Law and Compliance in Argentina

Overview by

Business Contract

General Observation
You must define precisely the obligations of each party and determine where your cooperation begins and ends. Give great importance to the means that the contracting party must set up and to defining the methods of quality control and the performance bond.
Law Applicable to the Contract
You must be particularly vigilant about the law applicable to the contract and the methods of settling disputes. Argentina is a signatory to the Vienna Convention on international contracts. It is not easy for a foreigner to understand Argentine law, so it is recommended that international laws be used or an arbitration system be called on. International laws are generally accepted in contracts concluded with Argentine companies.
It is also important to stipulate in the contract under which jurisdiction the parties are placed.
Advisable Incoterms
Two types of incoterm are often used with Argentina: FOB or CFR. If you are used to international trade, you should take care of the transport yourself for preference.
Language of Domestic Contract
Other Laws Which Can Be Used in Domestic Contracts

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Legal Framework of Business

Equity of Judgments

Independence of Justice
The judicial power is mostly independent. Argentina is considered to be a State of law, even if there is a certain degree of corruption in a few provinces.
Equal Treatment of Nationals and Foreigners
Foreign nationals can benefit from equivalent treatment in judicial matters as citizens can, including when it is a question of commercial disputes. The level of corruption in the country is quite high.
The Language of Justice
Recourse to an Interpreter
Possible, advised
Legal Similarities
The country's legal system is a combination of the American and Western European systems. Each province also has its own constitution, which mirrors the broad lines of the structures of the federal constitution. The country has not accepted the obligatory jurisdiction of the International Court of Justice (ICJ). Argentina belongs to the MERCOSUR which has some supranational legislative functions.



The Different Legal Codes

Contract and property law Código Civil (Civil Code)
Customs law Código Aduanero (Customs Code)
Company law Código de Comercio (Commercial Code)
Penal law Código Penal (Penal Code)
Civil and commercial judicial code Código Procesal Civil y Comercial
Penal judicial code Código Procesal Penal
Military justice code Código de Justicia Militar
Aeronautical code Código Aeronáutico
Mining code Código de Minería
Argentine food code Código Alimentario Argentino
Checking National Laws Online
Library of the Ministry of Justice
Other Useful Resources
Infoleg, legislative information
Argentine system of judicial information
Library of the directorate general of judicial affairs
The ministry of justice, security and human rights website (in Spanish)
Country Guides
Country Guide Lexmundi

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The Jurisdictions

Justicia Federal. Fueros Civil y Comercial, y Criminal y Correccional Disputes relative to the Civil Code
Justicia Nacional del Trabajo Disputes relative to the Labor Code
Justicia Nacional en lo Civil Ministry of Justice
Poder Judicial de la Nación Ministry of Justice

Court Officials

The public officer who is in charge of the criminal investigation.
Lawyers under contract to the plaintiffs or the defendants.
An expert accredited to the Court.
Actuario judicial
Responsible for the identity of the different actors, the documents provided in the report, etc.
Presidente del Tribunal
Responsible for the smooth running of the hearings, the verdict and the sentences.
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