The franchise agreement in Argentina has recently undergone
major changes. Argentina approved a new Civil and Commercial Code
by Law Number 26,994, (Código Civil y Comercial de la
Nación or CCCN), effective as from 1 August 2015.
The CCCN abrogates both the Civil Code and the Commercial Code, as
amended, which have ruled Argentine private law for more than one
hundred years.
Under the abrogated Codes, franchise agreements were not
statutorily regulated. Therefore, all franchise businesses
operating in Argentina were governed by the stipulations agreed
upon by the parties in their particular agreements and by case
law.
The new CCCN covers franchise agreements in Articles 1,512
through 1,524. As a general principle, the CCCN in its Article 962
sets forth that legal norms relative to contracts only apply in the
absence of parties´ stipulations, unless their imperative
nature results from their way of expression, content or context.
Should disagreement about the
