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Amendments to Articles of the CCCN For the Purpose of Limiting the Actions of the State in Civil Relations.

On December 21, 2023, it was published in the Official Gazette the Decree 70/2023 called “BASES FOR THE RECONSTRUCTION OF THE ARGENTINE ECONOMY” (the “Decree”). By means of this Decree, after declaring a public emergency in economic, financial, fiscal, administrative, pension, tariff, health and social matters until December 31, 2025, the Executive Power repealed and amended several regulations in order to deregulate the economy.

Among the most relevant amendments made by the Decree are those related to freedom of contract, restoring the principle of autonomy of freedom that was the guiding principle of the Civil Code in force until the enactment of the Civil and Commercial Code of the Nation, which entered into force through Law No. 26,994 and Decree No. 1795/2014.

With this purpose, the Decree modifies different articles of the CCCN in order to guarantee less participation of the State in contracts signed between private parties, and to limit jurisdictional interference therein.

Access the complete text of the Decree here.

This report does not constitute a legal opinion on specific issues. If necessary, specialized legal advice should be sought.

For further information, please contact:

Sebastian Luegmayer – LuegmayerS@eof.com.ar

Ernesto José Genco   –  GencoE@eof.com.ar

Marcela Lorenzo Villalba – LorenzoM@eof.com.ar

Enrique Garda Olaciregui – GardaE@eof.com.ar

Jerónimo Ocampo – OcampoJ@eof.com.ar