit debtor of the pledged extinction.
TITLE XIII
Possessive actions and real actions
CHAPTER 1
Defenses of possession and possession
ARTICLE 2238.- Purpose of the possessory actions and injuries that enable them. Possessory actions, depending on whether there is disturbance or disempowerment, are intended to maintain or recover the object on which there is a power relationship. They are granted before material acts,
produced or of imminent production, executed with the intention of taking possession, against the will of the holder or holder.
There is confusion when the acts do not result in an absolute exclusion of the holder or holder. There is disempowerment when the acts have the effect of absolutely excluding the possessor or the holder.
The action is possessory if the facts by their nature cause the deprivation or disturbance of the possession, even if the defendant claims that he does not contest the possession of the plaintiff.
Acts performed without the intention of becoming a possessor should not be judged as possessory action but as damage action.
ARTICLE 2239.- Action to acquire possession or possession. A valid title does not give possession or possession itself, but a right to require power over the thing. He who has but one right to possession or possession cannot take it; you must sue her through legal channels.
ARTICLE 2240.- Extrajudicial defense. No one can maintain or regain possession or possession of their own authority, except when an attack must be protected and repelled with the use of sufficient force, in cases where the aid of the judicial or police authority
they would be too late. The person affected must recover it without a time interval and without exceeding the limits of their own defense. This protection against all violence can also be exercised by the servants of the possession.
ARTICLE 2241.- Dispossession action. The action of dispossession corresponds to recover the possession or possession to every holder or possessor of a thing or a universality of fact, even if it is vicious, against the dispossessor, his heirs and particular successors in bad faith,
when the acts result in disempowerment. The action can be exercised even against the owner of the property if he takes the thing from his own authority.
This action includes the disempowerment produced by the realization of a work that begins to be done in the object over which the actor exercises possession or possession.
The sentence that gives rise to the demand must order the restitution of the thing or of the universality, or the removal of the work that is beginning to be done; It has the effect of material res judicata in everything that refers to possession or possession.
ARTICLE 2242.- Action to maintain possession or possession. The action of maintaining possession or possession corresponds to every holder or possessor of a thing or a universality of fact, even if it is vicious, against whoever disturbs him in all or part of the object.
This action includes the embarrassment produced by the well-founded threat of being disempowered and the acts that announce the imminent realization of a work.
The sentence that gives rise to the demand must order the cessation of the disturbance and adopt the pertinent measures to prevent it from occurring again; It has the effect of material res judicata in everything that refers to possession or possession.
ARTICLE 2243.- Evidence. If it is doubtful who is exercising the power relationship at the time of the injury, it is considered that the person who proves to be in contact with the thing on the date closest to the injury is considered to have it. If this test does not take place, it is judged that the holder or holder is the one who tests
an older power relationship.
SECTION 2244.- Conversion. If during the course of the process an injury greater than that determined by the promotion of the action occurs, the affected party may request its conversion into the one corresponding to the greater injury, without the procedure being reversed, except for violation of the
Right to defense in court.
ARTICLE 2245.- Legitimation. Possessory actions correspond to the owners of things, universals of fact or material parts of a thing.
Any of the co-owners may exercise possessory actions against third parties without the assistance of the others, and also against them, if they exclude or impede the exercise of common possession. These actions do not proceed when the question between co-owners only refers
to the greater or lesser extent of each part.
The holders can exercise the possessory actions for acts produced against the possessor and request that he be reinstated in the possession, and if he does not want to receive the thing, they are empowered to take it directly.
ARTICLE 2246.- Process. The possessory actions are processed through the most abbreviated knowledge process established by the procedural laws or the one determined by the judge, taking into account the circumstances of the case.
EPISODE 2
Defenses of real law
SECTION 1
General disposition
SECTION 2247.- Real actions. Real actions are the means of defending in court the existence, fullness and freedom of real rights against attacks that prevent their exercise.
The actual actions legislated in this Chapter are claim, confession, denial and demarcation.
The real actions are imprescriptible, without prejudice to the provisions regarding acquisitive prescription.
ARTICLE 2248.- Purpose of the real actions and the injury that enables them. The purpose of the claim action is to defend the existence of the real right that is exercised by possession and corresponds to acts that produce disempowerment.
The negative action is intended to defend the freedom of the real right that is exercised by possession and corresponds to acts that constitute an embarrassment, especially given by the undue attribution of an easement or other inherent right to possession.
The purpose of the confessional action is to defend the fullness of the real right and corresponds to acts that prevent the exercise of an easement or other right inherent to possession.
Real shares are also the responsibility of the holders of the mortgage right over the properties whose owners have been dispossessed or disturbed or prevented from exercising the rights inherent to possession.
ARTICLE 2249.- Demand and judgment. For the progress of the real actions, the ownership of the right must exist at the time of the claim and subsist at the time of the sentence.
SECTION 2250.- Damage. The plaintiff can choose to demand the reestablishment of the real right or obtain compensation in lieu of the damage.
If you opt for the restoration of your right, you can claim additional compensation for the damage.
If you choose to obtain compensation in lieu of damage, you lose the right to take the actual action.
ARTICLE 2251.- Co-owners. Juged thing. The real shares are incumbent upon each of the joint owners against third parties or against the remaining joint owners.
When the action is directed against the joint owners, it is always so to the extent of the undivided part. When it is directed against third parties, it can have as its object the whole or a material part of the thing, or it can be reduced to the extent of its undivided part. Restored the right to
totality or material part of the object, the exercise by each owner is limited to his undivided part.
The res judicata extends its effects with respect to all those who could exercise their right of defense in court. The content of the judgment relating to compensation for damage benefits or harms only those who have intervened in the trial.
SECTION 2
Claim action
ARTICLE 2252.- Vindication of things and universals of fact. The thing can be claimed in its entirety or in material part. So can universality in fact.
ARTICLE 2253.- Non-reclaimable objects. Intangible objects, indeterminable or fungible things, accessories are not reclaimable if the main thing is not claimed, nor future things at the time the restitution becomes effective.
ARTICLE 2254.- Non-reclaimable objects in automotive matters. Vehicles registered in good faith are not liable, unless they are stolen or stolen.
Stolen or stolen automobiles registered and owned in good faith for two years are also not liable, provided that there is an identity between the registration entry and the identification codes stamped on the chassis and engine of the vehicle.
ARTICLE 2255.- Passive legitimation. The claim must be directed against the owner or holder of the object, even if it is in the name of the claimant.
The holder of the thing in the name of a third party can be released from the effects of the action if he individualizes the holder. If it does not individualize it, it is reached by the effects of the action, but the sentence does not make res judicata against the possessor.
When it comes to a stolen or stolen car, the action can be directed against the person who has it registered in their name, who must be compensated under the terms of the special regime.
ARTICLE 2256.- Evidence in the claim of real estate. Regarding the proof in the claim of immovable things, the following rules are observed:
a) If the rights of the plaintiff and the defendant emanate from a common predecessor, the owner is presumed who is first placed in possession of the thing, ignoring the previous obligation, regardless of the date of the title;
b) if the rights of the plaintiff and the defendant emanate from different predecessors, the title of the claimant after the possession of the defendant is insufficient for the claim to succeed, even if the defendant does not present any title;
c) if the rights of the plaintiff and the defendant emanate from different ancestors and the claimant's title is prior to the defendant's possession, it is presumed that this transferor was the possessor and owner of the claimed inheritance;
d) if the rights of the plaintiff and the defendant emanate from different predecessors, without being able to establish which of them is the true owner, it is presumed that it is the one who has possession.
ARTICLE 2257.- Evidence in the claim of registrable furniture. Regarding the proof in the claim of recordable, stolen or stolen personal property, when the defendant's registration is in bad faith, the following rules must be observed:
a) Bad faith is presumed when the coincidence of the identifying elements of the thing is not verified according to the special regime and the documentation and registration status is not verified;
b) the claimant must prove his right with the certificate that proves his registration in the respective registry. The defendant must justify the right he opposes in the same way;
c) If the right invoked by the plaintiff is not registered, it must justify its existence and the rectification, where appropriate, of the existing entries. If the defendant's right lacks registration, it is incumbent upon him to prove the one he invokes against the actor;
d) if the plaintiff and the defendant present antecedents that justify the registration, emanating from a common author, the one that accredits the coincidence of the registry identifying elements required by the special regime is preferred;
e) If the plaintiff and the defendant present antecedents that justify the registration derived from different persons, without being able to decide who the disputed right corresponds to, it is presumed that it belongs to the one who has it registered.
ARTICLE 2258.- Evidence in the claim of non-registrable furniture. In the claim of non-registrable movable things:
a) If the parties derive their rights from a common ancestor, the right of the one that first acquires the real right prevails;
b) If the parties derive their rights from different predecessors, the right derived from the oldest predecessor prevails. However, the right that dates back to an original acquisition, even if it is more recent, always prevails;
c) If the movable property is transferred without right and gratuitously, the claim proceeds if the object is in the possession of the sub-purchaser, even if it is in good faith.
ARTICLE 2259.- Right to reimbursement. If a lost or stolen non-registrable movable object is claimed from a bona fide possessor, the latter cannot claim the price paid from the claimant, unless the object was sold with other equals in a public sale, or in
house of sale of similar objects, or by who used to sell them.
If it is a question of a stolen or lost recordable movable thing, and the registration is obtained in good faith, the claimant must refund the amount paid to the claimant.
In case of reimbursement, the claimant has the right to repeat the payment against the transferor in bad faith.
SECTION 2260.- Scope. The claim for a non-registrable personal property cannot be exercised against the sub-purchaser of a real right in good faith and for consideration, except as otherwise provided by law; However, the claimant can claim all or part of the
unpaid price.
The sub-purchaser of a property or a recordable movable thing cannot rely on his good faith and onerous title, if the act is carried out without the intervention of the owner of the right.
ARTICLE 2261.- Sentence. If the claim is admitted, the judge must order the restitution of the object, its material part or its remains. Regarding the rules for compliance with the sentence, the rules of Chapter 3 of Title II of this Book apply.
If it is a recordable movable thing and half registration in favor of the expired, the rectification of the registry entry must be ordered.
SECTION 3
Negative action
ARTICLE 2262.- Passive legitimation. The negative action is against anyone who prevents the right to own another, even if he is the owner of the property, claiming on him some undue easement. It may also be intended to reduce the
exercise of a real right.
ARTICLE 2263.- Evidence. It is enough for the plaintiff to prove his right to own or his right to mortgage, without the need to prove that the property is not subject to the easement that he wants to impose or that it is not constrained by the alleged duty inherent to possession.
SECTION 4
Confessional action
ARTICLE 2264.- Passive legitimation. Confessional action is against anyone who prevents the rights inherent to the possession of another, especially their active servitudes.
ARTICLE 2265.- Evidence. It is enough for the actor to prove his right to own the dominant property and his active easement if an easement is prevented; and their right to own the property if the exercise of other rights inherent to possession is prevented; if you are a mortgagee and
lawsuit against the inaction of the owner, you have the burden of proving your mortgage right.
SECTION 5
Demarcation action
ARTICLE 2266.- Purpose of the demarcation action. When there is a state of uncertainty about the exact place where the dividing line between contiguous properties should pass, the demarcation action allows it to be fixed in a certain way, after research based on titles and
antecedents, and demarcate the boundary on the ground.
There is no demarcation action but a vindication when there is no uncertainty but rather questioning of the limits.
ARTICLE 2267.- Active and passive legitimation. The holder of a real right over a property not separated from another by buildings, walls, fences or permanent works, can demand from the neighboring ones, that they concur with him to fix missing or removed landmarks or demarcate from another
mode the dividing limit. The other possessors who are it can be summoned by title of real rights, so that they intervene in the trial.
The action can be directed against the State when it comes to private property. The demarcation of public domain assets corresponds to the administrative jurisdiction.
ARTICLE 2268.- Evidence and sentence. Each of the parties must provide titles and antecedents in order to prove the extension of the respective rights, while the judge must weigh the various elements to pass judgment in which a separative line is established. If it's not
If it is possible to determine it by the vestiges of old limits, by titles or by possession, the judge must distribute the confused area among the neighboring areas according to what he considers appropriate.
CHAPTER 3
Relationships between possessory actions and real actions
ARTICLE 2269.- Prohibition of accumulating. Real shares cannot be accumulated with possessory shares.
ARTICLE 2270.- Independence of the actions. In possessory actions the proof of real law is useless, but the judge can examine the titles presented to appreciate the nature, extent and effectiveness of the possession.
ARTICLE 2271.- Suspension of the real action. Once the possessory trial has begun, the actual action cannot be admitted or continued before the possessory instance has ended.
ARTICLE 2272.- Previous compliance with sentences. Whoever is defeated in the possessory judgment, cannot begin the real action without having fully satisfied the sentences pronounced against him.
ARTICLE 2273.- Actions for the same act. The holder of a real right can file the real action that is his responsibility or use the possessory action; If you try the first, you lose the right to promote the second; but if you file the possessory action, you can later initiate the
real.
ARTICLE 2274.- Actions for different events. The plaintiff in the real action cannot initiate possessory actions for injuries prior to the promotion of the claim, but the defendant can.
ARTICLE 2275.- Mutual disturbances or disaffection. If the facts constitute disturbances or reciprocal disempowerment, whoever is convicted in the possessory action and complies with the restitution sentence, may in turn initiate or continue the possessory or real action.
regarding the previous fact.
ARTICLE 2276.- Subsequent events. The promotion of the real action does not prevent the parties from deducting defense actions for possession and possession for subsequent events.
BOOK FIFTH
TRANSMISSION OF RIGHTS BY CAUSE OF DEATH
TITLE I
Successions
CHAPTER 1
General disposition
ARTICLE 2277.- Opening of the succession. The real or presumed death of a person causes the opening of his succession and the transmission of his inheritance to the persons called to succeed him by will or by law. If the will only partially disposes of the assets, the rest
inheritance is defined by law.
The inheritance includes all the rights and obligations of the deceased that are not extinguished by his death.
ARTICLE 2278.- Heir and legatee. Concept. Heir is the person to whom the universality or an undivided part of the inheritance is transmitted; legatee, who receives a particular asset or a group of them.
ARTICLE 2279.- People that can happen. They can happen to the causer:
a) the human persons existing at the time of their death;
b) those conceived at that time that are born alive;
c) those born after their death using assisted human reproduction techniques, with the requirements set forth in article 561;
d) the legal persons existing at the time of his death and the foundations created by his will.
ARTICLE 2280.- Situation of the heirs. Since the death of the deceased, the heirs have all the rights and actions of the former undivided, with the exception of those that are not transferable by succession, and they continue in the possession of what the deceased was possessor.
If they are instituted under suspensive condition, they are in that situation as of the fulfillment of the condition, without prejudice to the corresponding conservative measures.
In principle, they are liable for the debts of the deceased with the goods they receive, or with their value if they have been disposed of.
EPISODE 2
Indignity
ARTICLE 2281.- Causes of indignity. They are unworthy to happen:
a) The authors, accomplices or participants in a fraudulent crime against the person, honor, sexual integrity, liberty or property of the deceased, or their descendants, ascendants, spouse, partner or siblings. This cause of indignity is not covered by the termination of the criminal action
nor for the penalty;
b) those who have seriously mistreated the deceased, or seriously offended his memory;
c) Those who have accused or denounced the offender for a crime punishable by imprisonment or confinement, except that the victim of the crime is the accuser, his spouse or partner, his descendant, ascendant or brother, or has acted in compliance with a legal duty ;
d) Those who omit the denunciation of the deceitful death of the deceased, within a month of its occurrence, except that before that term, justice proceeds due to another accusation or ex officio. This cause of indignity does not reach people who are incapable or have restricted capacity, or those who
descendants, ascendants, spouse and siblings of the murderer or his accomplice;
e) relatives or spouse who have not provided the deceased with the maintenance due, or have not collected it in an appropriate establishment if he could not take care of himself;
f) the extramarital father who has not voluntarily recognized the deceased during his minor age;
g) the father or mother of the deceased who has been deprived of parental responsibility;
h) Those who have induced or restricted the will of the deceased to grant a will or stop doing so, or modify it, as well as those who falsify, alter, subtract, hide or substitute the will;
i) Those who have incurred in the other causes of ingratitude that allow the donations to be revoked.
In all the alleged statements, the proof that the harmful act is attributable to the unworthy person is sufficient, without the need for a criminal conviction.
ARTICLE 2282.- Forgiveness of indignity. The forgiveness of the deceased causes the indignity to cease. The testament in which the unworthy person benefits, after the acts of unworthiness, entails pardon, unless the testator proves the ignorance of such facts.
ARTICLE 2283.- Exercise of the action. The exclusion of the unworthy person can only be demanded after the succession is opened, at the request of whoever claims the rights attributed to the unworthy person. It can also be filed as an exception by the defendant for reduction, collation or request for
inheritance.
The action may be directed against the successors of the unworthy person and against his private successors for consideration in bad faith. Anyone who knows the existence of the cause of indignity is considered in bad faith.
SECTION 2284.- Expiration. The right to exclude the unworthy heir for the course of three years from the opening of the succession, and the unworthy legatee for the same period from the delivery of the legacy expires.
However, the defendant by the unworthy by reduction, collation or request of inheritance, can invoke the indignity at all times.
ARTICLE 2285.- Effects. Once the exclusion is judicially admitted, the unworthy person must return the goods received, applying the provisions for the possessor in bad faith. You must also pay interest on the sums of money received, even if you have not received them.
The rights and obligations between the unworthy and the deceased are reborn, as well as the guarantees that ensured them.
TITLE II
Acceptance and resignation of the inheritance
CHAPTER 1
Option right
ARTICLE 2286.- Time of acceptance and resignation. Future inheritances cannot be accepted or waived.
ARTICLE 2287.- Freedom to accept or resign. Every heir can accept the inheritance that is deferred to him or renounce it, but he cannot do so for a part of the inheritance or subject his option to modalities. Partial acceptance implies acceptance of the whole; acceptance under modalities
it is considered not done.
ARTICLE 2288.- Expiration of the right of option. The right to accept the inheritance expires ten years after the opening of the succession. The heir who has not accepted it within that period is considered a renouncer.
The term for the persons called to succeed in the absence of a preferred heir who accepts the inheritance and is later excluded from it, runs from the exclusion.
ARTICLE 2289.- Intimation to accept or resign. Any interested party may judicially request that the heir be intimidated to accept or renounce the inheritance within a period of no less than one month and no more than three months, renewable once for just cause. After the deadline
without having responded to the summons, he is considered an acceptor.
The summons cannot be made until nine days after the death of the deceased, without prejudice to the interested parties requesting the necessary measures to protect their rights.
If the heir has been instituted under suspensive condition, the summons can only be made once the condition has been fulfilled.
ARTICLE 2290.- Transmission of the right of option. If the heir dies without having accepted or renounced the inheritance, the right to do so is transferred to his heirs.
If they do not agree to accept or renounce the inheritance deferred to the deceased, those who accept it acquire all the rights and obligations that correspond to the latter.
The resignation of the inheritance of the deceased deceased without accepting or renouncing an inheritance deferred to him, also implies the resignation of it.
ARTICLE 2291.- Effects. The exercise of the right of option has retroactive effect to the day of the opening of the succession.
ARTICLE 2292.- Action of the creditors of the heir. If the heir renounces the inheritance to the detriment of his creditors, they can be judicially authorized to accept it on his behalf.
In this case, the acceptance only takes place in favor of the creditors who formulate it and until the concurrence of the amount of their credits.
EPISODE 2
Acceptance of inheritance
ARTICLE 2293.- Forms of acceptance. Acceptance of the inheritance can be express or tacit. It is express when the heir takes the quality of such in an act granted by public or private instrument; it is tacit if it grants an act that necessarily implies its intention to
accept and that he can not have done except as heir.
ARTICLE 2294.- Acts that imply acceptance. They imply acceptance of the inheritance:
a) the initiation of the succession trial of the deceased or the presentation in a trial in which the status of heir or rights derived from such status is claimed;
b) the disposition for consideration or gratuitous title of an asset or the exercise of possessory acts on it;
c) the occupation or habitation of real estate that the deceased was the owner or joint owner after one year of death;
d) the fact of not opposing the lack of acceptance of the inheritance in case of having been sued as heir;
e) the transfer of hereditary rights, whether for consideration or free of charge;
f) the renunciation of the inheritance in favor of one or more of his heirs, even if it is gratuitous;
g) the resignation of the inheritance for a price, even if it is in favor of all his joint heirs.
SECTION 2295.- Forced acceptance. The heir who hides or steals assets from the inheritance is considered an acceptor with unlimited liability, loses the right to resign, and has no part in what has been the object of its concealment or theft. Assuming
If you cannot restore the thing, you must restore its value, estimated at the time of restitution.
ARTICLE 2296.- Acts that do not imply acceptance. They do not imply acceptance of the inheritance:
a) purely conservatory, supervisory or provisional administration acts, as well as those that are necessary due to exceptional circumstances and are executed in the interests of the succession;
b) the payment of funeral expenses and the last illness, taxes owed by the deceased, rents and other debts whose payment is urgent;
c) the distribution of clothes, personal documents, decorations and diplomas of the deceased, or family memories, done with the agreement of all the heirs;
d) the collection of the income from the inheritance assets, if they are used in the payments referred to in subsection b) or deposited with a notary public;
e) the sale of perishable goods carried out before the appointment of the administrator, if the price is given the destination set forth in subsection d) of this article; In the event of not being able to find a buyer in useful time, their donation to social assistance entities or their distribution among all the
heirs;
f) the sale of goods whose conservation is costly or are liable to devalue quickly, if the price is given the destination set forth in subsection d).
In the last three cases, the person who has received the income or the sales price is subject to the obligations and responsibility of the administrator of the property of others.
ARTICLE 2297.- Acceptance by an incapable person or with restricted capacity. The acceptance of the inheritance by the legal representative of an incapable person can never oblige him to pay the debts of the succession beyond the value of the assets attributed to him.
The same rule applies to the acceptance of the inheritance by a person with restricted capacity, even if he has acted with assistance, or by his legal or conventional representative.
CHAPTER 3
Waiver of inheritance
ARTICLE 2298.- Power to resign. The heir can renounce the inheritance as long as there has not been an act of acceptance.
ARTICLE 2299.- Form of resignation. The resignation of the inheritance must be expressed in a public deed; It can also be made in a court record incorporated into the judicial file, provided that the computer system ensures the inalterability of the instrument.
ARTICLE 2300.- Withdrawal of resignation. The resigning heir may withdraw his resignation as long as his right of option has not expired, if the inheritance has not been accepted by other heirs nor has the State been placed in possession of the assets. The retraction does not affect
the rights acquired by third parties over the assets of the inheritance.
ARTICLE 2301.- Effects of resignation. The renouncing heir is considered as if he had never been called to the inheritance, without prejudice to the opening of the right of representation in the cases in which this Code takes place.
TITLE III
Transfer of inheritance
ARTICLE 2302.- Moment from which it produces effects. The transfer of the right to an inheritance already deferred or to an undivided part of it has effects:
a) between the contracting parties, as of its conclusion;
b) with respect to other heirs, legatees and creditors of the transferor, since the public deed is incorporated into the succession file;
c) with respect to the debtor of an inheritance credit, as soon as the assignment is notified.
SECTION 2303.- Extension and exclusions. The transfer of inheritance includes the advantages that may subsequently result by collation, by the waiver of particular provisions of the will, or by the expiration of these.
It does not understand, unless otherwise agreed:
a) the subsequent increase due to a cause other than those expressed, such as the resignation or exclusion of a joint heir;
b) the previously accrued for an unknown cause at the time of the assignment;
c) rights to graves, private documents of the deceased, honorary distinctions, portraits and family memories.
ARTICLE 2304.- Rights of the assignee. The assignee acquires the same rights that corresponded to the assignor in the inheritance. Likewise, you have the right to participate in the full value of the assets that were encumbered after the opening of the succession and before the transfer, and
in the case of those that were consumed or disposed of in the same period, with the exception of the fruits received.
ARTICLE 2305.- Guarantee for eviction. If the assignment is onerous, the assignor guarantees to the assignee his status as heir and the undivided part that corresponds to him in the inheritance, except that his rights have been assigned as litigious or doubtful, without intent on his part. Does not respond
for the eviction or for the vices of the assets of the inheritance, unless otherwise agreed. In the rest, your responsibility is governed by the rules relating to the transfer of rights.
If the transfer is free, the transferor only responds in cases where the donor is responsible. Your liability is limited to damage caused in bad faith.
ARTICLE 2306.- Effects on confusion. The assignment does not produce any effect on the extinction of the obligations caused by confusion.
ARTICLE 2307.- Obligations of the assignee. The assignee must reimburse the assignor what he pays for his part in the debts and charges of the succession until the value of the portion of the inheritance received is concurrent.
The particular charges of the assignor and the taxes levied on the inheritance transfer are in charge of the assignee if they are unpaid at the time of the assignment.
ARTICLE 2308.- Post-community indivision. The provisions of this title apply to the transfer of the rights that correspond to a spouse in the post-community indivision that occurs due to the death of the other spouse.
ARTICLE 2309.- Assignment of specific assets. The transfer of rights over specific assets that are part of an inheritance is not governed by the rules of this Title, but by those of the corresponding contract, and its effectiveness is subject to the asset being attributed to the transferor in
partition.
TITLE IV
Inheritance petition
ARTICLE 2310.- Origin. The inheritance petition proceeds to obtain the total or partial delivery of the inheritance, based on the recognition of the quality of the actor's heir, against whom he is in material possession of the inheritance, and invokes the title of heir.
ARTICLE 2311.- Non-applicability. The inheritance petition is imprescriptible, without prejudice to the acquisitive prescription that can operate in relation to singular things.
ARTICLE 2312.- Restitution of assets. Once the inheritance petition is admitted, the apparent heir must restore what he received without right in the succession, including the things that the deceased was the possessor and those on which he exercised the right of retention.
If restitution in kind is not possible, you owe compensation for the damages.
The assignee of the hereditary rights of the apparent heir is equated to the latter in relations with the plaintiff.
ARTICLE 2313.- Applicable rules. The provisions on the claim regarding the obligations of the holder in good or bad faith, expenses, improvements, appropriation of fruits and products, responsibility for losses and deterioration, apply to the inheritance request.
The possessor in bad faith is the one who knows or should have known of the existence of preferential or concurrent heirs who ignored his appeal.
ARTICLE 2314.- Rights of the apparent heir. If the heir apparent satisfies obligations of the deceased with assets not derived from the inheritance, he has the right to be reimbursed by the heir.
ARTICLE 2315.- Acts of the apparent heir. The acts of administration of the apparent heir carried out until the notification of the demand for the inheritance petition are valid, except that there has been bad faith by him and the third party with whom he contracted.
The acts of disposition for consideration in favor of third parties who ignore the existence of heirs with better or equal rights than the apparent heir, or that the latter's rights are judicially controversial, are also valid.
The heir apparent in good faith must return the price received to the heir; The person in bad faith must compensate for any damage that he has caused.
TITLE V
Liability of the heirs and legatees. Liability settlement
SECTION 2316.- Preference. The creditors for debts of the deceased and for charges of the succession, and the legatees have the right to collect their credits and legacies on the assets of the inheritance, with preference over the creditors of the heirs.
ARTICLE 2317.- Responsibility of the heir. The heir is bound by the debts and legacies of the succession only up to the concurrence of the value of the inherited assets received. In the event of a plurality of heirs, they respond with the undivided estate.
ARTICLE 2318.- Legacy of universality. If the legacy is of a universality of goods and debts, the legatee is only obliged to pay the debts included in it up to the value of the goods received, without prejudice to the subsidiary action of the creditors against the
heirs and other legatees in the event of insufficiency of the assets of universality.
ARTICLE 2319.- Action against the legatees. The creditors of the deceased have action against the legatees up to the value of what they receive; this action expires one year from the day they collect their legacies.
SECTION 2320.- Refund. The heir or legatee who pays a portion of the debts or legacies greater than his share has an action against his joint heirs or colleagues for the reimbursement of the surplus, and up to the limit of the part that each of them had to bear.
personally, even in the case of subrogation in the rights of the person receiving the payment.
ARTICLE 2321.- Responsibility with the own goods. Responds with his own assets for the payment of the debts of the deceased and charges of the inheritance, the heir who:
a) does not make the inventory within a period of three months from when the creditors or legatees judicially notify it to be carried out;
b) fraudulently conceals the assets of the estate by omitting their inclusion in the inventory;
c) willfully exaggerates the inheritance liability;
d) alienates assets of the succession, except that the act is convenient and the price obtained enters the estate.
ARTICLE 2322.- Priority of the heir's creditors over the heir's assets. In the cases provided for in article 2321, regarding the heir's assets, the heir's creditors collect according to the following range:
a) for the credits originated before the opening of the succession, with preference with respect to the creditors of the deceased and the legatees;
b) for credits originated after the opening of the succession they concur pro rata with the creditors of the deceased.
TITLE VI
State of indivision
CHAPTER 1
Extrajudicial administration
SECTION 2323.- Applicability. The provisions of this Title apply in any succession in which there is more than one heir, from the death of the deceased to the partition, if there is no designated administrator.
ARTICLE 2324.- Conservatory acts and urgent measures. Any of the heirs may take the necessary measures for the preservation of the undivided assets, using the undivided funds in their possession for this purpose. In the absence of them, you can force
co-heirs to contribute to the payment of necessary expenses.
ARTICLE 2325.- Acts of administration and disposition. The acts of administration and disposition require the consent of all the joint heirs, who can give one or more of them or third parties a general mandate of administration.
Express powers are necessary for any act that exceeds the normal exploitation of undivided assets and for the hiring and renovation of locations.
If one of the joint heirs takes charge of the administration with the knowledge of the others and without opposition from them, it is considered that there is a tacit mandate for the acts of administration that do not require express powers in the terms of the previous paragraph.
SECTION 2326.- Absence or impediment. The acts granted by a joint heir on behalf of another who is absent, or temporarily impeded, are governed by the rules of business management.
ARTICLE 2327.- Urgent measures. Even before the opening of the judicial succession process, at the request of a joint heir, the judge can order all urgent measures required by the common interest, including authorizing the exercise of rights derived from securities,
shares or corporate quotas, the receipt of undivided funds, or the granting of acts for which the consent of the other successors is necessary, if their refusal endangers the common interest.
Likewise, he can designate a temporary administrator, prohibit the movement of movable things, and attribute to one or other of the joint heirs the personal use of these.
ARTICLE 2328.- Use and enjoyment of the goods. The heir can use and enjoy the undivided thing according to his destiny, to the extent compatible with the rights of the other partners. If there is no agreement between the interested parties, the exercise of this right must be regulated,
provisional way, by the judge.
The co-participant who uses the undivided thing privately is obliged, unless otherwise agreed, to pay compensation, as long as it is required.
ARTICLE 2329.- Fruits. The fruits of the undivided assets accrue to the indivision, unless there is a provisional partition.
Each of the heirs is entitled to the benefits and bears the losses in proportion to their share in the indivision.
EPISODE 2
Forced indivision
ARTICLE 2330.- Indivision imposed by the testator. The testator may impose on his heirs, even heirs, the indivision of the inheritance for a period of no more than ten years.
You can also order that it remain undivided for that period or, in the case of minor heirs, until all of them reach the age of majority:
a) a specific good;
b) a commercial, industrial, agricultural, livestock, mining, or any other establishment that constitutes an economic unit;
c) the social shares, quotas or shares of the company of which it is the main partner or shareholder.
In all cases, any period exceeding the maximum allowed is understood to be reduced to this.
The judge may authorize the total or partial division before expiration of the term, at the request of a joint heir, when serious circumstances or reasons of manifest utility concur.
ARTICLE 2331.- Indivision Pact. The heirs may agree that the indivision between them lasts totally or partially for a period not exceeding ten years, without prejudice to the provisional partition of use and enjoyment of the assets between the partners.
If there are incapable heirs or with restricted capacity, the agreement concluded by their legal representatives or with the participation of the persons who assist them requires judicial approval.
These agreements can be renewed for the same term as the term previously established.
Any of the joint heirs can request the division before the expiration of the term, provided there are justified causes.
ARTICLE 2332.- Opposition of the spouse. If in the inheritance there is a commercial, industrial, agricultural, livestock, mining or other establishment that constitutes an economic unit, or social shares, quotas or shares of a company, the surviving spouse who has
acquired or constituted in whole or in part the establishment or that is the main partner or shareholder of the company, you can object to their inclusion in the partition, except that they can be awarded in your lot.
The spouse who did not acquire or establish the establishment but who actively participates in its operation has the same right.
In these cases, the indivision is maintained for up to ten years from the death of the deceased, but can be judicially extended at the request of the surviving spouse until his death.
During the indivision, the administration of the establishment, of the social shares, quotas or shares corresponds to the surviving spouse.
At the request of any of the heirs, the judge may authorize the cessation of the indivision before the fixed term, if there are serious causes or of manifest economic utility that justify the decision.
The surviving spouse can also oppose that the dwelling that was the habitual residence of the spouses at the time of the deceased's death and that has been acquired or built totally or partially with community funds, with its furniture, be included in the partition, while he
survive, unless it can be awarded to you in your lot. The heirs can only request the cessation of the indivision if the surviving spouse has assets that allow him to procure another house sufficient for his needs.
ARTICLE 2333.- Opposition of an heir. In the same circumstances as those established in article 2332, an heir can oppose the inclusion in the partition of the establishment that constitutes an economic unit if, before the death of the deceased, he has participated
actively in the operation of the company.
ARTICLE 2334.- Opposition against third parties. Creditors' rights. To be enforceable against third parties, the indivision authorized by articles 2330 to 2333 that includes registrable assets must be registered in the respective registries.
During the indivision, the creditors of the joint heirs cannot execute the undivided property or an ideal portion of it, but they can collect their credits with the exploitation profits corresponding to their debtor.
The indivisions do not prevent the right of the creditor of the deceased to collect their credits on the undivided assets.
TITLE VII
Succession process
CHAPTER 1
General disposition
SECTION 2335.- Purpose. The purpose of the succession process is to identify the successors, determine the content of the inheritance, collect the credits, pay the debts, legacies and charges, render accounts and deliver the assets.
ARTICLE 2336.- Competition. The competence to understand the succession trial corresponds to the judge of the deceased's last domicile, without prejudice to the provisions of Section 9, Chapter 3, Title IV of Book Six.
The same judge hears the actions of petition for inheritance, nullity of will, of other litigation that take place on the occasion of the administration and liquidation of the inheritance, of the execution of testamentary provisions, of the maintenance of the indivision, of the
partition operations, the guarantee of the lots between the partners and the reform and nullity of the partition.
If the deceased leaves only one heir, the personal actions of the deceased's creditors may be directed, at their option, before the judge of the deceased's last domicile or before the one corresponding to the domicile of the sole heir.
EPISODE 2
Investiture of the quality of heir
ARTICLE 2337.- Investiture of full right. If the succession takes place between ascendants, descendants and spouse, the heir is invested with his capacity as such from the day of the death of the deceased, without any formality or intervention of the judges, even if he ignores the opening
of succession and its appeal to inheritance. You can exercise all the transferable actions that corresponded to the deceased. However, for the purposes of transferring registrable assets, their investiture must be recognized through the judicial declaration of heirs.
ARTICLE 2338.- Judicial powers. In the succession of collaterals, it is up to the judge of the succession trial to invest the heirs of their character as such, after justifying the death of the deceased and the hereditary title invoked.
In testamentary successions, the investiture results from the declaration of formal validity of the will, except for the heirs listed in the first paragraph of article 2337.
ARTICLE 2339.- Testamentary succession. If the deceased has left a will by public act, it must be presented or the place where it is located must be indicated.
If the testament is holographic, it must be presented in court to proceed, after opening if closed, to record the status of the document, and to verify the authenticity of the writing and the testator's signature, through calligraphic expertise. Fulfilled
these procedures, the judge must sign the beginning and end of each of its pages and send it to be formalized. Likewise, if any interested party requests it, they must be given a certified copy of the will. The protocolization does not prevent the authenticity or validity of the
testament through contentious process.
SECTION 2340.- Intestate succession. If there is no will, or the latter does not have all the assets, the interested party must state if the right he seeks is exclusive, or if other heirs concur.
Once the death is justified, the heirs denounced in the file are notified, and the summons of heirs, creditors and all those who are considered entitled to the property left by the deceased are ordered, by an edict published for one day in the newspaper of publications
officers, so that they accredit it within thirty days.
CHAPTER 3
Inventory and appraisal
SECTION 2341.- Inventory. The inventory must be made by summoning the heirs, creditors and legatees whose domicile is known.
The inventory must be carried out within a period of three months from when the creditors or legatees have judicially intimidated the heirs to carry it out.
ARTICLE 2342.- Denunciation of assets. By the unanimous will of the co-owners of the undivided estate, the inventory may be replaced by the complaint of assets, unless the inventory has been requested by creditors or is imposed by another provision of the law.
SECTION 2343.- Appraisal. The valuation must be made by whoever is appointed by the co-owners of the undivided estate, if they agree and are all fully capable or, otherwise, by whoever is appointed by the judge, according to local law. The value of the goods should be set at the earliest period
possible next to the act of partition.
SECTION 2344.- Challenges. The co-owners of the undivided estate, the creditors and legatees may totally or partially contest the inventory and the appraisal or the complaint of assets.
If it is shown that it is not in accordance with the value of the goods, the total or partial rebate of these is ordered.
CHAPTER 4
Judicial administration of the succession
SECTION 1
Appointment, rights and duties of the administrator
SECTION 2345.- Capacity. Fully capable human persons, and legal persons authorized by law or the statutes to administer other people's assets, can exercise the position of administrator.
SECTION 2346.- Appointment of administrator. The co-owners of the undivided estate may appoint the administrator of the inheritance and provide the way to replace it. In the absence of a majority, any of the parties may judicially request their appointment, which must fall
preferably, if there are no reasons that justify another decision, on the surviving spouse and, in the absence, resignation or lack of suitability of the latter, in any of the heirs, except that there are special reasons that make it inconvenient, in which case it may designate yet

strange.
ARTICLE 2347.- Appointment by the testator. The testator may appoint one or more administrators and establish the mode of their replacement.
An administrator is considered to be someone who has been expressly designated as such by the testator, or has been designated as liquidator of the succession, executor, executor of the will or in another similar way.
ARTICLE 2348.- Plurality of administrators. In the event of a plurality of administrators, the position is held by each of those named in the order in which they are appointed, except that the appointment has provided that they must act jointly.
In the case of joint appointment, if one of them is prevented, the others can act alone for conservatory and urgent acts.
ARTICLE 2349.- Remuneration and expenses. The administrator has the right to be reimbursed for the necessary and useful expenses incurred in the fulfillment of his function.
You are also entitled to remuneration. If it has not been set by the testator, nor is there an agreement between the administrator and the co-owners of the undivided estate, it must be determined by the judge.
ARTICLE 2350.- Guarantees. The administrator is not obliged to guarantee the fulfillment of his obligations, except that the testator or the majority of the co-owners of the undivided estate requires it, or that the judge orders it at the request of the interested party who demonstrates the need for the
measure.
If the guarantee is required, the administrator omits to constitute it or refuses to do so within the term set by the judge, he must be removed from the position.
SECTION 2351.- Removal. Any interested party may request the judge to remove the administrator if there is an impossibility of exercising the position or poor performance of it.
While processing the request, which is substantiated by the shortest route allowed by procedural legislation, it continues in the exercise of its functions if the judge does not decide to appoint a provisional administrator.
ARTICLE 2352.- Urgent measures. If the administrator has not yet been appointed, refuses the position, delays in accepting it or must be replaced, any interested party can request urgent measures to ensure their rights, such as the inventory faction, the deposit of
assets, and any other measure that the judge deems appropriate for their security or the appointment of provisional administrator. The expenses caused by these measures are in charge of the undivided estate.
SECTION 2
Administrator functions
ARTICLE 2353.- Administration of the goods. The administrator must perform the conservatory acts of the assets and continue the normal course of business of the deceased.
It can, by itself, dispose of movable things liable to perish, rapidly depreciate or whose maintenance is manifestly onerous. For the alienation of other assets, you need the unanimous agreement of the heirs or, failing that, judicial authorization.
In addition to managing the assets of the inheritance, you must promote their realization to the extent necessary for the payment of debts and legacies.
ARTICLE 2354.- Collection of credits and legal actions. With prior judicial authorization or from the partners, if they are fully capable and present, the administrator must collect the credits from the deceased, continue the actions promoted by him, initiate those that are necessary.
to enforce their rights, and appear in the processes in which the deceased was sued.
In no case can you perform acts that matter provision of the rights of the deceased.
SECTION 2355.- Rendering of accounts. Except that the majority of the co-owners of the undivided estate have agreed to another term, the administrator of the inheritance must render accounts of its administration quarterly, or with the periodicity that the judge establishes.
CHAPTER 5
Payment of debts and legacies
ARTICLE 2356.- Presentation of creditors. Hereditary creditors who are not holders of collateral must appear at the estate and report their claims in order to be paid. Credits whose amounts are not definitively fixed are reported to
provisional title based on an estimate.
ARTICLE 2357.- Declaration of legitimate payment. The heirs can recognize the creditors of the deceased who request the declaration of legitimate payment of their credits. Once such a declaration is issued by the judge, the recognized creditor must be paid according to the order established by
the next article. In the absence of express and unanimous recognition of the heirs, the creditor is empowered to deduct the shares that correspond to him.
ARTICLE 2358.- Payment procedure. The administrator must pay the creditors presented according to the rank of preference of each credit established in the bankruptcy law.
Once the creditors are paid, the legacies are fulfilled, within the limits of the available portion, in the following order:
a) those who have preference granted by the will;
b) those of a certain and determined thing;
c) the other legacies. If there are several of the same category, they are paid pro rata.
ARTICLE 2359.- Guarantee of the creditors and legatees of the succession. The creditors of the deceased, the creditors for charges of the estate and the legatees can oppose the delivery of the assets to the heirs until the payment of their credits or legacies.
SECTION 2360.- Insolvent undivided estate. In the event of patrimonial imbalance or insufficiency of the hereditary assets, the co-owners of the estate may request the opening of the bankruptcy or the declaration of bankruptcy of the undivided estate, in accordance with the provisions of the
bankruptcy legislation. The same right, and according to the same regulations, belongs to the creditors.
CHAPTER 6
Conclusion of the judicial administration
SECTION 2361.- Definitive account. Once the administration is concluded, the administrator must present the final account.
ARTICLE 2362.- Form of the account. If all the co-owners of the undivided estate are fully capable and agree, the rendering of accounts is made privately, leaving the expenses in charge of the undivided estate.
Otherwise, it must be done judicially. The co-owners of the undivided estate must be given a view of it, who can challenge it.
TITLE VIII
Partition
CHAPTER 1
Partition action
ARTICLE 2363.- Conclusion of the indivision. Hereditary indivision only ceases with partition. If the partition includes registrable assets, it is enforceable against third parties from its registration in the respective registries.
SECTION 2364.- Legitimation. The co-owners of the undivided estate and the assignees of their rights may request the partition. They can also do it, by means of subrogation, their creditors, and the beneficiaries of legacies or positions that weigh on an heir.
In the event of the death of an heir, or the transfer of his rights to several people, any of the heirs or assignees may request the partition; but if all of them do, they must unify their representation.
SECTION 2365.- Opportunity to request it. The partition can be requested at any time after approval of the inventory and appraisal of the goods.
However, any of the partners may request that the partition be postponed in whole or in part for the time set by the judge if its immediate realization may be detrimental to the value of the undivided assets.
ARTICLE 2366.- Conditional heirs. The heirs instituted under suspensive condition cannot request the partition while the condition is not fulfilled, but the joint heirs can request it, ensuring the right of the conditional heirs.
Those instituted under resolutive condition can request the partition, but they must ensure the right of those who replace them when the condition is fulfilled.
ARTICLE 2367.- Partial partition. If a part of the assets is not susceptible of immediate division, the partition of those that are currently partible can be requested.
ARTICLE 2368.- Prescription. The inheritance partition action is imprescriptible as long as the indivision continues, but there is a long acquisitive prescription of the individual assets if the indivision has in fact ceased because one of the partners has intervened their title
owning them as sole owner, during the period established by law.
EPISODE 2
Ways to partition
ARTICLE 2369.- Private partition. If all the partners are present and fully capable, the partition can be made in the form and by the act that they unanimously deem appropriate. The partition can be total or partial.
ARTICLE 2370.- Provisional partition. The partition is considered merely provisional if the partners have only made a division of the use and enjoyment of the inheritance assets, leaving the property undivided. The provisional partition does not prevent the right to request the final partition.
ARTICLE 2371.- Judicial partition. The partition must be judicial:
a) if there are incapable partners, with restricted capacity or absent;
b) if third parties, based on a legitimate interest, oppose the partition to be made privately;
c) if the partners are fully capable and do not agree to do the partition privately.
ARTICLE 2372.- Bidding. Any of the partners may request the tender of any of the assets of the inheritance to be awarded within his daughter for a value higher than the appraisal, if the other partners do not exceed their offer.
Once the bidding has been carried out between the heirs, the good tendered must be imputed to the acquirer's daughter, for the value obtained in the bidding, thus being modified the appraisal of that good.
The offer can be made by two or more partners, in which case the property is jointly awarded to the bidders, and is allocated proportionally to the children of each of them.
The tender cannot be requested after thirty days have passed from the approval of the appraisal.
ARTICLE 2373.- Partidor. The judicial partition is made by a party or by several who act together.
In the absence of unanimous agreement of the partners for their appointment, the appointment must be made by the judge.
ARTICLE 2374.- Principle of partition in kind. If it is possible to divide and allocate the goods in kind, neither of the partners can demand their sale.
Otherwise, the goods must be sold and the obtained product distributed. Part of the assets can also be sold if necessary to enable batching.
SECTION 2375.- Wasteful division. Although the assets are divisible, they should not be divided if this makes the use of the parts uneconomical.
If they are not tendered, they can be awarded to one or more of the partners who accept them, compensating in money the difference between the value of the goods and the amount of the children.
SECTION 2376.- Composition of the mass. The partible estate includes the deceased's assets that exist at the time of the partition or those that have been subrogated to them, and the accretions of both. Debts are deducted and the values ​that must be collated are added and
the goods subject to reduction.
ARTICLE 2377.- Formation of lots. For the formation of the lots, the nature or destination of the goods is not taken into account, unless the rules regarding preferential allocation are applicable. The subdivision of the properties and the division of the properties should be avoided.
Business.
If the composition of the mass does not allow to form lots of equal value, the differences between the value of the goods that make up a lot and the amount of the corresponding hijuela must be covered with money, guaranteeing the outstanding balance to the satisfaction of the creditor. The balance cannot
exceed half the value of the lot, except in the case of preferential attribution.
Unless otherwise agreed, if the debtor of the balance is granted terms for payment and, due to economic circumstances, the value of the assets attributed to it increases or decreases appreciably, the amounts owed increase or decrease in the same proportion.
If there are things encumbered with real security rights, the respective debt must be placed in charge of the successful bidder, the difference between the value of the thing and the amount of the debt being imputed to the daughter.
The sums that must be collated by one of the joint heirs are charged to his rights over the estate.
ARTICLE 2378.- Assignment of lots. The lots corresponding to children of the same amount must be assigned by the party with the agreement of the heirs and, in the event of opposition from any of them, by lottery.
In any case, sufficient assets must be reserved to pay for outstanding debts and charges, as well as unpaid legacies.
SECTION 2379.- Titles. Common objects. The acquisition titles of the goods included in the partition must be delivered to the successful bidder. If some property is awarded to several heirs, the title is delivered to the owner of the highest quota, and it is given to the other interested parties.
certified copy at the expense of the estate.
The objects and documents that have an affection or honorific value are indivisible, and their custody must be entrusted to the heir that the parties choose in each case and, in the absence of agreement, to the one designated by the judge. The same solution applies when the thing is awarded to all the heirs
in equal parts.
SECTION 2380.- Preferential establishment allocation. The surviving spouse or an heir may request preferential allocation in the partition, with the charge of paying the balance, if any, of the agricultural, commercial, industrial, artisanal or service establishment that constitutes
an economic unit, in whose formation he participated.
In the case of exploitation in a social form, the preferential attribution of social rights may be requested, if this does not affect the legal provisions or statutory clauses on the continuation of a partnership with the surviving spouse or with one or more heirs.
The balance must be paid in cash, unless otherwise agreed.
ARTICLE 2381.- Preferential allocation of other assets. The surviving spouse or an heir can also request preferential attribution:
a) the property or the right to the location of the property that serves as a room for him, if he had his residence there at the time of death, and of the furniture existing therein;
b) of the property or the right to the location of the premises for professional use where he carried out his activity, and of the furniture in it;
c) the set of movable things necessary for the exploitation of a rural property carried out by the deceased as tenant or sharecropper when the lease or sharecropping continues for the benefit of the plaintiff or a new lease is contracted with him.
ARTICLE 2382.- Petition by various interested parties. If the preferential attribution is requested by several partners who do not agree to be assigned jointly, the judge must decide it taking into account the aptitude of the applicants to continue the exploitation and the
importance of your personal participation in the activity.
ARTICLE 2383.- Real right of residence of the surviving spouse. The surviving spouse has a real right to live in for life and free of charge in full right over the property owned by the deceased, which constituted the last conjugal home, and that at the opening of the succession did not
he was in a condominium with other people. This right is unenforceable to the creditors of the deceased.
ARTICLE 2384.- Charges of the mass. The expenses caused by the partition or liquidation, and the events for common benefit, are charged to the estate.
Unnecessary work or disbursements or those referring to rejected orders are not common, which must be borne exclusively by the heirs who cause them.
CHAPTER 3
Collation of donations
ARTICLE 2385.- Persons obliged to collate. The descendants of the deceased and the surviving spouse who attend the intestate succession must collate to the estate the value of the goods that were donated by the deceased, except dispensation or improvement clause
expressed in the act of donation or in the will.
Said value is determined at the time of the partition according to the state of the property at the time of the donation.
There is also an obligation to collate in the testamentary successions if the testator calls to receive the same portions that would correspond to the spouse or descendants in the intestate succession.
The bequest made to the descendant or to the spouse is considered to be made by way of improvement, unless the testator has expressly provided otherwise.
ARTICLE 2386.- Unofficial donations. The donation made to a descendant or spouse whose value exceeds the sum of the available portion plus the legitimate portion of the donee, even if there is a collation or improvement dispensation, is subject to reduction by the value of the excess.
ARTICLE 2387.- Renouncing heir. The descendant or the spouse who renounces the inheritance can keep the donation received or claim the legacy made, up to the limit of the available portion.
ARTICLE 2388.- Heir who was not at the time of the donation. The descendant who was not a presumptive heir at the time of the donation, but who is heir, does not owe collation.
The spouse does not owe collation when the donation is made before the marriage.
ARTICLE 2389.- Donation to the descendant or ascendant of the heir. Donations made to the descendants of the heir should not be collated by the heir.
The descendant of the donee who attends the succession of the donor by representation must collate the donation made to the represented ascendant.
ARTICLE 2390.- Donation to the spouse of the heir. Donations made to the spouse of the heir should not be collated by him.
Those made jointly to both spouses must be collated by the half, by which it is heir.
ARTICLE 2391.- Benefits made to the heir. The descendants and the surviving spouse obliged to collate must also collate the benefits received as a result of conventions made with the deceased that were intended to provide them with a particular advantage,
Except dispensation and the provisions for the disabled heir in article 2448.
SECTION 2392.- Benefits excluded from the collation. No collation is due for food expenses; nor for those of medical assistance, however extraordinary they may be; nor for those of education and professional or artistic training of the descendants, unless they are
disproportionate to the fortune and condition of the deceased; nor for wedding expenses that do not exceed what is reasonable; nor by the present use; nor for the life insurance that corresponds to the heir, but yes for the premiums paid by the deceased to the insurer, until the concurrence
of the premium collected by the insured. It is also owed by the employee to establish the joint heir or for the payment of his debts.
ARTICLE 2393.- Death without fault. No collation is due for the good that has perished through no fault of the donee. But if he has received compensation, he owes it for its amount.
ARTICLE 2394.- Fruits. The heir obliged to collate does not owe the fruits of the assets subject to collation, but owes the interests of the collateral value from the notification of the claim.
ARTICLE 2395.- Right to request collation. The collation can only be requested by the person who was presumptive joint heir on the date of the donation.
The surviving spouse cannot request the collation of the donations made by the deceased before the marriage.
ARTICLE 2396.- Way of making the collation. The collation is made by adding the value of the donation to that of the estate after the debts have been paid, and attributing that value to the donee's lot.
CHAPTER 4
Debt collation
SECTION 2397.- Debts that are collated. The debts of one of the joint heirs in favor of the deceased that were not paid voluntarily during the indivision are collated to the estate, even if they are for a period not expired at the time of the partition.
ARTICLE 2398.- Suspension of the rights of the joint heirs. Co-heirs cannot demand payment before partition.
ARTICLE 2399.- Debts arising during the indivision. The collation of debts is also applied to the sums of which a joint heir becomes a debtor towards the others on the occasion of the indivision, when the credit is relative to the undivided assets, except that the latter receive the
payment before partition.
ARTICLE 2400.- Interests. Collatable sums produce interest from the opening of the succession if the co-heir was the deceased's debtor, if they did not already accrue them previously, and from the birth of the debt if it arises on the occasion of the indivision.
ARTICLE 2401.- Joint debtor and creditor at the same time. If the debtor joint heir is also a creditor, although his credit is not yet due at the time of the partition, there is compensation and only the excess of his debt over his credit is collated.
ARTICLE 2402.- Way of making the collation. The collation of debts is made by deducting their amount from the debtor's portion. If they exceed it, you must pay them in the conditions and terms established for the obligation.
The imputation of the debt to the lot of the debtor joint heir is enforceable against his creditors.
CHAPTER 5
Partition effects
ARTICLE 2403.- Declarative effect. The partition is declarative and not translational of rights. By reason of this, it is judged that each heir succeeds only and immediately the deceased in the assets included in his daughter and in which they are attributed by tender, and that he did not have
any right in which they correspond to their joint heirs.
The same solution is understood with respect to the assets attributed by any other act that has had the effect of making the undivided cease totally, or partially only with respect to certain assets or certain heirs.
Acts validly granted with respect to any asset of the hereditary estate retain their effects as a result of the partition, whoever is the awardee of the assets that were the object of those acts.
ARTICLE 2404.- Eviction. In case of eviction of the adjudicated assets, or if the successful tenderer suffers any disturbance of the right in the peaceful enjoyment of those, or of the easements due to a cause prior to the partition, each of the heirs is responsible for the
corresponding compensation in proportion to his part, bearing the heir who has expired or injured the part that he is entitled to. If any of the heirs becomes insolvent, their contribution must be covered by all the others.
None of the heirs can excuse their responsibility for having perished the property awarded in the partition, even if it was by fortuitous event.
ARTICLE 2405.- Extension of the guarantee. The eviction guarantee is due for the value of the goods at the time it is produced. In the case of credits, the eviction guarantee ensures their existence and the solvency of the debtor at the time of the partition.
ARTICLE 2406.- Cases excluded from the guarantee. The guarantee of eviction does not take place when it is expressly excluded in the act of partition with respect to a determined risk; nor when the eviction occurs because of the joint heir who suffers it. The knowledge by
Awardee at the time of the partition of the danger of eviction does not exclude the guarantee.
ARTICLE 2407.- Hidden defects. The joint heirs owe each other guarantee of the hidden defects of the adjudicated property.
CHAPTER 6
Nullity and reform of the partition
ARTICLE 2408.- Causes of nullity. The partition can be invalidated for the same reasons that legal acts can be.
The injured party may request nullity, or that a complementary or rectifying partition be made, or the attribution of a supplement to his portion.
ARTICLE 2409.- Other cases of complementary action. Article 2408 applies to any act, whatever its name, the purpose of which is to cease the indivision between the joint heirs, except in the case of a transfer of hereditary rights between joint heirs in the
that there is an area expressed and accepted.
ARTICLE 2410.- Cases in which the actions are not admissible. The actions provided for in this Chapter are not admissible if the joint heir who attempts them alienates all or part of his lot after the cessation of violence, or the discovery of fraud, error or injury.
CHAPTER 7
Partition by ancestors
SECTION 1
General disposition
ARTICLE 2411.- People who can carry it out. The person who has descendants can make the partition of their assets between them by donation or by will.
If she is married, the division of her own assets must include the spouse who retains her hereditary vocation. The division of the property can only be made by donation, through a joint act of the spouses.
ARTICLE 2412.- Goods not included. If the partition made by the ascendants does not include all the assets left at their death, the rest is distributed and divided according to the legal rules.
SECTION 2413.- Collation. When making the partition, either by donation or by will, the ascendant must collate to the estate the value of the assets that they have previously donated and are subject to collation.
SECTION 2414.- Improvement. In the partition, the ascendant can improve one of his descendants or the spouse within the limits of the available portion, but he must expressly express it.
SECTION 2
Partition by donation
SECTION 2415.- Purpose. The partition by donation cannot be for future assets.
It can be done through separate acts if the ascendant intervenes in all of them.
ARTICLE 2416.- Rights transmitted. The donor can transfer full ownership of the donated goods, or only bare ownership, reserving usufruct.
A life annuity in favor of the former can also be agreed between the donor and the donees.
SECTION 2417.- Reduction action. The descendant omitted in the partition by donation or born after it was made, and the one who has received a lot of less value than that corresponding to his legitimate portion, can exercise the action of reduction if at the opening of the succession
there are no other assets of the deceased sufficient to cover it.
ARTICLE 2418.- Value of the goods. In all cases, for the collation and the calculation of the legitimate, the value of the goods must be taken into account at the time the donations are made, valued at constant values.
ARTICLE 2419.- Eviction guarantee. The donees owe each other a guarantee of eviction of the goods received.
The action can be exercised since the eviction occurs, even before the death of the deceased.
SECTION 2420.- Revocation. The partition by donation can be revoked by the ascendant, in relation to one or more of the donees, in the cases in which the revocation of the donations is authorized and when the donee incurs acts that justify the exclusion of the inheritance
out of indignity.
SECTION 3
Partition by testament
ARTICLE 2421.- Alienation of assets. The partition made by will is revocable by the deceased and only takes effect after his death. The subsequent transfer of the will of any of the assets included in the partition does not affect its validity, without prejudice to the
protective actions of the legitimate portion that may correspond.
Its beneficiaries cannot waive it to request a new partition, except by unanimous agreement.
SECTION 2422.- Effects. The partition by will has the same effects as that practiced by the heirs.
SECTION 2423.- Eviction guarantee. The heirs owe each other a guarantee of eviction of the assets included in their lots.
The existence and legitimacy of the rights transmitted is judged at the time of the death of the deceased.
TITLE IX
Intestate successions
Page 14
CHAPTER 1
General disposition
ARTICLE 2424.- Legitimate heir. Intestate successions are deferred to the deceased's descendants, their ascendants, the surviving spouse, and collateral relatives within the fourth degree inclusive, in the order and according to the rules established in this Code.
In the absence of heirs, the assets correspond to the national or provincial State or to the Autonomous City of Buenos Aires, depending on the place where they are located.
ARTICLE 2425.- Nature and origin of the goods. In intestate successions, the nature or origin of the assets that make up the inheritance are not addressed, except for express legal provision to the contrary.
EPISODE 2
Succession of descendants
ARTICLE 2426.- Succession of the children. The children of the deceased inherit it in their own right and in equal parts.
ARTICLE 2427.- Succession of the other descendants. The other descendants inherit by right of representation, without limitation of degrees.
ARTICLE 2428.- Effects of representation. In the event of descendants by representation, the succession is divided by lineage, as if the represented concurred. If the representation drops more than one degree, the subdivision is made again by lineage in each branch.
Within each branch or branch subdivision, the division is made by head.
ARTICLE 2429.- Cases in which it takes place. The representation takes place in the event of pre-existence, resignation or unworthiness of the ascendant.
It is not prevented by the renunciation of the inheritance of the ascendant, but the indignity in the succession of the latter does.
It also applies in testamentary succession, if the testator is limited to confirming the distribution to the inheritance that results from the law.
ARTICLE 2430.- Adoption case. The adoptee and his descendants have the same hereditary rights as the son and his descendants by nature and through assisted human reproduction techniques.
CHAPTER 3
Succession of ancestors
ARTICLE 2431.- Cases of origin. Division. In the absence of descendants, the ancestors closest in degree inherit, who divide the inheritance equally.
ARTICLE 2432.- Kinship by adoption. The adopters are considered ascendants. However, in simple adoption, neither the adopters inherit the assets that the adoptee has received for free from their family of origin, nor does it inherit the assets that the adoptee has received.
received free of charge from his adoptive family. These exclusions do not operate if, as a consequence, there are vacant assets. In other assets, the adopters exclude the parents of origin.
CHAPTER 4
Succession of the spouse
ARTICLE 2433.- Concurrence with descendants. If descendants inherit, the spouse has the same share of the inheritance as a child.
In all cases in which the widow or widower is called in concurrence with descendants, the surviving spouse has no part in the division of community property corresponding to the deceased spouse.
ARTICLE 2434.- Concurrence with ascendants. If the ascendants inherit, the spouse is entitled to half of the inheritance.
SECTION 2435.- Exclusion of collaterals. In the absence of descendants and ascendants, the spouse inherits the entirety, excluding collaterals.
ARTICLE 2436.- Marriage "in extremis". The succession of the spouse does not take place if the deceased dies within thirty days of the marriage as a result of illness existing at the time of the celebration, known to the survivor, and of fatal outcome
foreseeable, except that the marriage is preceded by a convivial union.
ARTICLE 2437.- Divorce, de facto separation and cessation of coexistence resulting from a judicial decision. Divorce, de facto separation without the will to join, and judicial decision of any kind that implies cessation of coexistence, exclude the hereditary right between
spouses.
CHAPTER 5
Succession of collaterals
SECTION 2438.- Extension. In the absence of descendants, ascendants and spouse, collateral relatives inherit up to the fourth degree inclusive.
SECTION 2439.- Order. The collaterals of the closest degree exclude those of a later degree, except the right of representation of the descendants of the siblings, up to the fourth degree in relation to the deceased.
Siblings and descendants of siblings displace other collaterals.
SECTION 2440.- Division. In the concurrence between bilateral siblings and unilateral siblings, each of the latter inherits half of what each of the former inherits.
In the other cases, the collaterals that concur inherit in equal parts.
CHAPTER 6
State rights
SECTION 2441.- Declaration of vacancy. At the request of any interested party or the Public Ministry, the inheritance must be declared vacant if there are no accepting heirs or the deceased has distributed all of the assets through bequests.
When declaring the vacancy, the judge must appoint a curator of the property.
The declaration of vacancy is entered in the corresponding records, by judicial order.
ARTICLE 2442.- Functions of the curator. The conservator must receive the goods under inventory. You must proceed with the payment of debts and legacies, with prior judicial authorization. To this end, in the absence of sufficient money in the inheritance, you must have the assets appraised and liquidated as necessary.
It must render accounts to the State or States that receive the goods.
ARTICLE 2443.- Conclusion of the liquidation. Once the liquidation is concluded, the judge must order the goods to be delivered to the corresponding State.
Whoever subsequently claims hereditary rights must file the inheritance petition. In this case, it must take the assets in the situation in which they are, and the State is considered to be the possessor in good faith.
TITLE X
Legitimate portion
ARTICLE 2444.- Legitimary. They have a legitimate portion of which they cannot be deprived by will or by acts of disposition between the living for free, the descendants, the ascendants and the spouse.
SECTION 2445.- Legitimate portions. The legitimate portion of the descendants is two-thirds, that of the ascendants of a half, and that of the spouse of a half.
Said portions are calculated on the sum of the liquid value of the inheritance at the time of the deceased's death plus that of the donated assets computable for each heir, at the time of the partition, according to the state of the asset at the time of the donation.
For the computation of the portion of each descendant, only the collable or reducible donations are taken into account, made from three hundred days prior to his birth or, where appropriate, to the birth of the ascendant whom he represents, and for that of the spouse. , the facts
after marriage.
ARTICLE 2446.- Concurrence of Legitimaries. If only descendants or only ascendants attend, the available portion is calculated according to the respective legitimate ones.
If the spouse with descendants concurs, the available portion is calculated according to the greater legitimate.
SECTION 2447.- Protection. The testator cannot impose any lien or condition on the legitimate portions; if it does, they are considered unwritten.
SECTION 2448.- Improvement in favor of the heir with a disability. The deceased may dispose, by whatever means he deems appropriate, including through a trust, in addition to the available portion, a third of the legitimate portions to apply them as a strict improvement to
descendants or ascendants with disabilities. For these purposes, a person with a disability is considered to be any person who suffers from a permanent or prolonged functional alteration, physical or mental, which in relation to their age and social environment implies considerable disadvantages for their
family, social, educational or work integration.
ARTICLE 2449.- Irrevocability. The legitimate portion of a succession not yet open is inalienable.
ARTICLE 2450.- Action for the delivery of the legitimate one. The predecessor heir has action so that his legitimate portion is delivered to him, as heir of quota. The heirship also has it when the deceased does not leave property but has made donations.
SECTION 2451.- Complementary action. The heir to whom the testator has left, by any title, less than his legitimate portion, can only ask for his complement.
ARTICLE 2452.- Reduction of testamentary dispositions. In order to receive or supplement his portion, the affected heir may request the reduction of the institutions of quota heirs and bequests, in that order.
The legacies are reduced in the same order established in the second paragraph of article 2358.
SECTION 2453.- Reduction of donations. If the reduction of the testamentary provisions is not sufficient to cover the legitimate portion, the heir may request the reduction of the donations made by the deceased.
The last donation is reduced first, and then the others in reverse order of their dates, until the claimant's right is saved. Those of the same date are reduced pro rata.
ARTICLE 2454.- Effects of the reduction of donations. If the reduction is total, the donation is resolved.
If it is partial, because it only affects the legitimate part in part, and the donated good is divisible, it is divided between the heir and the donee. If it is indivisible, the thing must remain for whoever is entitled to a larger portion, with a credit in favor of the other party for the value of their right.
In any case, the donee may prevent the resolution by delivering to the heir the amount of money necessary to complete the value of his legitimate portion.
The donee is debtor from the notification of the claim, of the fruits or, in case of formulating the option provided in the previous paragraph, of interest.
ARTICLE 2455.- Death of what was donated. If the donated property perishes because of the donee, he owes its value. If you perish through no fault of your own, the value of the donation does not count toward the calculation of the legitimate portion. If it dies partially because of you, you owe the difference in value; what if
partially perishes without your fault, the remaining value is computed.
SECTION 2456.- Insolvency of the donee. In the event of the insolvency of any of the grantees and the impossibility of exercising the recidivist action referred to in article 2458, the reduction action may be brought against the grantees of a previous date.
ARTICLE 2457.- Real rights constituted by the donee. The reduction extinguishes, in relation to the heir, the real rights constituted by the donee or by his successors.
ARTICLE 2458.- Repeated action. The heir may pursue the registrable assets against third party purchasers. The donee and the defendant sub-acquirer, where appropriate, may disinterest the heirship by paying the damage to the legitimate quota in cash.
ARTICLE 2459.- Purchasing prescription. The reduction action does not proceed against the donee or against the sub-acquirer who have owned the donated thing for ten years from the acquisition of the possession. Article 1901 applies.
ARTICLE 2460.- Constitution of usufruct, use, habitation or life annuity. If the free disposition between the living or the legacy is of usufruct, use, habitation, or life annuity, the heir or, where appropriate, all of the heirs, by mutual agreement, can choose between fulfilling it or delivering it.
to the beneficiary the portion available.
ARTICLE 2461.- Transfer of assets to heirs. If, through an act inter vivos for onerous title, the deceased transmits to any of the heirs the ownership of goods with reservation of usufruct, use or habitation, or with the consideration of a life annuity, it is presumed without admitting
it proves to the contrary the gratuity of the act and the intention to improve the beneficiary. However, the amounts that the acquirer proves to have actually paid must be deducted from the value of the donation.
The value of the goods must be imputed to the available portion and the surplus is collated.
This imputation and this collation cannot be sued by the heirs who consented to the alienation, be it onerous or free, with some of the indicated modalities.
TITLE XI
Testamentary successions
CHAPTER 1
General disposition
SECTION 2462.- Testament. Human persons can freely dispose of their assets after their death, respecting the legitimate portions established in Title X of this Book, by means of a will granted with the legal solemnities; that act too
may include extra-property provisions.
ARTICLE 2463.- Applicable rules. The rules established for legal acts apply to wills as long as they are not altered by the provisions of this Title.
SECTION 2464.- Age to test. People of legal age can testify at the time of the act.
ARTICLE 2465.- Personal expression of the will of the testator. The testamentary provisions must be the direct expression of the will of the testator, and be self-sufficient. The power to test is non-delegable. Testamentary dispositions cannot be left to the discretion of a
third.
A will made jointly by two or more people is not valid.
ARTICLE 2466.- Law that governs the validity of the will. The content of the will, its validity or nullity, is judged according to the law in force at the time of the death of the testator.
ARTICLE 2467.- Nullity of the will and testamentary provisions. The testament or, where appropriate, the testamentary disposition is null:
a) for violating a legal prohibition;
b) due to defects in form;
c) for having been granted by a person deprived of reason at the time of testing. The lack of reason must be demonstrated by the person challenging the act;
d) for having been granted by a person judicially declared incapable. However, she can make a will at lucid intervals that are sufficiently certain to ensure that the disease has by then ceased;
e) because the testator is a person who suffers from limitations in his aptitude to communicate orally and, furthermore, does not know how to read or write, except that he does so by public deed, with the participation of an interpreter in the act;
f) for having been granted with error, fraud or violence;
g) for favoring an uncertain person, unless for some circumstance it can become true.
SECTION 2468.- Prohibited condition and position. The conditions and charges constituted by impossible facts, prohibited by law, or contrary to morality, are void but do not affect the validity of the provisions subject to them.
ARTICLE 2469.- Action for annulment. Any interested party may demand the nullity of the will or of any of its clauses unless, having known it, they have ratified the testamentary provisions or have fulfilled them spontaneously.
SECTION 2470.- Interpretation. The testamentary dispositions must be interpreted adapting them to the real will of the deceased according to the total context of the act. The words used must be understood in the ordinary sense, unless it is clear that the testator wanted
give them a technical sense. The other rules of contract interpretation apply, insofar as they are compatible.
ARTICLE 2471.- Obligation to report the existence of the will. Whoever participates in the granting of a will or in whose power it is found, is obliged to communicate it to the interested persons, once the death of the testator has occurred.
EPISODE 2
Forms of wills
SECTION 1
General disposition
ARTICLE 2472.- Law that governs the form. The law in force at the time of the will governs the form of the will.
ARTICLE 2473.- Formal requirements. The testament can be granted only in one of the ways provided in this Code. The formalities determined by law for one kind of will cannot be extended to another kind.
The observance of the imposed solemnities must result from the same testament, without being able to supply it by any evidence.
ARTICLE 2474.- Penalty for non-observance of the forms. Failure to comply with the forms required to grant the will causes its total nullity; but, once the legal forms are satisfied, the nullity of one or more clauses does not harm the remaining parts of the act.
The use of excessive formalities does not vitiate the will.
ARTICLE 2475.- Confirmation of the null testament due to non-observance of the formalities. The testator can only confirm the provisions of a null will due to non-observance of the formalities by reproducing them in another will granted with the formal requirements
relevant.
SECTION 2476.- Signature. When a signature is required in wills, it must be written as the author of it is used to signing public or private instruments. Spelling errors or the omission of letters do not necessarily vitiate the signature, leaving its validity free
to judicial appreciation.
SECTION 2
Holographic will
ARTICLE 2477.- Requirements. The holographic will must be fully written with the characters of the language in which it is granted, dated and signed by the testator's own hand.
The lack of any of these formalities invalidates the act, unless it contains statements or material elements that allow the date to be established in a certain way.
The signature must be after the provisions, and the date can be placed before or after the signature.
The error of the testator on the date does not affect the validity of the act, but the testament is not valid if the testator voluntarily set a false date to violate a provision of public order.
The additions written by strange hand invalidate the will, only if they have been made by order or with the consent of the testator.
SECTION 2478.- Discontinuity. It is not essential to draw up the holographic will all at once or on the same date. The testator may record his provisions at different times, either by dating and signing them separately, or by putting the date on all of them and signing the day
at the end of the will.
SECTION 3
Will by public act
ARTICLE 2479.- Requirements. The will by public act is granted by public deed, before the authorizing notary and two skilled witnesses, whose name and address must be recorded in the deed.
The testator can give the notary his already written provisions or only give him in writing or verbally those that the will must contain so that they can be drafted in the ordinary way. In no case can the written instructions be invoked against the content of the writing
public.
Once the writing of the will is concluded, it is read and signed by the witnesses and the testator. The witnesses must attend from the beginning to the end of the act without interruption, which must be stated by the notary public.
The provisions of articles 299 et seq. Apply to this class of will.
ARTICLE 2480.- Signature upon request. If the testator does not know how to sign, or cannot do so, another person or one of the witnesses can do it for him. In this case, the two witnesses must know how to sign. If the testator knows how to sign and states otherwise, the will is not valid. If knowing
sign, can not do it, the notary must explain the cause for which the testator can not sign.
SECTION 2481.- Witnesses. Capable persons at the time the act is granted can be witnesses to wills.
The ascendants, descendants, the spouse or partner of the testator, or the executors, guardians or curators designated in the will, or the beneficiaries of any of its provisions, cannot be so, in addition to those enunciated in article 295.
The testament in which an incapable or unskilled witness intervenes for the purpose is not valid if, excluding this, there are not enough others.
CHAPTER 3
Inability to succeed by will
ARTICLE 2482.- People who cannot happen. They cannot happen by will:
a) the tutors and curators to their wards, if they die during the guardianship or curatorship or before the definitive accounts of the administration are approved;
b) the notary public and the witnesses before whom the testament has been granted, for the act in which they have intervened;
c) the ministers of any cult and spiritual leaders or conductors who have assisted the deceased in his last illness.
ARTICLE 2483.- Sanction. Testamentary dispositions in favor of persons who cannot succeed by will are of no value, even when they are made in the name of interposed persons. They are deemed such, without admitting proof to the contrary, ascendants, descendants, and
the spouse or partner of the person prevented from succeeding.
Fraud of the law can be proven by any means.
Those unable to succeed by will who are in possession of the assets left by the testator are considered in bad faith.
CHAPTER 4
Institution and replacement of heirs and legatees
ARTICLE 2484.- General principle. The institution of heirs and legatees can only be done in the will and should not leave doubts about the identity of the person instituted.
ARTICLE 2485.- Special cases. The institution of relatives is understood to be made to those of the closest degree, according to the order of intestate succession and taking into account the right of representation. If at the date of the will there is only one relative in the closest degree, it is
those of the next grade understand calls at the same time.
The institution in favor of simple associations is understood to be made in favor of the respective superior authorities of the place of the last domicile of the testator in charge of applying the assets for the purposes indicated by the deceased.
The institution of the poor is understood to be made to the municipal State of the place of the last domicile of the testator or the Autonomous City of Buenos Aires, where appropriate, in charge of applying the assets for social assistance purposes.
The institution in favor of the soul of the testator or other people is understood to be made to the superior authority of the religion to which the testator belongs, in charge of applying the assets to suffrages and social assistance purposes.
ARTICLE 2486.- Universal heirs. The heirs instituted without allocation of parts succeed the deceased in equal parts and are entitled to all the assets of the inheritance to which the testator has not given a different destination.
If the testament establishes one or more heirs with allocation of parts and another or others without it, the remainder of assets corresponds to them after the portions attributed by the testator have been satisfied. If they absorb the entire inheritance, they are proportionally reduced,
so that each heir without designated party receives as much as the heir established in the minor fraction.
ARTICLE 2487.- Cases of institution of universal heirs. The institution of universal heirs does not require the use of sacramental terms. It is especially constituted by:
a) the attribution of the universality of the assets of the inheritance, even if it is limited to bare ownership;
b) the legacy of what remains after the completion of the other legacies;
c) the legacies that absorb the totality of the assets, if the testator grants the legatees the right of accretion.
The heir established in one or more specified assets is a legatee.
ARTICLE 2488.- Quota heirs. The heirs instituted in a fraction of the inheritance do not have a vocation to all the assets of the inheritance, except that it must be understood that the testator has wanted to confer that call on them for the assumption that they cannot be fulfilled, for whatever reason.
cause, the other testamentary provisions.
If the addition of the fractions consigned in the will exceeds the unit, they are reduced proportionally up to that limit. If the sum of the fractions does not cover the entire estate, the remainder of the assets corresponds to the legitimate heirs and, in the absence of them, to the heirs
instituted in proportion to their fees.
ARTICLE 2489.- Right to increase. When the testator establishes several heirs in the same installment, or attributes an asset jointly to several legatees, each beneficiary proportionally takes advantage of the part belonging to the heir or legatee whose right is frustrated
or expires.
Those favored by the accretion are subject to the obligations and burdens that weighed on the accrued part, unless they are of a personal nature.
The right of accretion is transmitted to the heirs.
ARTICLE 2490.- Legacy of usufruct. The death of the usufruct colleague, subsequent to that of the testator, does not produce the accretion of the other colleague unless otherwise provided in the will.
SECTION 2491.- Substitution. The power to institute heirs or legatees does not matter the right to impose a successor to those instituted. The provision that violates this prohibition does not affect the validity of the institution, and is effective if it can be valid in either of the two cases in the paragraph
following.
The testator can subrogate the instituted for the assumption that the latter does not want or cannot accept the inheritance or legacy. The substitution established for one of these cases is valid for the other.

The substitute heir or legatee is subject to the same charges and conditions imposed on the substituted if it does not appear clearly that the testator wanted to limit them to the first call.
ARTICLE 2492.- Substitution of waste. The disposition of the testator by which he calls a third party to receive the remainder of his inheritance upon the death of the heir or instituted legatee is not valid. The nullity of this provision does not harm the rights of those instituted.
SECTION 2493.- Testamentary trust. The testator can establish a trust over the entire inheritance, an undivided part or certain assets, and establish instructions to the heir or trustee legatee, in accordance with the provisions established in Section 8, Chapter 30,
Title IV of the Third Book. The constitution of the trust must not affect the legitimate of the forced heirs, except in the case provided for in article 2448.
CHAPTER 5
Legacies
ARTICLE 2494.- Applicable standards. The heir is obliged to fulfill the legacies made by the testator in accordance with the provisions of this Code on obligations in general, except expressly provided otherwise in this Chapter.
ARTICLE 2495.- Legacy subject to the discretion of a third party or the heir. The legacy cannot be left to the discretion of a third party or the heir.
SECTION 2496.- Acquisition of the legacy. Modalities. The right to the legacy is acquired from the death of the testator or, where appropriate, from the fulfillment of the condition to which it is subject.
The bequest with a charge is governed by the provisions relating to donations subject to this modality.
ARTICLE 2497.- Assets that can be bequeathed. All goods that are in trade can be bequeathed, even those that do not yet exist but will exist later. The legatee of certain assets is the owner of them from the death of the deceased and can exercise all
the shares that he owned.
ARTICLE 2498.- Legacy of a certain and determined thing. The legatee of a certain and determined thing can claim it, summoning the heir. You must request delivery to the heir, the administrator or the executor, even if you have it by any title.
The costs of delivering the legacy are in charge of the succession.
SECTION 2499.- Delivery of the legacy. The heir must deliver the thing bequeathed in the state in which it is at the death of the testator, with all its accessories.
ARTICLE 2500.- Legacy of encumbered thing. The heir is not obliged to release the thing bequeathed from the burdens it bears. The legatee responds for the obligations to whose satisfaction the thing bequeathed is affected, up to the concurrence of its value.
ARTICLE 2501.- Legacy of property. The legacy of a property includes existing improvements, whatever the period in which they were made. The lands acquired by the testator after testating, which constitute an extension of the legacy estate, are due to the
legatee provided that they are not susceptible to independent exploitation.
ARTICLE 2502.- Gender legacy. The legacy whose purpose is generically determined is valid even if there is no such thing in the testator's estate.
If the choice has been expressly conferred on the heir or the legatee, they may choose, respectively, for the thing of worse or better quality. If there is only one thing in the testator's estate, the legacy must be fulfilled with it.
ARTICLE 2503.- Eviction in the legacy of a fungible thing and in the alternative legacy. If the eviction of the fungible item delivered to the legatee occurs, the legatee can claim the delivery of another of the same kind and quality. If the legacy is alternative, after the eviction of the good delivered to the
legatee, he may request one of the others included in the alternative.
ARTICLE 2504.- Legacy with determination of the place. The legacy of things that must be found in a certain place is fulfilled by delivering the amount there existing at the death of the testator, even if it is less than that designated. If it is greater, delivering the designated amount. If I dont know
find something, nothing is owed.
If the things bequeathed have been temporarily removed from the usual place of location referred to in the will, the legacy includes those that remain in the testator's estate until the amount indicated by the testator is present.
ARTICLE 2505.- Legacy of credit. Legacy of liberation. The legacy of a credit or the release of a debt includes the part of the credit or debt that subsists on the death of the testator and the interest since then. The heir must deliver to the legatee the proofs of
the obligation that the testator had in his power.
Debt release does not include the obligations contracted by the legatee after the date of the will.
ARTICLE 2506.- Legacy to the creditor. What the testator bequeaths to his creditor is not charged to the payment of the debt, unless expressly provided otherwise.
The recognition of a debt made in the will is considered a legacy, unless proven otherwise.
If the testator orders to pay what he erroneously believes he owes, the provision is considered unwritten. If you order to pay more than what you owe, the excess is not considered legacy.
ARTICLE 2507.- Legacy of someone else's property. The legacy of someone else's property is not valid, but is validated with the subsequent acquisition of it by the testator.
The legacy of someone else's property is valid if the testator imposes on the heir the obligation to acquire it in order to transmit it to the legatee or to pay him its fair price if he cannot obtain it in equitable conditions.
If the thing bequeathed has been acquired by the legatee before the opening of the succession, its fair price is owed. The legacy is without effect if the acquisition is free.
ARTICLE 2508.- Legacy of a condominium asset. The legacy of an asset whose ownership is common to several people transmits the rights that correspond to the testator at the time of his death.
The legacy of a property comprised in a common patrimonial mass to several people is valid if the property is awarded to the testator before his death; otherwise, it is worth as a legacy of quantity for the value that the property had at the time of the testator's death.
ARTICLE 2509.- Food legacy. The legacy of food includes the adequate instruction to the condition and aptitudes of the legatee, the sustenance, clothing, housing and assistance in the diseases until he reaches the age of majority or regains the capacity.
If the legatee has reached the age of majority, his lack of aptitude to obtain food persists, it is extended until he is in a position to do so.
The bequest of maintenance to a capable person is valid as a bequest of periodic benefits to the extent provided by the testator.
ARTICLE 2510.- Legacy of periodic payment. When the legacy is of periodic fulfillment, it is understood that there are as many legacies as many benefits must be fulfilled.
As of the testator's death, each installment is owed in full, provided that the corresponding period has begun to elapse, even if the legatee dies during its course.
CHAPTER 6
Revocation and expiration of testamentary provisions
ARTICLE 2511.- Revocability. The testament is revocable at the will of the testator and does not confer on the instituted any rights until the opening of the succession.
The power to revoke the will or modify its provisions is inalienable and unrestricted.
ARTICLE 2512.- Express revocation. The express revocation must comply with the formalities of the wills.
SECTION 2513.- Subsequent will. The later testament revokes the previous one if it does not contain its express confirmation, except that the provisions of the second result in the will of the testator to maintain those of the first in whole or in part.
ARTICLE 2514.- Revocation by marriage. The marriage contracted by the testator revokes the previously granted testament, unless it establishes the spouse as heir or that its provisions result in the will to maintain them after the marriage.
ARTICLE 2515.- Cancellation or destruction of the holographic will. The holographic will is revoked by its cancellation or destruction made by the testator or by his order. When there are several copies of the will, it is revoked by the cancellation or
destruction of all originals, and also when a copy has remained without being canceled or destroyed by mistake, fraud or violence suffered by the testator.
If the testament is totally or partially destroyed or canceled at the testator's home, it is presumed that the destruction or cancellation is his doing, until the contrary is proven.
Accidental alterations or from a stranger do not affect the effectiveness of the will as long as the will of the testator can be identified by the will itself.
No evidence is admitted to prove the provisions of a will destroyed before the death of the testator, even if the destruction was due to fortuitous circumstances.
ARTICLE 2516.- Revocation of the legacy by transmission, transformation or encumbrance of the thing. The transfer of the thing bequeathed revokes the legacy, even if the act is not valid by default of form or the thing returns to the domain of the testator.
The same effect produces the bilateral promise of sale, even if the act is simulated.
The judicially ordered auction and expropriation imply revocation of the legacy, except that the thing returns to the property of the testator.
The transformation of the thing due to the act of the testator implies revocation of the legacy.
The constitution of liens on the thing bequeathed does not revoke the legacy.
ARTICLE 2517.- Responsibility of the heirs. If the thing bequeathed is lost or deteriorated due to the fact or fault of one of the heirs, only the heir for whose fault or fact it has been lost or deteriorated is liable for the legacy.
ARTICLE 2518.- Expiration of the institution due to pre-existence. The institution of heir or legatee expires when the instituted dies before the testator or before the fulfillment of the condition on which the acquisition of the inheritance or legacy depends.
ARTICLE 2519.- Expiration of the legacy due to death and transformation of the thing. The legacy of a certain and determined thing expires when it completely perishes, for whatever reason, before the opening of the succession or the fulfillment of the condition precedent to which it was
submitted; also when he perishes by fortuitous event, after the opening of the succession or the fulfillment of the condition.
If the thing bequeathed partially perishes, the legacy subsists for the part that is preserved.
The legacy expires due to the transformation of the thing through causes beyond the will of the testator, prior to the latter's death or the fulfillment of the suspensive condition.
ARTICLE 2520.- Revocation of the legacy for reasons attributable to the legatee. Legacies can be revoked, at the request of the interested parties:
a) due to ingratitude of the legatee who, after having entered into the enjoyment of the bequeathed property, seriously injures the memory of the deceased;
b) for breach of the charges imposed by the testator if they are the final cause of the disposition. In this case, the heirs are obliged to fulfill the charges.
ARTICLE 2521.- Resignation of the legatee. The legatee can renounce the legacy as long as he has not accepted it.
Any interested party can ask the judge to set a term for the instituted to pronounce, under the warning of having him resign.
ARTICLE 2522.- Partial resignation. Plural legacy. The resignation of a legacy cannot be partial. If two or more bequests have been made to the same person, one of which is with a charge, you cannot renounce it and accept the free bequests.
CHAPTER 7
Executors
ARTICLE 2523.- Powers. The powers of the executor designated in the will are those conferred by the testator and, failing that, those that according to the circumstances are necessary to achieve the fulfillment of his will. The testator cannot release the executor of the
Duties to inventory assets and to render accounts.
If the testator designates several executors, the position is exercised by each of them in the order in which they are named, except that the testator orders the performance of all jointly. In this case, decisions must be made by a majority of executors and, failing this, by the
judge.
ARTICLE 2524.- Form of the appointment. Ability. The appointment of the executor must conform to the testamentary forms, even if it is not made in the will whose execution is entrusted.
Executors can be human persons fully capable at the time they must perform the position, legal persons, and centralized or decentralized public administration agencies.
When a public official is appointed, the appointment is deemed tied to the function, regardless of the person who serves it.
ARTICLE 2525.- Delegation. The executor cannot delegate the commission received, which is not transmitted to his heirs. You are not obliged to act personally; it is allowed to do so by agents acting at its own expense and at its own risk, even when the testator has
designated subsidiary executor.
If the executor acts with legal sponsorship, the fees of the lawyer sponsoring you should only be borne by the estate if their work is necessary or reasonably convenient for the execution of the executor.
ARTICLE 2526.- Duties and powers of the executor. The executor must secure the inheritance and carry out the inventory of the assets with the summons of the interested parties.
He must pay the legacies with the knowledge of the heirs and reserve the assets of the inheritance sufficient to provide for the provisions of the testator, giving them the appropriate destination in a timely manner. You must sue the heirs and legatees for the fulfillment of the charges that the
testator has imposed on them.
The opposition of the heirs or of any of them to the payment of the legacies, suspends their execution until the resolution of the controversy between the heirs and the affected legatees.
The executor is obliged to render accounts of his management to the heirs.
ARTICLE 2527.- Responsibility. The executor is liable for the damages that the breach of his duties causes to heirs and legatees.
ARTICLE 2528.- Powers of heirs and legatees. The heirs and legatees retain the powers whose performance is not attributed by law or by the testator to the executor. The heirs can request the dismissal of the executor for supervening incapacity, negligence,
insolvency or misconduct in the performance of the function, and at any time put an end to its assignment by paying debts and legacies, or depositing the necessary funds for this purpose, or agreeing on the matter with all interested parties.
The heirs and legatees can request the necessary guarantees in case of just fear for the security of the assets that are in the power of the executor.
ARTICLE 2529.- Assumption of non-existence of heirs. When there are no heirs or when the legacies make up the entire estate and there is no right to accrue between the legatees, the executor is the representative of the succession, having to make a judicial inventory of the assets.
assets received and intervene in all lawsuits in which the succession is a party. It is the responsibility of the administration of the inheritance assets in accordance with the provisions for the curator of the vacant inheritance. It is empowered to proceed, with the intervention of the judge, to the transfer of assets
that is essential to fulfill the will of the deceased.
Whenever the validity of the will or the scope of its provisions is questioned, the executor is a party to the trial even when there are instituted heirs.
ARTICLE 2530.- Remuneration. Expenses. The executor must receive the remuneration established in the will or, failing that, that assigned by the judge, according to the importance of the bequeathed assets and the nature and effectiveness of the work performed.
If the executor is a legatee, it is understood that the performance of the function constitutes a position of the legacy, without other remuneration corresponding except that it must be understood, according to the circumstances, that the will of the testator was different.
The executor must be reimbursed for the expenses incurred in fulfilling his duties and the fees or remuneration that correspond to him for useful work for the succession that he has carried out in the exercise of a profession must be reimbursed.
SECTION 2531.- Conclusion. The executor concludes by the complete execution of the will, by the expiration of the term set by the testator and by the death, supervening incapacity, resignation or removal of the executor.
When for any reason the appointed executor ceases and the need to fill the vacant position remains, it is provided by the judge with a hearing of the heirs and legatees.
BOOK SIX
COMMON PROVISIONS
TO THE PERSONAL AND REAL RIGHTS
TITLE I
Prescription and expiration
CHAPTER 1
Provisions common to the release and acquisitive prescription
SECTION 1
General rules
ARTICLE 2532.- Scope of application. In the absence of specific provisions, the rules of this Chapter are applicable to acquisitive and release prescription. Local laws may regulate the latter in terms of the term of taxes.
ARTICLE 2533.- Imperative character. The rules relating to prescription cannot be modified by convention.
SECTION 2534.- Subjects. The prescription operates for and against all people, except legal provision to the contrary.
Creditors and any interested party may oppose the prescription, even if the obligee or owner does not invoke it or waive it.
SECTION 2535.- Resignation. The prescription already won can be waived by the people who can grant acts of disposition. The waiver of the prescription by one of the co-debtors or co-owners has no effect on the others. Return action does not proceed
of the resigning co-debtor against his co-debtors released by prescription.
ARTICLE 2536.- Invocation of the prescription. The prescription can be invoked in all cases, with the exception of the cases provided for by law.
ARTICLE 2537.- Modification of the terms by subsequent law. The prescription periods in progress at the time of entry into force of a new law are governed by the previous law.
However, if that law requires more time than that established by the new laws, they will be fulfilled once the time designated by the new laws elapses, counted from the day of its validity, except that the term established by the old law expires. before the new term
counted from the effective date of the new law, in which case the previous law is maintained.
ARTICLE 2538.- Spontaneous payment. Spontaneous payment of a prescribed obligation is not repeatable.
SECTION 2
Suspension of the prescription
SECTION 2539.- Effects. The suspension of the prescription stops the calculation of time for the period that lasts but takes advantage of the period elapsed until it began.
ARTICLE 2540.- Subjective scope. The suspension of the prescription does not extend in favor or against the interested parties, except in the case of joint and several or indivisible obligations.
ARTICLE 2541.- Suspension by reliable interpellation. The course of the prescription is suspended, only once, by the reliable interpellation made by the holder of the right against the debtor or the holder. This suspension only takes effect for six months or the shorter period.
that corresponds to the prescription of the action.
ARTICLE 2542.- Suspension by request of mediation. The course of the prescription is suspended from the issuance by means of reliable communication of the date of the mediation hearing or from its celebration, whichever occurs first.
The limitation period resumes from twenty days counted from the moment in which the closing act of the mediation procedure is available to the parties.
ARTICLE 2543.- Special cases. The course of the prescription is suspended:
a) between spouses, during marriage;
b) between cohabitants, during the coexistence union;
c) between incapacitated persons and persons with restricted capacity and their parents, guardians, conservators or supporters, during parental responsibility, guardianship, conservatorship or support measure;
d) between legal persons and their administrators or members of their oversight bodies, while they continue to hold office;
e) for and against the heir with limited liability, with respect to claims that have as a cause the defense of rights over assets of the hereditary heritage.
SECTION 3
Interruption of the prescription
SECTION 2544.- Effects. The effect of the interruption of the prescription is to have the period preceding it as not having happened and to initiate a new period.
ARTICLE 2545.- Interruption due to recognition. The course of the prescription is interrupted by the recognition that the debtor or holder makes of the right of the one against whom it prescribes.
ARTICLE 2546.- Interruption by judicial request. The course of the prescription is interrupted by any request of the holder of the right before a judicial authority that translates the intention not to abandon it, against the possessor, his representative in possession, or the debtor, even if it is
defective, carried out by an incapable person, before an incompetent court, or within the grace period provided for in the applicable procedural order.
ARTICLE 2547.- Duration of the effects. The interrupting effects of the course of prescription remain until the resolution that puts an end to the matter becomes final, with formal res judicata authority.
The interruption of the course of the prescription is considered not to have occurred if the process is abandoned or the instance expires.
ARTICLE 2548.- Interruption due to arbitration request. The course of the prescription is interrupted by the request for arbitration. The effects of this cause are governed by the provisions for the interruption of the prescription by judicial request, insofar as it is applicable.
ARTICLE 2549.- Subjective scope. The interruption of the prescription does not extend in favor or against the interested parties, except in the case of joint and several or indivisible obligations.
SECTION 4
Prescription waiver
ARTICLE 2550.- Requirements. The judge can dispense with the prescription already fulfilled to the holder of the action, if factual difficulties or fraudulent maneuvers temporarily hinder the exercise of the action, and the holder asserts his rights within the six months following the
cessation of obstacles.
In the case of incapacitated persons without representatives, the period of six months is calculated from the cessation of the incapacity or the acceptance of the position by the representative.
This provision is applicable to the successions that remain vacant without a curator, if the person who is appointed asserts the rights within six months of having accepted the position.
SECTION 5
Procedural provisions relating to prescription
ARTICLE 2551.- Procedural channels. The prescription can be articulated by way of action or exception.
ARTICLE 2552.- Judicial powers. The judge cannot declare the prescription ex officio.
ARTICLE 2553.- Procedural opportunity to oppose it. The prescription must be opposed within the term to answer the demand in the knowledge processes, and to raise exceptions in the enforcement processes.
Interested third parties who appear at the trial after the terms applicable to the parties have expired, must do so in their first presentation.
EPISODE 2
Release prescription
SECTION 1
Computation start
ARTICLE 2554.- General rule. The statute of limitations period begins on the day the benefit is due.
SECTION 2555.- Rendering of accounts. The expiry of the statute of limitations to claim the rendering of accounts begins on the day that the obligor must render them or, failing that, when he ceases in the respective function. To demand the collection of the liquid result of the account, the
Term begins on the day that there was agreement by the party or a decision passed in res judicata authority.
SECTION 2556.- Periodic benefits. The expiry of the statute of limitations to claim the consideration for periodic services or supplies begins as of the moment each remuneration becomes enforceable.
ARTICLE 2557.- Services to intermediaries. The expiry of the statute of limitations to claim compensation for the services of brokers, commission agents and other intermediaries is counted, if there is no agreed term for payment, from the end of the activity.
ARTICLE 2558.- Fees for services rendered in procedures. The expiry of the statute of limitations to claim fees for services that have been provided in judicial, arbitration or mediation proceedings, begins to run from the expiration of the established period.
in a firm resolution that regulates them; if it does not set a term, since it acquires firmness.
If the fees are not regulated, the term begins to run from the moment the resolution that ends the process is final; if the provision of the professional service concludes before, since the creditor has knowledge of that circumstance.
ARTICLE 2559.- Credits subject to an indefinite term. If the credit is subject to an indefinite term, it is considered enforceable as of its determination.
The statute of limitations to deduct the action for the judicial fixation of the term is computed from the celebration of the act. If you prescribe this action, you also prescribe compliance.
SECTION 2
Limitation periods
ARTICLE 2560.- Generic term. The statute of limitations is five years, unless a different one is foreseen in local legislation.
ARTICLE 2561.- Special terms. The claim for damages for sexual assaults inflicted on incapacitated persons prescribes after ten years. The calculation of the limitation period begins as of the cessation of disability.
The claim for compensation for damages arising from civil liability prescribes after three years.
Civil actions derived from crimes against humanity are imprescriptible.
ARTICLE 2562.- Prescription period of two years. Prescribe after two years:
a) the request for a declaration of relative nullity and for the review of legal acts;
b) the common law claim for damages derived from occupational accidents and diseases;
c) the claim of all that is accrued for years or shorter periodical periods, except in the case of the reimbursement of a capital in installments;
d) the claim for damages derived from the contract of transport of people or things;
e) the request for revocation of the donation due to ingratitude or the legacy due to indignity;
f) the request for a declaration of unenforceability arising from fraud.
ARTICLE 2563.- Computation of the period of two years. In the action for declaration of relative nullity, review and unenforceability of legal acts, the term is counted:
a) if it is about vices of the will, since the violence ceased or since the error or fraud was known or could be known;
b) in the simulation between parties, since one of them refused to cancel the simulated act;
c) in the simulation exercised by a third party, since he knew or could know the defect of the legal act;
d) in the invalidity due to incapacity, since it ceased;
e) in the injury, from the date on which the obligation of the injured party had to be fulfilled;
f) in the action of fraud, since the vice of the act was known or could be known;
g) in the review of legal acts, since the cause of review was known or could be known.
ARTICLE 2564.- Prescription period of one year. They prescribe per year:
a) the claim for redhibitory vices;
b) possessory actions;
c) The claim against the builder for liability for total or partial ruin, whether due to a construction defect, the soil or poor quality of the materials, provided that it is a long-term project. The term is counted from the ruin;
d) claims from any endorsable or bearer document, the term of which begins to run from the day the obligation expires;
e) claims to the other obligated parties for the repetition of the amount paid for food;
f) the autonomous action to review the res judicata.
CHAPTER 3
Purchasing prescription
ARTICLE 2565.- General rule. The main real rights can be acquired by prescription in the terms of articles 1897 and following.
CHAPTER 4
Expiration of rights
ARTICLE 2566.- Effects. The expiration extinguishes the right not exercised.
SECTION 2567.- Suspension and interruption. The expiration periods are not suspended or interrupted, except by legal provision to the contrary.
ARTICLE 2568.- Nullity of the expiration clause. The clause that establishes an expiration period that makes it excessively difficult for one of the parties to comply with the act required to maintain the right or that implies a fraud to the legal provisions
relating to prescription.
ARTICLE 2569.- Acts that prevent expiration. Prevents expiration:
a) compliance with the act provided by law or by the legal act;
b) the recognition of the right made by the person against whom it is intended to enforce the expiration provided for in a legal act or in a rule relating to available rights.
ARTICLE 2570.- Expiration and prescription. The acts that prevent the expiration do not hinder the application of the provisions that govern the prescription.
ARTICLE 2571.- Waiver of expiration. The parties may not waive or alter the legal provisions on expiration established in matters stolen from their availability. The waiver of the expiration of available rights does not prevent the application of the rules relating to the
prescription.
ARTICLE 2572.- Judicial powers. The expiration must only be declared ex officio by the judge when it is established by law and is a matter withdrawn from the availability of the parties.
TITLE II
Privileges
CHAPTER 1
General disposition
SECTION 2573.- Definition. Seat. Privilege is the quality that corresponds to a credit to be paid in preference to another. It can be exercised while the thing affected to the privilege remains in the debtor's assets, except for legal provision to the contrary and in the event of
real subrogation in the cases that the law admits. The privilege cannot be exercised over unattachable things declared such by law.
ARTICLE 2574.- Legal origin. The privileges result exclusively from the law. The debtor cannot create in favor of a creditor a right to be paid in preference to another, except in the manner established by law.
SECTION 2575.- Resignation and postponement. The creditor can waive his privilege. The creditor and the debtor may agree to postpone the creditor's rights regarding other present or future debts; in this case, the subordinated credits are governed by the clauses
agreed, provided that they do not affect the rights of third parties.
The privilege of the labor credit is not waivable, nor can it be postponed.
SECTION 2576.- Indivisibility. Transmissibility. The privileges are indivisible in terms of seat and credit, regardless of the divisibility of the seat or credit. The transfer of credit includes that of your privilege.
SECTION 2577.- Extension. The privilege does not extend to interest, costs, or other accessories to the credit, except for express legal provision to the contrary.
ARTICLE 2578.- Computation. If a privilege is granted in relation to a certain period, it is counted retroactively from the judicial claim, except legal provision to the contrary.
ARTICLE 2579.- Universal processes. Applicable regime. In universal processes, the privileges are governed by the law applicable to contests, whether or not there is cessation of payments.
ARTICLE 2580.- General privileges. General privileges can only be invoked on universal processes.
ARTICLE 2581.- Unsecured credits. Unprivileged creditors concur pro rata among themselves, except expressly provided otherwise in this Code.
EPISODE 2
Special privileges
ARTICLE 2582.- Enumeration. They have special privilege over the goods that are indicated in each case:
a) the expenses made for the construction, improvement or conservation of a thing, on it. The credit for common expenses in horizontal property is included;
b) Credits for compensation due to the worker for six months and those from compensation for work accidents, seniority or dismissal, lack of notice and unemployment fund, on merchandise, raw materials and machinery that, being owned by the
debtor, are in the establishment where it provides its services or that are used for its exploitation.
When it comes to dependents occupied by the owner in the construction, reconstruction or repair of buildings, the privilege falls on them;
c) taxes, fees and contributions for improvements that apply particularly to certain assets, over them;
d) what is owed to the withholder by reason of the thing retained, on it or on the sums deposited or securities constituted to release it;
e) credits guaranteed with a mortgage, antichresis, pledge with or without displacement, warrant and those corresponding to debentures and negotiable obligations with special or floating guarantee;
f) the privileges established in the Navigation Law, the Aeronautical Code, the Financial Entities Law, the Insurance Law and the Mining Code.
SECTION 2583.- Extension. The special privileges extend exclusively to the capital of the loan, except in the following cases:
a) the interests for two years counted from the delay, of the labor credits mentioned in subsection b) of article 2582;
b) the interests corresponding to the two years prior to the execution and those that run during the trial, corresponding to the credits mentioned in subparagraph e) of article 2582;
c) the costs corresponding to the credits listed in subsections b) and e) of Article 2582;
d) The credits mentioned in subsection f) of Article 2582, the extension of which is governed by the respective regulations.
ARTICLE 2584.- Real subrogation. The special privilege is automatically transferred to the amounts that replace the goods on which it falls, whether for compensation, price or any other concept that allows real subrogation.
ARTICLE 2585.- Expenses reserve. Before paying the credit that enjoys a special privilege, the price of the asset on which it falls, the amounts corresponding to its conservation, custody, administration and realization must be reserved.
In all cases, an amount must also be calculated to meet the expenses and fees generated by the proceedings and procedures carried out on the property and in the interest of the creditor.
ARTICLE 2586.- Conflict between creditors with special privilege. The special privileges have the priority that results from the paragraphs of article 2582, except for the following cases:
a) The credits mentioned in subsection f) of Article 2582 have the order provided in their respective regulations;
b) the credit of the withholder prevails over the credits with special privilege if the withholding begins to be exercised before the privileged credits are born;
c) The privilege of credits with real guarantee prevails over tax credits and that of construction, improvement or conservation expenses, including credits for common expenses in horizontal property, if the credits were accrued after the constitution of the
warranty;
d) Tax credits and those derived from construction, improvement or conservation, including credits for common expenses in horizontal property, prevail over labor credits after their birth;
e) credits with real guarantee prevail over labor credits accrued after the creation of the guarantee;
f) If there are credits included in the same subsection and on identical assets, they are settled pro rata.
TITLE III
Lien
ARTICLE 2587.- Legitimation. Every creditor of a certain and enforceable obligation may retain in his power the thing that must be restored to the debtor, until the payment of what he owes him by reason of the thing.
Only those who obtain the possession of the thing by means that are not illicit have this power. It lacks it whoever receives it by virtue of a contractual relationship free of charge, unless it is in the interest of the other contractor.
ARTICLE 2588.- Thing withheld. Anything that is in the trade can be withheld, as long as it must be restored and is attachable according to the pertinent legislation.
ARTICLE 2589.- Exercise. The exercise of withholding does not require judicial authorization or prior manifestation of the withholding agent. The judge may authorize the lien to be replaced by a sufficient security.
SECTION 2590.- Attributions of the withholder. The withholder has the right to:
a) exercise all the actions available to him for the conservation and collection of his credit, and those that protect his possession or possession with the thing retained;
b) receive a fee for the deposit, as soon as the debtor is prompted to pay and receive the thing, with negative results;
c) perceive the natural fruits of the thing withheld, but is not obliged to do so.
If you choose to collect them, you must notify the debtor. In this case, you can dispose of them, having to allocate their produced first to the interest on the credit and the surplus to the capital.
SECTION 2591.- Obligations of the retainer. The withholding agent is obliged to:
a) not to use the thing retained, except an agreement to the contrary, in which the scope of said use can be determined, including in relation to the fruits;
b) keep the thing and make the necessary improvements at the expense of the debtor;
c) restore the thing at the end of the withholding and render accounts to the debtor of how much they have received as fruits.
SECTION 2592.- Effects. The withholding power:
a) the whole thing is exercised whatever the proportion of the credit owed to the withholder;
b) it is transmitted with the credit to which it accesses;
c) It does not prevent the debtor from exercising the powers of administration or disposition of the thing that correspond to him, but the withholder is not obliged to deliver it until his credit is satisfied;
d) does not prevent the seizure and judicial auction of the thing withheld, by other creditors or by the withholder himself. In these cases, the retainer's right is transferred to the price obtained in the auction, with the corresponding privilege;
e) while it subsists, it interrupts the course of the expiry prescription of the credit to which it accesses;
f) in the event of insolvency or bankruptcy of the creditor of the restitution, the retention is subject to the pertinent legislation.
SECTION 2593.- Extinction. The retention concludes by:
a) extinction of the guaranteed credit;
b) total loss of the thing retained;
c) resignation;
d) delivery or voluntary abandonment of the thing. It is not reborn even if the thing returns to its power;
e) confusion of the qualities of retainer and owner of the thing, except legal provision to the contrary;
f) failure to comply with the obligations of the withholder or if he incurs in abuse of his right.
TITLE IV
Provisions of private international law
CHAPTER 1
General disposition
ARTICLE 2594.- Applicable standards. The legal norms applicable to situations related to various national legal systems are determined by the international treaties and conventions in force applicable in the case and, in the absence of source norms
international law, the rules of Argentine private international law of internal source are applied.
ARTICLE 2595.- Application of foreign law. When a foreign law is applicable:
a) The judge establishes its content, and is obliged to interpret it as would the judges of the State to which that right belongs, without prejudice to the fact that the parties may allege and prove the existence of the invoked law. If the content of the foreign law cannot be established,
Argentine law applies;
b) If there are several co-existing legal systems with territorial or personal jurisdiction, or different legal systems follow, the applicable law is determined by the rules in force within the State to which that right belongs and, in the absence of such rules, by the system
legal dispute that presents the closest links with the legal relationship in question;
c) If different rights are applicable to different aspects of the same legal situation or to different legal relationships included in the same case, those rights must be harmonized, trying to make the necessary adaptations to respect the purposes pursued.
for each of them.
SECTION 2596.- Forwarding. When a foreign law is applicable to a legal relationship, the private international law of that country is also applicable. If the applicable foreign law refers to Argentine law, the rules of domestic law are applicable.
Argentinian.
When, in a legal relationship, the parties choose the law of a certain country, the internal law of that State is understood to have been chosen, except where express reference is made to the contrary.
ARTICLE 2597.- Exception clause. Exceptionally, the right designated by a conflict rule should not be applied when, due to the set of factual circumstances of the case, it is clear that the situation has little relevant ties to that right and,
on the other hand, it has very close links with the law of another State, the application of which is foreseeable and under whose rules the relationship has been validly established.
This provision is not applicable when the parties have chosen the law for the case.
SECTION 2598.- Fraud to law. For the determination of the applicable law in matters that involve rights not available to the parties, the facts or acts performed with the sole purpose of avoiding the application of the right designated by the conflict norms are not taken into account.
ARTICLE 2599.- Internationally mandatory standards. The internationally mandatory or immediately applicable norms of Argentine law are imposed over the exercise of the autonomy of the will and exclude the application of foreign law chosen by the
conflict rules or by the parties.
When a foreign law is applicable, its internationally mandatory provisions are also applicable, and when legitimate interests so require, the effects of internationally mandatory provisions of third States that have ties can be recognized.
narrow and manifestly preponderant with the case.
ARTICLE 2600.- Public order. Applicable foreign law provisions should be excluded when they lead to solutions that are incompatible with the fundamental principles of public order that inspire the Argentine legal system.
EPISODE 2
International jurisdiction
ARTICLE 2601.- Sources of jurisdiction. The international jurisdiction of the Argentine judges, not mediating international treaties and in the absence of an agreement of the parties in matters available for the extension of jurisdiction, is attributed in accordance with the rules of this Code and
the special laws that are applicable.
ARTICLE 2602.- Forum of necessity. Although the rules of this Code do not attribute international jurisdiction to Argentine judges, they may intervene, exceptionally, in order to avoid the denial of justice, provided that it is not reasonable to demand the initiation of
the demand abroad and as long as the private situation presents sufficient contact with the country, the right of defense in court is guaranteed and the convenience of obtaining an effective sentence is attended to.
ARTICLE 2603.- Provisional and precautionary measures. Argentine judges are competent to order provisional and precautionary measures:
a) when they understand the main process, without prejudice to the fact that the goods or persons are not in the Republic;
b) at the request of a competent foreign judge or in urgent cases, when the goods or persons are or may be in the country, even if they lack international competence to understand the main process;
c) when the sentence handed down by a foreign judge must be recognized or executed in Argentina.
Compliance with a precautionary measure by the Argentine judge does not imply a commitment to recognize or execute the final foreign judgment, pronounced in the main trial.
ARTICLE 2604.- Litispendency. When an action that has the same object and the same cause has been previously initiated and is pending between the same parties abroad, the Argentine judges must suspend the trial in process in the country, if it is foreseeable that the decision
foreign can be recognized.
The suspended process can continue in the Republic if the foreign judge declines its own jurisdiction or if the foreign process is extinguished without a resolution on the merits of the matter or, in the event that a judgment has been issued abroad, it is not
susceptible of recognition in our country.
ARTICLE 2605.- Forum election agreement. In patrimonial and international matters, the parties are empowered to extend jurisdiction in judges or arbitrators outside the Republic, except that Argentine judges have exclusive jurisdiction or that the extension is prohibited.
by law.
ARTICLE 2606.- Exclusive nature of the choice of forum. The judge chosen by the parties has exclusive jurisdiction, unless they expressly decide otherwise.
ARTICLE 2607.- Express or tacit extension. The extension of jurisdiction is operative if it arises from a written agreement by which the interested parties express their decision to submit to the jurisdiction of the judge or arbitrator before whom they turn. All means of
communication that allows to establish the test by a text. Likewise, the extension operates, for the plaintiff, by the fact of filing the lawsuit and, with respect to the defendant, when he answers it, stop doing so or oppose previous exceptions without articulating the refusal.
ARTICLE 2608.- Domicile or habitual residence of the defendant. Except for a particular provision, personal actions must be filed before the judge of the domicile or habitual residence of the defendant.
ARTICLE 2609.- Exclusive jurisdiction. Without prejudice to the provisions of special laws, Argentine judges are exclusively competent to hear the following cases:
a) in matters of real rights over real estate located in the Republic;
b) regarding the validity or invalidity of the inscriptions made in an Argentine public registry;
c) regarding the registration or validity of patents, trademarks, designs or industrial designs and other similar rights submitted for deposit or registration, when the deposit or registration has been requested or carried out or deemed to have been carried out in Argentina.
ARTICLE 2610.- Equal treatment. Citizens and permanent residents abroad enjoy free access to jurisdiction for the defense of their rights and interests, under the same conditions as citizens and permanent residents in Argentina.
No surety or deposit, whatever its denomination, can be imposed by reason of the quality of citizen or permanent resident in another State.
Equal treatment applies to legal persons constituted, authorized or registered according to the laws of a foreign State.
ARTICLE 2611.- Jurisdictional cooperation. Notwithstanding the obligations assumed by international conventions, Argentine judges must provide broad jurisdictional cooperation in civil, commercial and labor matters.
ARTICLE 2612.- International procedural assistance. Without prejudice to the obligations assumed by international conventions, communications addressed to foreign authorities must be made by letter of warrant. When the situation requires it, the Argentine judges are
empowered to establish direct communications with foreign judges who accept the practice, as long as the guarantees of due process are respected.
The mere procedural and evidentiary measures requested by foreign jurisdictional authorities must be complied with as long as the resolution that orders them does not affect public order principles of Argentine law. Warrants must be processed ex officio and without delay,
in accordance with Argentine laws, without prejudice to disposing of the pertinent provisions in relation to the expenses demanded by the required assistance.
CHAPTER 3
Special part
SECTION 1
Human persons
ARTICLE 2613.- Domicile and habitual residence of the human person. For the purposes of private international law, the human person has:
a) Your domicile, in the State in which you reside with the intention of establishing yourself there;
b) His habitual residence, in the State in which he lives and establishes lasting ties for a long time.
The human person cannot have several domiciles at the same time. If you do not have a known address, it is considered that you have it where your habitual residence is or, failing that, your simple residence.
ARTICLE 2614.- Domicile of minors. The domicile of minors is in the country of the domicile of those who exercise parental responsibility; If the exercise is plural and its holders are domiciled in different states, the persons
minors are considered domiciled where they have their habitual residence.
Without prejudice to the provisions of international conventions, children and adolescents who have been abducted or illegally retained do not acquire domicile in the place where they remain abducted, transferred or detained illegally.
ARTICLE 2615.- Domicile of other incapable persons. The domicile of the persons subject to guardianship or another equivalent institute of protection is the place of their habitual residence.
SECTION 2616.- Capacity. The capacity of the human person is governed by the law of his domicile.
The change of domicile of the human person does not affect his capacity, once it has been acquired.
ARTICLE 2617.- Assumptions of incapable persons. The party in a legal act that is incapable according to the law of his domicile, cannot invoke this incapacity if she was capable according to the law of the State where the act has been celebrated, unless the other party has known
or due to know this disability.
This rule is not applicable to legal acts relating to family law, inheritance law or real estate rights.
SECTION 2618.- Name. The law applicable to the name is that of the domicile of the person in question, at the time of its imposition. Its change is governed by the right of the person's domicile at the time it is required.
ARTICLE 2619.- Absence and presumption of death. Jurisdiction. To understand the declaration of absence and the presumption of death, the judge of the last known address of the absent person is competent, or, failing that, that of his last habitual residence. If these are
they do not know, the judge of the place where the assets of the absentee are located in relation to them is competent; the Argentine judge can assume jurisdiction if there is a legitimate interest in the Republic.
ARTICLE 2620.- Applicable law. The declaration of absence and the presumption of death are governed by the law of the last known address of the disappeared person or, failing that, by the law of their last habitual residence. The other legal relationships of the
absent continue to be regulated by the law that previously governed them.
The legal effects of the declaration of absence with respect to the recordable real and personal property of the absentee are determined by the law of the place of location or registration of such property.

SECTION 2
Marriage
SECTION 2621.- Jurisdiction. The actions of validity, nullity and dissolution of the marriage, as well as those referring to the effects of the marriage, must be filed before the judges of the last effective marital domicile or before the domicile or habitual residence of the defendant spouse.
An effective marital domicile is understood to be the place of effective and undisputed cohabitation of the spouses.
ARTICLE 2622.- Applicable law. The ability of people to marry, the form of the act, its existence and validity, are governed by the law of the place of celebration, even if the contracting parties have left their domicile so as not to be subject to the rules that govern it.
Page 15
No marriage celebrated in a foreign country is recognized if any of the impediments provided for in articles 575, second paragraph and 403, subparagraphs a), b), c), d) and e) exist.
The law of the place of celebration governs the proof of the existence of the marriage.
ARTICLE 2623.- Distance marriage. A distance marriage is considered to be one in which the absent contracting party expresses his consent, personally, before the competent authority to authorize marriages in the place where he is.
The documentation that proves the consent of the absentee can only be offered within ninety days of the date of its granting.
Distance marriage is considered to have been celebrated in the place where the consent that perfects the act is given. The competent authority to celebrate the marriage must verify that the contracting parties are not affected by legal impediments and decide on the causes.
alleged to justify the absence.
ARTICLE 2624.- Personal effects of the marriage. The personal relationships of the spouses are governed by the right of effective marital domicile.
ARTICLE 2625.- Patrimonial effects of the marriage. Marriage conventions govern the relations of the spouses with respect to property. The conventions celebrated prior to the marriage are governed by the law of the first conjugal domicile; the later ones are
governed by the right of the conjugal domicile at the time of its celebration.
In the absence of matrimonial conventions, the property regime is governed by the law of the first conjugal domicile. All this, except in what, being strictly real, is prohibited by the law of the place where the goods are located.
In the event of a change of domicile to the Republic, the spouses may state in a public instrument their option for the application of Argentine law. The exercise of this power must not affect the rights of third parties.
ARTICLE 2626.- Divorce and other causes of dissolution of the marriage. Divorce and other grounds for dissolution of marriage are governed by the law of the last domicile of the spouses.
SECTION 3
Convivial union
SECTION 2627.- Jurisdiction. The actions that arise as a consequence of the coexistence union must be presented before the judge of the common effective domicile of the persons who constitute it or of the domicile or habitual residence of the defendant.
ARTICLE 2628.- Applicable law. The convivial union is governed by the law of the State where it is intended to be enforced.
SECTION 4
Food
SECTION 2629.- Jurisdiction. Actions on the maintenance allowance must be filed, at the choice of the person who requires it, before the judges of his domicile, of his habitual residence, or before those of the domicile or habitual residence of the defendant. Furthermore, if it were reasonable under the
circumstances of the case may be brought before the judges of the place where the defendant has assets.
Alimony actions between spouses or partners must be deducted before the judge of the last conjugal or joint residence, before the domicile or habitual residence of the defendant, or before the judge who has understood in the dissolution of the bond.
If an agreement has been entered into, at the option of the plaintiff, the actions may also be brought before the judge of the place of fulfillment of the obligation or that of the place of celebration of said agreement if it coincides with the residence of the defendant.
ARTICLE 2630.- Applicable law. The right to maintenance is governed by the right of the domicile of the creditor or maintenance debtor, which in the opinion of the competent authority is more favorable to the interest of the maintenance creditor.
Food agreements are governed, at the choice of the parties, by the right of domicile or habitual residence of any of them at the time of the conclusion of the agreement. Failing that, the law governing the right to maintenance applies.
The right to maintenance between spouses or partners is governed by the law of the last marital domicile, of the last effective cohabitation or of the country whose law is applicable to the dissolution or nullity of the bond.
SECTION 5
Affiliation by nature and by assisted human reproduction techniques
SECTION 2631.- Jurisdiction. Actions relating to the determination and challenge of parentage must be filed, at the option of the plaintiff, before the judges of the domicile of the person claiming the filial location or before the judges of the domicile of the parent or alleged parent.
In case of recognition, the judges of the domicile of the person carrying out the recognition, those of the child's domicile or those of the place of birth, are competent.
ARTICLE 2632.- Applicable law. The establishment and challenge of parentage are governed by the right of the domicile of the child at the time of his birth or by the right of the domicile of the parent or alleged parent in question at the time of the child's birth or
for the right of the place of celebration of the marriage, the one that has more satisfactory solutions to the fundamental rights of the child.
The applicable law by reason of this norm determines the active and passive legitimacy for the exercise of the actions, the term to file the claim, as well as the requirements and effects of the possession of the state.
ARTICLE 2633.- Act of recognition of the child. The conditions of recognition are governed by the right of the domicile of the child at the time of birth or at the time of the act or by the right of the domicile of the author of the recognition at the time of the act.
The ability of the author of recognition is governed by the law of his domicile.
The form of recognition is governed by the law of the place of the act or by the law that governs it on the merits.
ARTICLE 2634.- Recognition of subsidiary location established abroad. Any subsidiary location established in accordance with foreign law must be recognized in the Republic in accordance with the principles of Argentine public order, especially
those that require considering the best interests of the child as a priority.
The principles that regulate the rules on filiation by assisted human reproduction techniques are part of the public order and must be weighed by the competent authority when their intervention is required for the purposes of recognition of status or registration of
people born through these techniques. In any case, the decision that is in the best interest of the child must be adopted.
SECTION 6
Adoption
SECTION 2635.- Jurisdiction. In the case of children residing in the Republic, Argentine judges are exclusively competent to declare in a situation of adoptability, the decision of guardianship for the purpose of adoption and for the granting of an adoption.
For the annulment or revocation of an adoption, the judges of the place of granting or those of the domicile of the adoptee are competent.
SECTION 2636.- Applicable law. The requirements and effects of the adoption are governed by the law of the domicile of the adoptee at the time the adoption is granted.
The annulment or revocation of the adoption is governed by the right of its granting or by the right of the domicile of the adoptee.
SECTION 2637.- Recognition. An adoption established abroad must be recognized in the Republic when it has been granted by the judges of the country of the domicile of the adoptee at the time of its granting. Adoptions conferred in the
country of domicile of the adopter when that adoption is capable of being recognized in the country of domicile of the adoptee.
For the purposes of controlling public order, the best interests of the child and the close ties of the case with the Republic are taken into account.
SECTION 2638.- Conversion. An adoption granted abroad in accordance with the law of the domicile of the adoptee may be transformed into a full adoption if:
a) The requirements established by Argentine law for full adoption are met;
b) give their adopter and adopted consent. If this person is a minor, the Public Ministry must intervene.
In all cases, the judge must assess the convenience of maintaining the legal bond with the family of origin.
SECTION 7
Parental responsibility and institutions of protection
ARTICLE 2639.- Parental responsibility. Everything related to parental responsibility is governed by the right of the child's habitual residence at the time the conflict arises. However, to the extent that the best interests of the child so require, it can be taken into account
consideration of the law of another State with which the situation has relevant links.
ARTICLE 2640.- Guardianship and similar institutes. The guardianship, curatorship and other institutions for the protection of the incapable person or with restricted capacity, are governed by the law of the domicile of the person whose protection is concerned at the time of the events that give rise to the
determination of the guardian or curator.
Other institutes for the protection of children and adolescents regularly constituted according to the applicable foreign law, are recognized and deploy their effects in the country, provided that they are compatible with the fundamental rights of the child.
ARTICLE 2641.- Urgent protection measures. The competent authority must apply its domestic law to adopt the urgent protection measures that are necessary with respect to minors or elderly persons who are incapable or with restricted capacity, or their
goods, when they are in its territory, without prejudice to the obligation to bring the fact to the attention of the Public Ministry and, where appropriate, of the competent authorities of the domicile or nationality of the affected person, except as provided in the matter of protection
refugee international.
SECTION 8
International child restitution
ARTICLE 2642.- General principles and cooperation. In matters of displacement, retention or abduction of minors that give rise to requests for international location and restitution, the current conventions govern and, outside their scope of application, the judges
Argentines should try to adapt to the case the principles contained in such agreements, ensuring the best interests of the child.
The competent judge who decides the return of a minor must supervise the safe return of the child or adolescent, promoting solutions that lead to voluntary compliance with the decision.
At the request of a legitimate party or at the request of a foreign competent authority, the Argentine judge who becomes aware of the imminent entry into the country of a child or adolescent whose rights may be threatened, may order anticipated measures in order to ensure their
protection, as well as, if applicable, that of the adult accompanying the child or adolescent.
SECTION 9
Successions
SECTION 2643.- Jurisdiction. The judges of the last domicile of the deceased or those of the place where the real estate is located in the country with respect to them are competent to understand the succession due to death.
SECTION 2644.- Applicable law. Succession due to death is governed by the right of domicile of the deceased at the time of his death. Regarding real estate located in the country, Argentine law applies.
SECTION 2645.- Form. The will granted abroad is valid in the Republic according to the forms required by the law of the place of its execution, by the law of the domicile, of the habitual residence, or of the nationality of the testator at the time of the will or by the legal forms
Argentines.
SECTION 2646.- Consular will. The written will made in a foreign country by an Argentine or by a foreigner domiciled in the State, before a plenipotentiary minister of the Government of the Republic, a business manager or a Consul and two witnesses is valid.
domiciled in the place where the will is granted, the instrument having the authentication of the legation or consulate.
The will granted in the manner prescribed in the preceding paragraph and that has not been granted before a legation head, must bear the approval of the latter, if there is a legation head, in the open will at the foot of it and in the closed one. on the face. The open will must be
always initialed by the same chief at the beginning and at the end of each page, or by the Consul, if there is no legation. If there is neither a consulate nor a legation of the Republic, these procedures must be filled out by a minister or Consul of a friendly nation.
The head of the legation and, in the absence of this, the Consul, must send a copy of the open will or the cover of the closed, to the Minister of Foreign Relations of the Republic and the latter, paying the signature of the head of the legation or the Consul In your case, you must refer it to the judge of the last
domicile of the deceased in the Republic, to have it incorporated into the protocols of a notary of the same domicile.
Not knowing the domicile of the testator in the Republic, the will must be sent by the Minister of Foreign Relations to a national judge of first instance for its incorporation in the protocols of the notary's office that the same judge designates.
SECTION 2647.- Capacity. The ability to grant a will and revoke it is governed by the law of the domicile of the testator at the time of the act.
SECTION 2648.- Vacant inheritance. If the law applicable to the succession, in the case of the absence of heirs, does not attribute the succession to the State of the place where the assets are located, the relict assets located in Argentina become the property of the Argentine State, of the City
Autonomous of Buenos Aires or of the province where they are located.
SECTION 10
Form of legal acts
ARTICLE 2649.- Forms and solemnities. The forms and solemnities of the legal acts, their validity or nullity and the need for publicity, are judged by the laws and customs of the place where the acts were celebrated, carried out or granted.
When the law applicable to the substance of the legal relationship requires a certain formal quality, in accordance with that right the equivalence between the required form and the form carried out must be determined.
If the contracting parties are in different states at the time of the conclusion, the formal validity of the act is governed by the law of the country from which the accepted offer originates or, failing that, by the law applicable to the substance of the legal relationship.
SECTION 11
Contracts
SECTION 2650.- Jurisdiction. In the absence of a valid forum choice agreement, they are competent to know in the actions resulting from a contract, at the option of the actor:
a) The judges of the domicile or habitual residence of the defendant. If there are several defendants, the judges of the domicile or habitual residence of any of them;
b) the judges of the place of fulfillment of any of the contractual obligations;
c) The judges of the place where an agency, branch or representation of the defendant is located, provided that it has participated in the negotiation or conclusion of the contract.
ARTICLE 2651.- Autonomy of the will. Rules. The contracts are governed by the right chosen by the parties in terms of their intrinsic validity, nature, effects, rights and obligations. The choice must be express or result in a certain and evident way from the terms of the
contract or the circumstances of the case. This choice may refer to the whole or parts of the contract.
The exercise of this right is subject to the following rules:
a) At any time, they may agree that the contract is governed by a law other than the one that governed it, either by a previous election or by application of other provisions of this Code. However, this modification cannot affect the validity of the original contract or the
rights of third parties;
b) once the application of a national law has been chosen, the internal law of that country must be interpreted as chosen, excluding its rules on conflict of laws, except if there is an agreement to the contrary;
c) the parties may establish, by mutual agreement, the material content of their contracts and even create contractual provisions that displace coercive norms of the chosen law;
d) Generally accepted commercial uses and practices, customs and principles of international commercial law are applicable when the parties have incorporated them into the contract;
e) the principles of public order and the internationally imperative norms of Argentine law apply to the legal relationship, whatever the law that governs the contract; The internationally binding norms of those States are also imposed on the contract, in principle.
that have preponderant economic ties to the case;
f) contracts made in the Republic to violate internationally imperative norms of a foreign nation that are necessary to apply to the case have no effect whatsoever;
g) The choice of a specific national forum does not imply the choice of the domestic law applicable in that country.
This article does not apply to consumer contracts.
ARTICLE 2652.- Determination of the applicable law in the absence of choice by the parties. In the absence of choice by the parties of the applicable law, the contract is governed by the laws and customs of the country of the place of performance.
If it is not designated, or it does not result from the nature of the relationship, it is understood that the place of performance is that of the current domicile of the debtor of the most characteristic provision of the contract. If the place of performance cannot be determined, the contract is governed by the laws and
uses of the country of the venue.
The perfection of contracts between absentees is governed by the law of the place from which the accepted offer starts.
ARTICLE 2653.- Exception clause. Exceptionally, at the request of the party, and taking into account all the objective and subjective elements that arise from the contract, the judge is empowered to order the application of the law of the State with which the legal relationship
present the closest ties.
This provision is not applicable when the parties have chosen the law for the case.
SECTION 12
Consumer contracts
SECTION 2654.- Jurisdiction. Lawsuits that relate to consumer relations may be filed, at the consumer's choice, before the judges of the place of conclusion of the contract, the fulfillment of the provision of the service, the delivery of goods, the fulfillment of the
Obligation of guarantee, the domicile of the defendant or the place where the consumer performs acts necessary for the conclusion of the contract.
The judges of the State where the defendant has a branch, agency or any form of commercial representation are also competent, when they have intervened in the conclusion of the contract or when the defendant has mentioned them for the purposes of compliance with
a contractual guarantee.
The action brought against the consumer by the other contracting party can only be brought before the judges of the State of the consumer's domicile.
In this matter, the forum choice agreement is not allowed.
SECTION 2655.- Applicable law. Consumer contracts are governed by the law of the State of the consumer's domicile in the following cases:
a) if the conclusion of the contract was preceded by an offer or an advertisement or activity carried out in the State of the consumer's domicile and the consumer has carried out the necessary acts for the conclusion of the contract;
b) if the supplier has received the order in the State of the consumer's domicile;
c) if the consumer was induced by his supplier to travel to a foreign State in order to place his order there;
d) if the travel contracts, for a global price, include combined transport and accommodation services.
Failing that, consumer contracts are governed by the law of the country of the place of performance. If the place of performance cannot be determined, the contract is governed by the law of the place of celebration.
SECTION 13
Civil liability
SECTION 2656.- Jurisdiction. Except as provided in the previous articles, they are competent to hear in actions based on the existence of civil liability:
a) the judge of the defendant's domicile;
b) the judge of the place where the event generating the damage occurred or where it produces its direct harmful effects.
SECTION 2657.- Applicable law. Unless otherwise provided, for cases not provided for in the previous articles, the law applicable to an emerging obligation of civil liability is that of the country where the damage occurs, regardless of the country where it occurred.
produced the event generating the damage and regardless of the country or countries in which the indirect consequences of the event in question occur.
However, when the person whose responsibility is alleged and the injured person are domiciled in the same country at the time the damage occurs, the law of that country applies.
SECTION 14
Securities
SECTION 2658.- Jurisdiction. The judges of the State where the obligation must be fulfilled or those of the defendant's domicile, at the option of the plaintiff, are competent to hear disputes that arise in matters of securities.
In matters of checks, the judges of the domicile of the bank drawn or those of the defendant's domicile are competent.
SECTION 2659.- Form. The form of the transfer, the endorsement, the acceptance, the guarantee, the protest and the necessary acts for the exercise or for the conservation of the rights over securities are subject to the law of the State in whose territory said act is carried out.
ARTICLE 2660.- Applicable law. Obligations resulting from a security are governed by the law of the place in which they were contracted.
If one or more obligations contracted in a security are null according to the applicable law, said nullity does not affect other obligations validly contracted in accordance with the law of the place in which they have been subscribed.
If the place where the certificate obligation was subscribed does not appear in the security title, it is governed by the law of the place where the provision must be fulfilled; and if this does not appear either, by the place of issuance of the title.
SECTION 2661.- Subtraction, loss or destruction. The law of the State where the payment must be fulfilled determines the measures to be adopted in the event of theft, robbery, falsification, loss, destruction or material disablement of the document.
In the case of securities issued in series, and publicly offered, the dispossessed bearer must comply with the provisions of the law of the issuer's domicile.
SECTION 2662.- Check. The law of the domicile of the withdrawn bank determines:
a) its nature;
b) the modalities and their effects;
c) the term of the presentation;
d) the persons against whom it may be drawn;
e) if it can be drawn for "credit on account", crossed, certified or confirmed, and the effects of these operations;
f) the rights of the holder regarding the provision of funds and their nature;
g) if the holder can demand or if he is obliged to receive a partial payment;
h) the rights of the drawer to revoke the check or to oppose payment;
i) the necessity of the protest or other equivalent act to preserve the rights against the endorsers, the drawer or other obligated parties;
j) the measures to be taken in the event of theft, theft, falsification, loss, destruction or material disabling of the document; Y
k) in general, all situations related to the payment of the check.
SECTION 15
Real rights
SECTION 2663.- Qualification. The quality of real estate is determined by the law of the place where it is located.
SECTION 2664.- Jurisdiction. Real actions on real estate. The judges of the State in which the properties are located are competent to hear real actions over said assets.
SECTION 2665.- Jurisdiction. Real actions on recordable assets. The judges of the State in which the assets were registered are competent to hear the real actions filed on said assets.
SECTION 2666.- Jurisdiction. Real actions on non-registrable assets. The judges of the defendant's domicile or of the place where the non-registrable assets are located are competent to understand the real actions on said assets.
SECTION 2667.- Applicable law. Real rights over real estate. Real property rights are governed by the law of the place where they are located.
Contracts made in a foreign country to transfer real rights over real estate located in the Republic, have the same force as those made in the territory of the State, provided that they are recorded in public instruments and presented legalized.
ARTICLE 2668.- Applicable law. Real rights on registrable assets. Real rights over registrable assets are governed by the law of the State of registration.
ARTICLE 2669.- Real rights on permanent furniture. Change of situation. The real rights over furniture that have a permanent situation and that are conserved without intention of transporting them, are governed by the law of the place of situation at the time of
the facts on which the acquisition, modification, transformation or extinction of such rights arises.
The displacement of these assets does not influence the rights that have been validly established under the rule of the previous law.
ARTICLE 2670.- Real rights over furniture that lack permanent status. The real rights over the furniture that the owner always carries with him or those that are for his personal use, whether or not he is at his home, as well as those that are to be sold or
transported to another place are governed by the right of the domicile of its owner. If the quality of owner is disputed or unknown, the law of the place of situation applies.
SECTION 16
Prescription
SECTION 2671.- Applicable law. The prescription is governed by the law that applies to the substance of the dispute.
ANNEX II
1.- MODIFICATIONS TO LAW No. 17.801:
1.1.- Article 1 of Law No. 17,801 is replaced by the following:
"Article 1 .- The registers of real property existing in each province and in the FEDERAL CAPITAL shall remain subject to the regime of this law."
1.2.- Article 2 of Law No. 17,801 is replaced by the following:
"Article 2 ° .- In accordance with the provisions of Articles 1890, 1892, 1893 and concordant CIVIL AND COMMERCIAL CODE OF THE NATION, for publicity, enforceability to third parties and other provisions of this law, the aforementioned records will be registered or they will score,
as applicable, the following documents:
a) Those that constitute, transmit, declare, modify or extinguish real rights over real estate;
b) Those who order embargoes, inhibitions and other precautionary measures;
c) Those established by other national or provincial laws. "
1.3.- Replace article 17 of Law No. 17,801, by the following:
“Article 17.- Once a document is registered or annotated, another of the same or previous date that opposes it or is incompatible, unless the one presented in the second term has been implemented during the term of the certification to which they refer may not be registered. the
Articles 22 and related and present it within the period established in Article 5. "
2.- MODIFICATIONS TO LAW No. 19.550, TO 1984:
2.1.- Replace the name of Law No. 19,550, TO 1984, by the following: "GENERAL LAW OF COMPANIES No. 19,550, TO 1984" and replace the names of SECTION I of CHAPTER I of Law No. 19,550, TO 1984, and SECTION IV of CHAPTER I of the
Law No. 19,550, TO 1984, by the following:
"SECTION I On the existence of society"; "SECTION IV Of companies not incorporated according to the types of Chapter II and other assumptions."
2.2.- Replace article 1 of Law No. 19,550, TO 1984, by the following:
"Concept.
Article 1 .- There will be a company if one or more people in an organized manner according to one of the types provided for in this law, are obliged to make contributions to apply them to the production or exchange of goods or services, participating in the benefits and supporting the losses.
The sole proprietorship may only be constituted as a public limited company. The sole proprietorship cannot be constituted by a sole proprietorship. "
2.3.- Replace article 5 of Law No. 19,550, TO 1984, by the following:
“Registration in the Public Registry.
Article 5.- The constitutive act, its modification and the regulations, if any, will be registered in the Public Registry of the registered office and in the Registry that corresponds to the seat of each branch, including the address where they are installed for the purposes of the Article 11, paragraph 2.
Registration will be provided after ratification by the grantors, except when it is made by public instrument or the signatures are authenticated by a notary public or another competent official.
Advertising in the documentation.
The companies will include in the documentation that they emanate, the address of their headquarters and the data that identify their registration in the Registry. "
2.4.- Replace article 6 of Law No. 19,550, TO 1984, by the following:
“Deadlines for registration. Take reason.
Article 6.- Within TWENTY (20) days of the constitutive act, it will be presented to the Public Registry for registration or, where appropriate, to the controlling authority. The term to complete the process will be THIRTY (30) additional days, being extended when it is
exceeded by normal compliance with procedures.
Late registration. Enrollment requested late or after the additional period expires, is only available if there is no opposition from the interested party. Authorized for registration. If there were no special agents to carry out the constitution procedures, it is understood that the
representatives of the company designated in the constitutive act are authorized to carry them out. Failing that, any partner can request it at the expense of the company. "
2.5.- Replace article 11 of Law No. 19,550, TO 1984, by the following:
“Content of the constitutive instrument.
Article 11.- The instrument of incorporation must contain, without prejudice to what is established for certain types of society:
1) The name, age, marital status, nationality, profession, address and identity document number of the partners;
2) The company name or denomination, and the domicile of the company. If the contract only contains the address, the address of its headquarters must be registered by means of a separate request signed by the administrative body. They will be considered valid and binding for society.
all notifications made at the registered office;
3) The designation of its object, which must be precise and determined;
4) The capital stock, which must be expressed in Argentine currency, and the mention of the contribution of each partner. In the case of sole proprietorships, the capital must be fully integrated in the constitutive act;
5) The term of duration, which must be determined;
6) The organization of the administration, its supervision and the meetings of partners;
7) The rules for distributing profits and bearing losses. In case of silence, it will be in proportion to the contributions. If only the form of profit distribution is foreseen, it will be applied to bear the losses and vice versa;
8) The necessary clauses so that the rights and obligations of the partners among themselves and with respect to third parties can be precisely established;
9) The clauses pertaining to the operation, dissolution and liquidation of the company. "
2.6.- Replace article 16 of Law No. 19,550, TO 1984, by the following:
“General principle.
Article 16.- The nullity or cancellation that affects the bond of any of the partners will not produce the nullity, cancellation or termination of the contract, except that the participation or performance of that partner must be considered essential, taking into account the circumstances or that try partner
unique.
If it is a simple limited partnership or by shares, or a capital and industrial company, the vice of the will of the only partner of one of the categories of partners makes the contract voidable. "
2.7.- Replace article 17 of Law No. 19,550, TO 1984, by the following:
"Atypicality. Omission of essential requirements.
Article 17.- The companies provided for in Chapter II of this law may not omit essential typifying requirements or include elements incompatible with the legal type.
In case of infringement of these rules, the incorporated company does not produce the effects of its type and is governed by the provisions of Section IV of this Chapter. "
2.8.- Replace article 21 of Law No. 19,550, TO 1984, by the following:
“Societies included.
Article 21.- The company that is not constituted subject to the types of Chapter II, that omits essential requirements or that fails to comply with the formalities required by this law, is governed by the provisions of this Section. "
2.9.- Replace article 22 of Law No. 19,550, TO 1984, by the following:
"Applicable regime.
Article 22.- The social contract can be invoked between the partners. It is enforceable against third parties only if it is proven that they actually knew it at the time of hiring or the birth of the mandatory relationship and it can also be invoked by third parties against the company,
partners and administrators. "
2.10.- Replace article 23 of Law No. 19,550, TO 1984, by the following:
“Representation: administration and government.
Article 23.- The clauses relating to representation, administration and other provisions on the organization and governance of the company may be invoked between the partners.
In relations with third parties, any of the partners represents the company by exhibiting the contract, but the provision of the social contract may be opposed if it is proven that the third parties actually knew it at the time of the birth of the legal relationship.
Recordable assets.
To acquire registrable assets, the company must prove to the Registry its existence and the powers of its representative by an act of recognition of all those who claim to be its partners. This act must be instrumented in a public deed or private instrument with signature
authenticated by notary. The property will be registered in the name of the company, indicating the proportion in which the partners participate in said company.
Proof.
The existence of the company can be proven by any means of proof. "
2.11.- Replace article 24 of Law No. 19,550, TO 1984, by the following:
“Responsibility of the partners.
Article 24.- The partners are liable to third parties as obligated simply jointly and in equal parts, unless solidarity with society or between them, or a different proportion, result:
1) of an express stipulation regarding a relationship or a set of relationships;
2) of a stipulation of the social contract, in the terms of article 22;
3) of the common rules of the type that they claimed to adopt and with respect to which substantial or formal requirements were no longer met. "
2.12.- Replace article 25 of Law No. 19,550, TO 1984, by the following:
"Remedy.
Article 25.- In the case of companies included in this Section, the omission of essential, typifying or non-typifying requirements, the existence of elements incompatible with the chosen type or the omission of compliance with formal requirements, may be corrected at the initiative of the
company or partners at any time during the term of the duration provided for in the contract. In the absence of unanimous agreement of the partners, the correction can be judicially ordered in summary procedure. If necessary, the judge can make up for the lack of agreement, without
impose greater responsibility on partners who do not consent.
The dissatisfied member may exercise the right of withdrawal within TEN (10) days of the judicial decision being final, in the terms of article 92.
Dissolution. Settlement.
Any of the partners can cause the dissolution of the company when there is no written stipulation of the duration agreement, reliably notifying such decision to all the partners. Its effects will be produced by right between the partners NINETY (90) days after the
last notification.
The partners who wish to remain in the company must pay the outgoing their social part.
The settlement is governed by the rules of the contract and this law. "
2.13.- Replace article 26 of Law No. 19,550, TO 1984, by the following:
“Relations between the social creditors and the individuals of the partners.
Article 26.- The relationships between the corporate creditors and the private creditors of the partners, even in the event of bankruptcy, will be judged as if it were a company of the types provided for in Chapter II, even with respect to registrable assets. "
2.14.- Replace article 27 of Law No. 19,550, TO 1984, by the following:
“Partnership between spouses.
Article 27.- The spouses can integrate between themselves companies of any type and those regulated in Section IV. "
2.15.- Replace article 28 of Law No. 19,550, TO 1984, by the following:
“Minor heir partners, incapable or with restricted capacity
Article 28.- In a company constituted with assets subject to forced hereditary indivision, minor, incapable, or restricted heirs can only be partners with limited liability. The constitutive contract must be approved by the judge of the
succession. If there is a possibility of collision of interests between the legal representative, the guardian or the support and the minor, incapable or restricted person, an ad hoc representative must be appointed to enter into the contract and to control the
administration of the company if exercised by the former. "
2.16.- Replace article 29 of Law No. 19,550, TO 1984, by the following:
"Sanction.
Article 29. Without prejudice to the transformation of the company into an authorized type, the infraction of article 28 makes the representative, the curator and the support of the minor, incapable or restricted person and the partners jointly and severally liable.
fully capable, for the damages caused to the minor, incapable or with restricted capacity. "
2.17.- Replace article 30 of Law No. 19,550, TO 1984, by the following:
“Partner society.
Article 30.- Public limited companies and limited liability companies can only form part of joint stock companies and limited liability companies. They may be part of any associative contract. "
2.18.- Replace article 93 of Law No. 19,550, TO 1984, by the following:
“Exclusion in partnership of two partners.
Article 93.- In companies with two partners, one of them should be excluded when there is just cause, with the effects of article 92; the innocent partner assumes the social assets and liabilities, without prejudice to the application of article 94 bis. "
2.19.- Replace article 94 of Law No. 19,550, TO 1984, by the following:
"Dissolution: causes.
Article 94.- The company is dissolved:
1) by decision of the partners;
2) due to the expiration of the term for which it was established;
3) by fulfillment of the condition to which its existence was subordinated;
4) by achieving the object for which it was formed, or by the supervening impossibility of achieving it;
5) for the loss of capital stock;
6) by filing for bankruptcy; the dissolution will be without effect if an agreement is celebrated or the conversion is ordered;
7) by its merger, in the terms of article 82;
8) by final sanction of cancellation of the public offering or the listing of its shares; dissolution may be rendered ineffective by resolution of an extraordinary assembly meeting within SIXTY (60) days, according to article 244, fourth paragraph;
9) by firm resolution of withdrawal of the authorization to operate if special laws imposed it by reason of the object. "
2.20.- The following shall be incorporated as article 94 bis of Law No. 19,550, TO 1984:
“Reduction to one of the number of partners.
Article 94 bis. The reduction to one of the number of partners is not grounds for dissolution, imposing the transformation of full right companies into limited partnerships, simple or by shares, and capital and industry, into a sole proprietorship, if no other solution is decided in the
term of THREE (3) months. "
2.21.- Replace article 100 of Law No. 19,550, TO 1984, by the following:
"Removal of grounds for dissolution.
Article 100.- The grounds for dissolution may be removed by means of a decision of the governing body and elimination of the cause that gave rise to it, if there is economic and social viability of the subsistence of the company's activity. The resolution must be adopted before
cancel the registration, without prejudice to third parties and the responsibilities assumed.
Interpretation rule.
In case of doubt about the existence of a cause for dissolution, it will be in favor of the subsistence of the company. "
2.22.- Replace article 164 of Law No. 19,550, TO 1984, by the following:
"Denomination.
Article 164.- The company name may include the name of one or more persons of visible existence and must contain the expression 'public limited company', its abbreviation or the acronym SA In the case of a sole proprietorship it must contain the expression 'public limited company
unipersonal ', its abbreviation or the acronym SAU "
2.23.- Subsection 3) of article 186 of Law No. 19,550, TO 1984, be replaced by the following:
“3) The price of each share and of the total subscribed; the form and conditions of payment. In Unipersonal Corporations the capital must be fully integrated; "
2.24.- Replace article 187 of Law No. 19,550, TO 1984, by the following:
“Minimum integration in cash.
Article 187.- The integration in cash may not be less than TWENTY-FIVE PERCENT (25%) of the subscription: its fulfillment will be justified at the time of ordering the registration with the proof of its deposit in an official bank, once which, will be released.
In the Unipersonal Limited Company, the share capital must be fully integrated.
Non-monetary contributions.
Non-monetary contributions must be fully integrated. They can only consist of obligations to give and their fulfillment will be justified at the time of requesting the conformity of article 167. "
2.25.- Replace article 285 of Law No. 19,550, TO 1984, by the following:
"Requirements.
Article 285.- To be a trustee, the following is required:
1) Be a lawyer or public accountant, with a qualifying title, or a company with joint and several liability constituted exclusively by these professionals;
2) Have real domicile in the country. "
2.26.- Incorporate into article 299 of Law No. 19,550, TO 1984, the following subsection:
"7) In the case of Unipersonal Corporations."
3.- AMENDMENTS TO LAW No. 24,240, AMENDED BY LAW No. 26,361: 3.1.- Article 1 of Law No. 24,240, modified by Law No. 26,361, is replaced by the following:
"Article 1 .- Purpose. Consumer. Equalization. The purpose of this law is the defense of the consumer or user. The consumer is considered to be the natural or legal person who acquires or uses, free or onerous, goods or services as final recipient, for the benefit
own or their family or social group.
It is equated to the consumer who, without being part of a consumer relationship as a consequence or on the occasion of it, acquires or uses goods or services, free or onerous, as a final recipient, for their own benefit or that of their family or social group. "
3.2.- Replace article 8 of Law No. 24,240, modified by Law No. 26,361, by the following:
"Article 8 .- Effects of advertising. The details made in advertising or in advertisements, prospectuses, circulars or other means of dissemination are considered included in the contract with the consumer and are binding on the offeror.
In the cases in which the offers of goods and services are made through the telephone purchase system, by catalogs or by post, published by any means of communication, the name, address and CUIT number of the offeror must appear. "
3.3.- Replace article 40 bis of Law No. 24,240, modified by Law No. 26,361, by the following:
“Article 40 bis.- Direct damage. Direct damage is any damage or impairment to the right of the user or consumer, susceptible to pecuniary appreciation, caused immediately on their goods or on their person, as a result of the action or omission of the provider
of goods or of the service provider.
The enforcement agencies, through administrative acts, will set the compensation to repair the material damage suffered by the consumer in the goods that are the object of the consumer relationship.
This power can only be exercised by government agencies that meet the following requirements:
a) the creation rule has granted them powers to resolve conflicts between individuals and the reasonableness of the economic objective taken into account to grant them that power is manifest;
b) are endowed with technical specialization, undoubted independence and impartiality;
c) their decisions are subject to ample and sufficient judicial control.
This article does not apply to the consequences of the violation of the very personal rights of the consumer, his personal integrity, his psychophysical health, his legitimate spiritual affections, those that result from the interference in his life project nor, in general, to the consequences not
patrimonial. "
3.4.- Replace article 50 of Law No. 24,240, modified by Law No. 26,361, by the following:
"Article 50.- Prescription. The sanctions arising from this law prescribe in a term of THREE (3) years. The prescription is interrupted by the commission of new offenses or by the initiation of administrative actions. "
- ERRATA Law 26,994
In the edition of Official Gazette No. 32,985 of October 8, 2014, in which the aforementioned rule was published, the following misprint slipped.
WHERE SAYS:
ARTICLE 760.- Delivery of the thing to someone who is not the owner. Non-registrable goods. In relation to third parties, when the obligation to give certain things is finally restored ...
SHOULD SAY:
ARTICLE 760.- Delivery of the thing to someone who is not the owner. Non-registrable goods. In relation to third parties, when the obligation to give certain things is intended to restore them ...
WHERE SAYS:
ARTICLE 1174.- Eviction. The permutarte ...
SHOULD SAY:
ARTICLE 1174.- Eviction. The permutant ...
WHERE SAYS:
ARTICLE 2287.- Freedom to accept or resign. Any heir can accept the inheritance that is deferred or renounced ...
SHOULD SAY:
ARTICLE 2287.- Freedom to accept or resign. Any heir can accept the inheritance that is deferred to him or renounce it ...


