Abstract

ARMELLA, Cristina N.. The new Civil and Commercial Code in the Republic of Argentina. Its impact on notarial activity. Rev. IUS [online]. 2015, vol.9, n.36, pp.331-358. ISSN 1870-2147.

This present contribution is especially directed to the analysis of the experience in the notarial field over three months during the implementation of new private law from the perspective of specific cases, because addressing practical experience over the value of doctrinarian development, is highly beneficial to understanding how the common man is being affected by the new rules that govern his conduct. It took thirty years to unify the private law in the Republic of Argentina. Lawyers have supported it and criticized it with the same vehemence, with more subjectivity than objectivity. We must not forget in this first stage of implementation, prudence needs to prevail in the understanding of the normative content.. We must understand that beyond the norm, the priority is the human person, whose conduct it regulates; and that human being, due to better positioning facing the system, is always vulnerable. Six specific issues were developed: application of law within time, the restricted capacity of the human person, the unity of the act, notarial interventions of people who do not know the national language, people with hearing disability, and the notarial function of verification.

Keywords : Civil and Commercial Code of the Nation; Restricted Capacity; notarial function; Unity of contracts; special interventions; people who do not know the national language.

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