Código Penal de la República Argentina (Spanish Edition)

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To get the free app, enter mobile phone number. See all free Kindle reading apps. I'd like to read this book on Kindle Don't have a Kindle? Nabu Press 12 March Language: The biggest number of articles have a note on the law of Partidas , of the Royal Forum, of the recopilated ones. The influence of this legislation regarding its method and technique was practically null, what can be understood due to the dispersion that characterized it. The national legislation had little relevance on private law, though it did partially influence on the work of the Coder.

Such is the case of the hereditary vocation of the article 3,, whose antecedent is the law dictated by the legislature of the Buenos Aires Province dictated on May 22, Canon law had a large influence over family law , especially in the area of matrimony. But the validity of matrimony was unchanged from the canonical version and the dispositions of the ecclesiastical courts, which would remain until the sanction of the law of civil matrimony. For them it would be an endless concubinage, condemned by the religion and customs of the country.

Any law that would authorize such matrimonies, in the present state of our society, would ignore the mission of the laws, which is to keep and strengthen the power of customs, not to weaken and corrupt them. It would give incentive to Catholic people to ignore the precepts of their religion, without a beneficial result for individuals or families. For those who do not profess the Catholic religion, a law that gives marriage a religious characteristic does not attack in any sense the freedom of cult, for the law doesn't force anyone to renounce their beliefs.

Each one can invoke God from the altar of one's own cult. The influence of this code in the Coder movement proved very important, and the Civil Code of Argentina did not escape from this influence, being in a direct way or through his commentators. The direct influence can be shown in the articles copied from the French code. The influence of Brazilian lawyer Augusto Teixeira de Freitas came from two of his works: His "Draft" was commended to him by the Empire of Brazil in , but remained unfinished after completion of article 4,, without reaching the inheritance section.

That code was highly valuated by the Argentine Coder, and it is estimated that he based on it for the formulation of articles of the Argentine code. That project held 3, articles, and it's calculated that it helped in the formulation of articles of the Argentine Code. Method is of crucial importance in a codification work, due its systematic nature, and to the vastness of the subject. Hence it is important to regard and direct man's behavior through general and specific formulae that find their appropriate place among the assembled articles.

According to Freitas's ideas, it is convenient to commence a Code Law by the general dispositions, then address the ones referred to the subject of every legal relation " the theory of persons ". But, as men don't live isolated but in their family's bosom, it must be continued with the Family law. Then the individual enters the civil life and establishes links person-to-person: Finally it must be legislated about the theory of estate , with the " successions " and the "theory of privileges".

To end, the institution of prescriptions , that, as referring to the rights as a whole, it was considered appropriate to locate it in a section inside the common dispositions to the real and personal rights. The compilation of the Civil Code was organized around a set of fundamental principles, which were based on ideas in vogue at the time of its compilation:. The presence of these notes stems from a request from the Ministry of Justice, that he annotate each article and its conformity to or divergence from laws currently in force in the country, as well as those of the major world powers.

The notes are very valuable from a doctrinal standpoint. In them the codifier states the problem, summarizes the arguments and chooses a solution, always in a succinct manner. As a result, the Code became a veritable treatise on comparative law , which proved to be quite useful, as the bibliographic material available at the end of the 19th century was not plentiful. In this manner, for example, all the footnotes in Book IV were brought directly from the original drafts by Victorino de la Plaza without any of the pertinent modifications.

This edition, known as the Buenos Aires edition , had many errors, and the numbering of the articles wasn't done with the work as a whole, but independently in every tome. This numbering method resulted very useful at the time of its writing, as the addition or suppression of new articles required minor touch-ups in the group of articles, but once printed was inefficient. Because of this, President Sarmiento insinuated to the codifier the necessity of making a new version that included the typos corrections.

I want to ask you for the ardous service of reading with utmost care the three last books and correcting in them the printing mistakes or replacing and erasing some words that may be missing or have no need to be there.

Código Penal de la República Argentina

I insist that you do me this favor with all your powers so the official version be good". The printing was trusted by Sarmiento to the Argentine minister in Washington, D. This edition, renowned as the New York edition , maintained the numbering depending on each tome, and wasn't free of typos either. The first law of Errata was the law No. This was necessary because when the first copies of this edition arrived in the country at the end of , President Domingo Faustino Sarmiento 's opposition took advantage of the modifications in the legal code sanctioned by Congress to initiate a media campaign against the government.

For this reason Victorino de la Plaza and Aurelio Prado were appointed to compare both versions and report on the existing differences. While they were doing so, on January 1, President Sarmiento's decree declared the Buenos Aires edition to be official. In August of that year, Dr. Prado reported that they had found 1, differences between the two texts, but due to the intrascendencia of many of these alterations, they concluded that the new edition of the code was not contrary to that sanctioned by Congress.

However, public opinion was not amiable with this solution, as it declared official a text only nominally approved by the Congress and had a great amount of misprints besides. As this project passed through the commissions of the Chambers of Deputies and Senators, the number grew up as far as This errors are the ones that the Law No.

But all the corrections were not limited to merely formal adjustments: This is the case of the alteration introduced in the article , in whom it was added as a requisite sine qua non the state of natural son to start an action of paternity after the father's death:. Not being in the possession of this state, this right can only be exercised by the children during the lifes of the parents".

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The Law 1, also established the making of a new edition that included the corrections stated in that law. Abiding that disposition, in the third edition of the Civil Code was made, known as The Pampa edition for the name of the workshop who did the printing. This edition includes an important modification, being that the articles are number as whole. In , President Julio A. Roca ordered a new edition that eliminated the articles revoked by the Civil Marriage Law and introduced the new dispositions without altering the numbering of the non-modified articles.

At the end of the task, the project was sent to the national government, who in turn passed it to the Faculty of Law of the University of Buenos Aires to examine it. The Faculty designated a commission, who after the investigation determined that the project introduced reforms in the law doctrine. After asking for a competence extension, the Commission proposed this modifications in , although the project was never dealt with by the Congress. The rationalist notion that all law should be condensed and comprehensively written in a code was challenged by social, economic and political mutations which imposed a need for the text to be constantly updated.

One of the issues that divide the doctrine on this subject is the question of whether it is more convenient to make partial reforms of the code or to completely substitute it with another one. Until recent times, the Civil Code has only been partially reformed, the most notable reform effort being that associated with Law Nevertheless, there have been several projects to replace the Code completely, including one that went so far as to attempt to merge it with the Commercial Code.

The changes in these laws were made by the court system or by legislative reform, and the ones listed here are only the most influential.

In the State Secretary Office of Justice designated a commission to evaluate a reform to the Civil Code, without determining whether it should be total or partial. Borda occupied at that moment the position of Interior minister, but that didn't stop him from contributing to the project, as the elevation note established, giving " evidence of the valuable and effective collaboration made by the minister of Interior, the doctor Guillermo A. Borda, who dedicated long hours to the deliberations of the Commission , in spite of the multiple tasks due to the official duties of the position he currently occupies " [17].

Although not all the doctrine agreed then with the changes made by the law, which gave it many criticisms, time proved that the reform was an important advance in the Argentine civil legislation. This was the first project for integral reform of the Civil Code, which took place in This project was begun by the Law No. Doctor Bibiloni was commissioned the writing of the draft, which would serve as an orientation for debates. Because of this, the committee had started to have debates since and not This draft has a great influence in German judicial science, not only directly in the German Civil Code , but also through its commentaries.

The commission utilized the first draft edited by Bibiloni, but expanded it into a draft law which had great differences with Bibiloni's. Once finished with the first draft, the commission designated Lafaille and Tobal as editors, who sometimes disagreed with what was decided by the commission, and they managed to finish the draft in As far as its methodology, the draft contained a General Section , in which it deals with people, the facts, the things, the practising of the rights and the prescription; and four books in which it deals with the family, the obligations and their sources, the real rights and the succession, and finally it features a law of registries.

The whole of the articles of the project is relatively brief; it had 2, articles. Each article grouped in several paragraphs the solution to the issues related with the subject that was dealt with in the article, which made them dense but facilitated their study.

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