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Argentina

Civil law

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Argentina is a civil-law federation with a Constitution of 1853, last substantially amended in 1994. Since 2015 it has had a single Civil and Commercial Code that brings private law and commercial law together.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The National Constitution, which also gives constitutional rank to certain human-rights treaties
  • The Civil and Commercial Code (2015), the Penal Code and other national codes
  • Provincial laws, for matters that belong to the provinces
  • Court decisions and scholarly writing, which are persuasive

The main courts

  • The Supreme Court of Justice of the Nation at the top
  • National and federal courts of appeal and first-instance courts
  • Provincial courts, which apply the national codes in most everyday cases

Becoming a lawyer

A law degree (abogado), then registration with the bar association (colegio de abogados) of a province or of the city of Buenos Aires.

What may surprise you

  • Any judge can refuse to apply a law that conflicts with the Constitution in the case before them, and the Supreme Court has the last word.
  • Private and commercial law are united in one Code, unlike in France, where there is a separate Commercial Code.
  • Argentina's provinces keep their own courts and procedure rules.
  • The Constitution of 1853 was inspired partly by the US Constitution, though the private law is civil law.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Argentina as: Civil law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

Sources last reviewed: October 2026.

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Argentina, consult a lawyer qualified there. Report a mistake.