Understanding Legal Systems and the Argentine Civil Code

Fundamentals of Law and Legal Systems

Law is the set of rules governing conduct and relationships between individuals. We define positive law as the collection of legal provisions currently applied in daily life, representing the legal order in effect within a country. The National Constitution serves as the fundamental law.

Sources of Law

Sources of law refer to the origin of regulations included in the legal system. These include:

• The Law: A general, compulsory rule sanctioned by a state organ in accordance with the National Constitution.
• Custom: The habitual repetition of conduct. Customary law is the set of rules created by custom.

Types of Customary Rules

1. Rules applied where the law expressly refers to them.
2. Rules applied in situations not covered by the law.
3. Rules formed against the law.

Jurisprudence and Administrative Decisions

Jurisprudence refers to the orders or judgments issued by judges and courts. Administrative decisions are those taken by authorities of various public agencies. Additionally, agreements between individuals—such as sales contracts—constitute a source of private law.

Legal Codes in Argentina

A code is a set of rules relating to specific areas of law, methodically collected and sorted for better consultation and usage. The Argentine Constitution stipulates that the National Congress must issue civil, commercial, criminal, mining, and labor safety codes. These are known as substantive codes and apply throughout the territory of the Argentine Republic.

The Argentine Civil Code

The Civil Code is an orderly collection of rules governing relations between individuals, including personal rights, family relations, succession, and property rights.

Dalmacio Vélez Sarsfield (1800–1875)

A prominent politician and jurist, Vélez Sarsfield played a key role in the rise of Argentina's civil organization in the second half of the 19th century. In 1864, President Mitre requested the drafting of a Civil Code, a task completed in 1869 during the presidency of Sarmiento. Congress sanctioned the bill as national law shortly thereafter.

Sources of the Civil Code

Vélez Sarsfield drew inspiration from various international sources, including:

• The French Civil Code (Code Napoléon)
• Spanish law
• The work of Brazilian jurist Augusto Teixeira de Freitas
• Roman law and Canon law
• The Louisiana Civil Code