Argentine Civil Code

August 24th, 2012
by Richard

Finally the New General Law of Societies (1988) ratifies this unification. – On the other hand, the Argentine Civil Code regulates the civil societies, and the Law of Commercial Societies Argentine only regulates the commercial societies. In that sense, it is valid to realise an exercise of legal comparison of the New Peruvian General Law of Societies with the Law of Commercial Societies Argentine. – Finally, he is pertinent to consider the indicated thing by Enrique Elas Laroza, who mentioned: the mercantile society always has profit aim, the civil society no; the civil society has only economic aims that cannot be mercantile speculation. Nevertheless, it is also precise to take into account the indicated thing by Ripert, Messineo and Elas Laroza, that after long time (decades, first) to try to find differences basic in the object of the civil societies and the mercantile ones, they concluded in which the difference was so vague since societies of civil form with mercantile object and societies with commercial object with civil object existed.

4.1. LEGAL NATURE. – The Nlgs refers: Who constitute the society agrees upon contributing to goods and services for the exercise common of economic activities (Art. 1). The Lsc indicates: the contract by which a society constitutes itself or modifies, will be granted by public or private instrument. (Art.

4). 4.1.1. COMMENTARY. – We appreciated that although is certain that the Nlgs avoids specifically to mention the contractual character and the society (unlike the Lsc), yes for of implicit way since I finish being suitable has not been meaning another thing that to contract. 4.2. FORMALITY. – The Nlgs mentions: by public writing that contains the social pact, which includes the statute. (Art. 5). Lsc indicates: by public or deprived instrument. (Art. 4). 4.2.1. COMMENTARY. – The Lsc adds the possibility of formality of the society by private instrument.

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