Argentine New Civil Code: the impact on the daily lives

From August 1st, 2015 they will change the rules in everyday life. Nothing is equal before the law: birth, marriage, children and even die. That day will come into force on the new Civil Code of the Nation, which is a private life that the Constitution is public, in the words of its ideologue, President of the Supreme Court, Ricardo Lorenzetti.

The new law will bring very specific changes, which are, according to experts, an effort update to the lifestyle of today’s society.

So, fidelity disappears as marital duty and infidelity as grounds for divorce. People who marry may choose whether to live together and if they share their property. Those who choose not to marry can sign a cohabitation agreement and determine what it’s up to each if separated. To divorce will reach that one of the two wants, and disappear the causes and deadlines. The children have to hear both lawsuits as everyday decisions; for example, to leave the country with a child over 13 years is not enough traveling both parents. We will have to ask the guy if he wants to leave the country, like before making a medical practice. This, by setting out just some of the achievements in family life.

The previous Code which governed for 144 years, reflected another type of society, responding to a single model of family and a vertical relationship.

But there was also outdated to continue to regulate the daily life of the Argentines.

So five years ago, at the initiative of the national government to a committee of 100 lawyers, coordinated by Lorenzetti, by the judge of Supreme Court Justice Elena Highton de Nolasco and former member of the Supreme Mendoza court Aida Kemelmajer Carlucci was convened. After a year of discussions, they prepared a draft in 2012 gave the government, which after making a series of amendments, sent to the National Congress. He underwent more than 15 public hearings across the country, where over 1200 papers concerning who wanted to review the changes that were being received. However, according to Deputy Pro complaint Pablo Tonelli, who worked closely on the project, “the contribution of citizens in public hearings was ignored. No resulted in any concrete change in the text of the Code.” Two and half years later Congress into law.

The previous code had become obsolete, to continue regulating the lives of Argentines

From the day after tomorrow, the daily lives of Argentines must abide by these new rules.


When does life begin? Under the new Code, the existence begins at conception. The term “uterus” was removed. It is considered that life begins from the fruitful encounter between the sperm and the egg, inside or outside the womb. It also states: “If not born alive, it is considered that the person never existed.”

Name. When enrolling their child, parents can put up to three names. The text does not speak of parents but “filial ties” and states that no one can have more than two. All children of the same couple must bear the same surname or surnames integration made bearing the first child.

Genetic alterations. Practices are prohibited aimed at altering the genetic makeup of the offspring, except that tend to prevent genetic diseases.

Children heard. It recognizes the right of children to be heard, not only before a judge, in processes that involved. Teenagers from 13 years should establish its consent to certain medical treatments or even to leave the country with his parents. They can be themselves noninvasive studies. Over 16 invasive medical practices may be made without the consent of their parents.


To marry must be 18 and the concepts of man or woman are replaced by “spouses”. Code is added to equal marriage, with all its scope.

End of fidelity. Disappears marital duty of loyalty and adultery no longer exists as grounds for divorce. The couple is not required to live and disappears the duty of “mutual respect”. Instead food assistance should be.

Pre- and post-nuptial agreement. By marrying can choose not to share or property. The decision can be changed once a year and must be certified by a notary. If they choose the regime of separate property, each takes its heritage as if I was not married. Opt for a regime or another can have economic implications on the tax question. Marriages already established before it enters into force the new Code must wait a year to opt for a system of separation of property.

Cohabitation agreement. Those who do not marry can choose to sign an agreement with longer ranges than the marriages. In case of separation can point out what happens to the house, what kind of education their children will have and who will care for them, what will happen to pets and property. They may also set a reward or compensation in the event of a member end the relationship.

Without agreement there equal rights. The law recognizes rights to couples but not certify or sign a cohabitation agreement. They are not property or inheritance rights, however, in case of rupture or death, a judge may decide that housing will temporarily corresponds to one of the two, but not the owner, especially if there are children, but also if that person has no other place to live or if he left “injured” by the other’s decision to end the relationship. You can ask for compensation or financial reward. Besides, I could live in that house for time equal to that relationship lasted.

Lord and lady. Either spouse may choose to use the surname of the other, with or without the preposition “of”.

Out divorce. It changes the way of divorce. They disappear deadlines and causes. It will not prove to a judge who was at fault of marital failure nor be required to make a therapy to restore the relationship. He reached with one of the two decide to break the couple. For that, you must develop a plan to present to the judge, proposing how family life has since organized: expenditure, housing, children, debts and so on. The other part of the couple could learn such a decision, to take judicial notice.

Universal protection of housing. A married person or in convivial union may not sell or rent the family home without the consent of their spouse or partner.


There are new terms and criteria that are installed with the new Code. It removes the concept of “ownership” of the sons and replaced by “care”. He no longer speaks of “custody” but of parental responsibility. Either father or mother but affiliate link. No longer a visitation, but a communication system. The criterion of “procreational will”, according to which paternity is not defined by a biological link but by the desire to have a child appears.

Surrogacy. The draft envisaged and regulating surrogacy. Something that caused the rejection of the most conservative sectors of the Church itself. Finally the article was excluded.

Assisted reproduction. Although it was established that the subject of a specific law, the 26,862, introduced the concept of “procreational will” as a determinant of assisted affiliation, beyond the genetic affiliation. It states that if a couple can not become pregnant and decide to use assisted fertilization, using donor eggs or sperm, the affiliation will not be determined by the genetic material procreational but by the will of the couple. When the child is born you will be considered legitimate child of the couple, who can not contest paternity claiming genetic reasons.

Postmortem. The draft provides for the possibility of assisted fertilization after the death of one of the partners was made. This also excluded. And he emphasizes that centers must certify the authorization of the parties at the time of embryo implantation.

Biological origin. People born through techniques of assisted reproduction have the right to know their biological origin. The medical center must keep a record, to which the child can access through court filing in certifying the reasons why you want to know that information.

Adoption. The changes in the Code should mean a fast track processes, and that judges should be resolved within a maximum period of nine months on the situation of children growing up without parental care. At this time they must decide whether to declare or not adoptable. If not, you should return to her family of origin. But if this is not possible, for example because the situations which would remain away from home, should be authorized adoptability. Moreover, only valid adoptions of those that have been processed by registration in the Single Registry of Applicants for Guardianship with Adoption Purposes. The new Civil Code prohibits direct deliveries and guards in fact end up in an adoption.

Related children. A figure that recognizes the rights and obligations of the partner of the mother or father who is in charge of the care of children. It creates the related mother or father is entitled to be recognized by certain institutions. Such as in schools, or hospitals and sanatoriums.Moreover, you can not ignore the food and care of the child if the end of his relationship with the parent. In all these cases, the bond of father or mother shall be subject related to the presence or not of the actual mother or father.

Parents with a plan. Parents who decide to end their relationship should be established before Justice parenting plan, an agreement that includes the modalities under which child care play.This plan can set the time and place where the boy will remain with each assume their responsibilities, holidays, significant dates with family and everything related to communication between the child and the parent who does not live . To approve the plan, the judge will hear if the boys are or disagree with this proposal, or propose something different.

End of corporal punishment. The new Code specifically prohibits corporal punishment of children in all its forms, which in turn was contemplated by the previous Code.


The existence of the person ends by death, provided for in Article 93. The verification of death is subject to accepted medical standards, applying special legislation in the case of removal of organs. It also states that the absence of a person from his home without news of it has for three years to presume his death.

Heritage. The new Code modifies the percentage of legitimate inheritance, ie increasing from 20% to 33.3% the proportion of the inheritance that someone can let another person or institution, regardless of the existence of a family tie . This benefit, for example, who are not married, and that coexistence, certified or not, does not give inheritance rights.

Family trusts. The new legislation facilitates the creation of family trusts, that is funds that are created to be administered for a particular purpose.For example, someone who has a child with disabilities, or elderly parents and wants, besides heredity, leave resources to live and do not pass any need.

Declaration of incapacity. The new legislation eliminates the permanent nature of the disability statement. Instead, it will be for a specific purpose, such as the use of their property, which must be renewed every three years. And it includes the possibility of it by psychological factors or addictions of different types, for example, to play.

Dignified death. In circumstances of irreversible terminal illness or condition, you should consider the person’s decision to reject or accept extraordinary procedures and disproportionate to the possibilities of improvement or has the sole effect of prolonging a terminal in that state lifelife condition.