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ARTICLE · 15 AUGUST 2016

New Civil And Commercial Code – The Shipping And Transport Perspective

A new Civil and Commercial Code entered into force on August 1 2015, which governs civil and commercial matters in Argentina.

ArgentinaTransport
Francisco J. Venetucci
Francisco J. Venetucci

Introduction

A new Civil and Commercial Code entered into force on August 1 2015, which governs civil and commercial matters in Argentina. In this context, Argentine law – which follows the civil law system – has replaced the Commercial Code (1859) and the Civil Code (1869). The new code makes improvements to Argentina's legal framework, particularly in the fields of family law and consumer law. However, the reform does not appear to be straightforward from a shipping and transport law perspective. The Navigation Act (20,094/73) was not affected and remains separately binding to the code, as does the Aeronautical Code (17,285/67).

Contract of transport

The code introduces a new chapter that addresses the contract of transport applicable to the carriage of goods and passengers. The chapter primarily endeavours to set out general principles and rules. While these principles appear to cover any contract of carriage – whether by land, air or sea – the

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