Law and Compliance in Argentina
- 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
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
Find Legal Experts in Argentina on GlobalTrade.net.
|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|
- 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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