Tort law at Argentina
Tort law in Argentina is governed by the Civil and Commercial Code of the Nation (Código Civil y Comercial de la Nación, CCCN), which came into effect on August 1, 2015, replacing the previous Civil Code. The CCCN unifies civil and commercial obligations and introduces significant reforms in tort law, emphasizing a more structured and equitable approach to civil liability.
⚖️ Key Principles of Tort Law Under the CCCN
Civil Liability Framework
The CCCN consolidates the rules for civil liability arising from torts and contractual breaches under a unified system, aiming for consistency and clarity in the application of liability principles.
Attribution of Damage
Article 1721 of the CCCN allows for both subjective (fault-based) and objective (risk-based) attribution of damage. In the absence of explicit provisions, subjective factors such as negligence or malice are considered.
Types of Fault
The Code distinguishes between:
Negligence: Failure to exercise due care.
Malice: Intentional harm or reckless disregard for others' rights.
Loss of Chance
Recognized as a compensable harm under Article 1739, loss of chance refers to the deprivation of a potential benefit due to another's wrongful act.
Damages for Personal Injury
In cases of physical or psychological injury, compensation is calculated using a formula intended to provide the injured party with sufficient capital to replace lost income. However, this approach has faced criticism for not fully accounting for non-economic losses.
👶 Liability for Minors
The CCCN introduces a more nuanced approach to the civil liability of minors:
Age of Responsibility: Minors aged 10 and above can be held personally liable for their actions.
Parental Liability: Parents are strictly liable for damages caused by their minor children living under their custody, with limited defenses available.
⏳ Limitation Periods
The CCCN establishes specific limitation periods for various claims:
General Tort Claims: 3 years from the occurrence of the damage or from when the claimant becomes aware of it.
Fraudulent Acts: 3 years from the discovery of the fraud.
Unjust Enrichment: 5 years from when the claimant becomes aware of the enrichment.
🏛️ Judicial System and Enforcement
Civil proceedings in Argentina typically commence with a summons and are subject to various procedural rules, including:
Pre-Trial Mediation: Mandatory in some jurisdictions, such as Buenos Aires, before initiating litigation.
Service of Process: Can be effected through various means, including personal delivery and postal services.
Limitation Periods: Statutes of limitation are considered substantive law and must be adhered to strictly.
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