New Civil Code : the 10 most controversial and least known According Maximum Fonrouge , president of the Bar Association of the City, these would be some of its most discussed. 1. Fines officials The executive project eliminates astreintes , which are financial penalties that judges apply when an official who refuses to enforce a claim against you . Always proved effective because they are imposed on the person , not the state. These fines are removed provides guidelines that aims to limit the liability of public officials , said Fonrouge Two . State responsibility The bill provides that the liability of the State and the officials will stop regulated by the Civil Code and will be under the purview of local laws. The problem is that these laws are yet to be issued , and no one knows how they will be , or if you tend to strengthen or lessen the responsibility. Until there is a paradox that in some provinces the law explicitly say that the responsibility is governed by the Civil Code . Then , each instance delegates control in the other and no one knows who will end up regulating . Three . Changes in ownership Articles 240 and 14 of the draft casts some doubt as to the right of ownership. The 240 is titled Limitations to the exercise of individual rights over the assets , and says that they should be compatible with collective rights , which is a fairly open . April . Changes in ownership II The executive introduced an amendment to the original project for which the property rights must conform to the rules of the national and local administrative law enacted in the public interest , and should not affect the functioning and sustainability of ecosystems. This is dangerous because it states that must comply with standards that are not only laws , but include decrees and resolutions. This can result in arbitrary decisions that eventually promote cronyism , and the restrictions are for some and not for others. Its like a blank check because expropriation can be enabled without a law. May . The dollar contracts The original draft prepared by the committee who expected to sign a contract which gave a dollar loan would be entitled to demand to be paid in that currency. But the executive branch introduced a clarification which , however , the debtor could desobligarse paying in pesos. Of course you can still dollar contracts being signed , but the problem is that after peso could be canceled . This creates a lot of uncertainty . For example , to open the discussion on how weights are repaid , how the value for the day when you sign the contract or with the time that is paid ? In addition there would be a mismatch in the banking operations if taken loans in dollars and expressed in dollars, and it is quite possible that banks have stopped lending in dollars. Some say that in fact no executive clarification would enable this to happen , but the truth is that if you are modifying a code that ruled for 140 years , the best would do well clear. June . Surrogacy Another issue is that a couple use the womb of another woman to have a child . Beyond the project say that you can not get a profit from that, we know that the reality will be something that is very difficult to control, and it will transform into a kind of trade that violates basic human rights . And there are things not covered , as the woman to host the baby in her womb then refuses to deliver . July . Gamete use third The problem with the changes made on the family completely beyond the issues raised by the Church or any religious position . For example , according to the project , there will be guys that gametes could be born using outsiders to parents, and they will not be guaranteed the knowledge of their identity. August . The absence of explanatory notes The current code has notes to aid interpretation . The new was deliberately done without them. This leaves enormous discretion justice , as it will enable broader interpretations and controversies . 9. The composition of the drafting committee No one can question the quality of the lawyers who joined the commission. What perhaps could be discussed is that of which two Supreme Court justices . If an appeal against an item came to the Court would have to judge things that they themselves wrote . While it is true that with the slow pace of justice in Argentina , when you get a resource of this type before the Court , may no longer be in office . 10 . The rounds of consultation Changing the code is not something that the company is claiming to live. So do not believe all career fair . For example , the government stipulates that takes effect only six months after approval. Not bad drafting a new code , and it is true that no version can be perfect and conform to all , but I think we can take more time to discuss it. Because the drafting committee worked for more than a year on the project, but the public was only able to see when it was introduced in Congress . The project has many good things and those things are going to remain so , but it would be good to review the points that generate more discussion . I have not gone the rounds of consultations carried out by the joint commission in the provinces , but in Buenos Aires attended by the Public School and other lawyers , and the truth is that exercise was frustrating and unproductive . One had to expose in ten minutes what to present, in the more than twenty members of the commission had only four or five , that were alternating , and did a single question. Also, you have to see how it goes the opinion of the joint commission , because perfectly can say that everything is well thought by specialists, but modify only two or three details and vote on campus closed book .
Posted on: Tue, 12 Nov 2013 07:32:01 +0000
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