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The Civil Code of Argentina was the legal code in force between 1871 and 2015, which formed the foundation of the system of civil law in Argentina. It was written by Dalmacio Vélez Sársfield, as the culmination of a series of attempts to codify civil law in Argentina. The original code was approved on September 25, 1869, by the passage of Law 340, and became active on January 1, 1871. With numerous subsequent modifications, it continued to be the foundation of Argentine civil law (''Derecho civil argentino'') for more than a century. On 1 August 2015, the Civil Code of Argentina was replaced by a new Civil and Commercial Code - ''Código Civil y Comercial de la Nación''.〔http://www.infoleg.gob.ar/infolegInternet/anexos/235000-239999/235975/norma.htm〕〔http://jornadaonline.com/Pol%C3%ADtica/139234-Comienza-a-regir-el-nuevo-C%C3%B3digo-Civil-y-Comercial〕 Vélez Sársfield's code reflects the influence of the continental law and liberal principles of the 17th century. It was also influenced by the great Napoleonic code, the Spanish laws in effect at that time in Argentina, Roman law (especially through the work of Savigny), canon law, the draft of the Brazilian civil code (''Esboço de um Código Civil para Brasil'') by Freitas, and the influence of the Chilean Civil Code (by Andrés Bello). Approval of the Argentine civil code was necessary for judicial reasons and political reasons. It gave a new coherence and unity to civil law. The civil code's authority over provincial law improved the inconsistent existing legislation throughout the country at the time. This unity and coherence would bring two important benefits: it would facilitate both the people's knowledge about the law, as well as its application by judges, the legislation would also strengthen the political independence of the country, through legislative independence and national unity. In spite of the stability brought by the civil code to the Argentine law system, it was subject to various modifications throughout its history, as was necessary to adequately regulate a society undergoing significant social, political and economical changes. The most important reform was Law 17.711 of April 22, 1968. Not only did the law change around 5% of the complete article, it is especially important due to the change in orientation regarding some regulated institutions. There were also other reform projects that were not implemented. Along with proposals to change institutions and methods, one of them proposed to merge the civil code with the ''commercial code'', following the example of the Italian code. After decades of deliberations, a new ''Código Civil y Comercial de la Nación'' was approved in 2014, and entered into force in 2015, replacing the old code.〔http://www.infoleg.gob.ar/infolegInternet/anexos/235000-239999/235975/norma.htm〕〔http://jornadaonline.com/Pol%C3%ADtica/139234-Comienza-a-regir-el-nuevo-C%C3%B3digo-Civil-y-Comercial〕 == Precursors == The codification in Argentina was part of a process being undertaken around the world, due to the advantages that such a systematic approach granted. Indeed, there had been earlier codifications; those completed toward the end of the 18th century and the beginning of the 19th century had a strong influence on the compilation of the Civil Code of Argentina. Stemming from these, there were separate attempts at civil codification in the Argentine republic during the first half of the 19th century, but it was finally achieved in 1869. The unification of the country and its political growth and strengthening demanded the codification of the civil laws, since it was not possible to continue under the uncertainty caused by the inadequate code that existed under the rule of the Spanish. Before the Civil Code, there had been several attempts to this effect, without success. In 1824, Juan Gregorio de las Heras issued a decree appointing one commission charged with compiling the Commercial Code and another charged with compiling the Military Code, but neither of these two projects' efforts came to fruition. In 1831, the Legislature of Buenos Aires adopted the Spanish Commercial Code compiled in 1829 and created a commission to see to any reforms to it that might be necessary. In 1852, Justo José de Urquiza created a commission of 14 members for the compilation of the Civil, Penal, Commercial and Procedural Codes. However, the revolution of September 11 of that year, which resulted in the secession of the Province of Buenos Aires from the Argentine Confederacy, prevented this project from making any concrete progress. The Argentine Constitution of 1853, in clause 11 of article 67, authorized the Argentine National Congress to draw up the Civil, Commercial, Penal and Mining Codes. With the intent of fulfilling this constitutional mandate, Facundo Zuviría brought before the Senate a law that would empower the Executive Branch to appoint a commission to complete those tasks. The law was passed and signed by Urquiza, but for financial reasons the initiative was postponed. In the State of Buenos Aires, an initiative to launch a Civil Code suffered the same fate. On October 17, 1857, a law was passed that authorized the Executive Branch to spend the necessary funds to compile the Civil, Criminal and Procedural Codes, but the initiative was ultimately frustrated.〔Zorraquín Becú (1952). ps. 60 y ss.〕 However, the Commercial Code had better luck. The task of compiling that code had been given to Dalmacio Vélez Sársfield and Eduardo Acevedo Maturana, who sent it to the legislature for its approval. The Commercial Code of the State of Buenos Aires was finally passed in 1859, and it was this code that was adopted at the national level in 1862 and amended in 1889. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Civil Code of Argentina」の詳細全文を読む スポンサード リンク
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