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Civil Code Regimen Of Minors And The Family - Updated Text Of The Norm

Original Language Title: CODIGO CIVIL REGIMEN DE MENORES Y DE LA FAMILIA - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
MODIFICATIONS TO THE REGIME OF MENORES AND FAMILY LEY 14.394

Sanctioned: 14-12-1954

Promulgated: 22-12-1954

WHY:

The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, are strongly sanctioned by LEY: I ARTICLE 1 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 2 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 3 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 4 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 5 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 6 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 7 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 8 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 9 (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 10. ! (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 11. ! (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 12. ! (Article 12 of the Law No. 22.278 B.O. 28/8/1980). ARTICLE 13. ! (Article 12 of the Law No. 22.278 B.O. 28/8/1980). II ARTICLE 14. ! To marry, a woman is required to be 14 years old and a man is 16. It may be contracted validly with a minor age when the woman, with whom she intends to marry, had conceived. Dispensation of the age may also be obtained in the cases referred to in article 132 of the Criminal Code, which shall be agreed upon at the request of the persons concerned by the judge of the case under the conditions established by that article.

Marriage in violation of the minimum age may not be annulled if the spouses had cohabited after reaching the legal age, or whatever the age, if the wife had conceived.

III. ARTICLE 15. ! Where a person has disappeared from the place of his or her home or residence, without any news of his or her place, the judge may, at the request of an interested party, designate a curator to his or her property, provided that the care of such persons requires him. The same rule shall be observed if, by being seized, their powers are insufficient, they do not properly carry out the mandate, or the mandate has expired. ARTICLE 16. ! The judge of the domicile shall be competent, or, failing that, of the last residence of the absentee. If the latter had not had them in the country or were not known, it would be that of the place where there were abandoned property, or that which would have prevented them when such property was found in various jurisdictions. ARTICLE 17. ! A statement of absence and the appointment of the curator may be requested by the Public Prosecutor ' s Office and any person who has a legitimate interest in the assets of the absentee. ARTICLE 18. ! The alleged absentee shall be summoned by edicts for five days, and if the term does not appear, the official defence counsel shall be intervened, or the absentee shall be appointed as a defender. The Public Prosecutor ' s Office will be a necessary part of the trial.

In the event of urgency, the judge may designate an interim administrator or take the measures that the circumstances may suggest.

ARTICLE 19. ! He heard the absentee's defender, and by resorting to legal ends, the absence will be declared and he will be appointed curator. For this designation the right relatives of the absentee will be preferred in the following order:

1. The spouse, when the hereditary vocation is preserved, or the conjugal society persists;

2. The children;

3. The father or the mother (Incision replaced by art. 13 of the Law No. 23.264 B.O. 23/10/85);

4. Brothers and uncles;

5. The other relatives in an successive degree.

ARTICLE 20. ! The personal qualities, powers and obligations of the curator of the absentee are governed by the provisions of the Civil Code in respect of guardians and curators. If action against the absentee is deducted before the appointment of the curator, he shall be represented by the counsel whose appointment is provided for in article 18. ARTICLE 21. ! Finish the healing of the declared absent:

1. By the presentation of the absentee, whether in person or by the possessor;

2. For the death of the same;

3. For his alleged death, judicially declared.

ARTICLE 22. ! The absence of a person from the place of his or her home or residence in the Republic, whether or not he or she has been taken, without any news of the place for three years, causes the presumption of his or her death.

That deadline will be counted from the date of the last news of the existence of the absentee.

ARTICLE 23. ! The death of an absentee is also presumed:

(1) When it had been found in the place of a fire, earthquake, war action or other such events, which could cause death, or had participated in a company that implied the same risk and that there was no news of it for the term of two years, counted from the day it happened, or the event could have occurred;

(2) If you find yourself in a shipwrecked or lost ship or aircraft, there is no news of your existence for the term of six months from the day the event occurred or may have occurred.

ARTICLE 24. ! In the cases of the preceding articles, they may request the statement of the presumptive day of death by justifying the legal ends and carrying out proceedings for the investigation of the existence of the absentee, all who have any right subordinated to the death of the person concerned. The jurisdiction of the judge shall be governed by the rules of article 16. ARTICLE 25. ! The judge shall appoint an absentee or give an intervention to the official defender when he is within the jurisdiction and shall summon him for edicts, once a month, for six months.

It shall also designate a curator to his property provided that there was no ruler with sufficient powers, including that provided for in article 19, or where for any reason he did not properly carry out the mandate.

ARTICLE 26. ! After six months of the trial and hearing, the judge, if any, shall declare the alleged death of the absentee, shall set the presumptive day of his death and shall have the registration of the sentence in the register of the civil status of the persons.

The declaration of absence provided for in article 19 does not constitute a necessary budget for the declaration of death, nor does it supplement the verification of the steps taken to ascertain the whereabouts of the absentee.

ARTICLE 27. ! It will be set as the presumptive day of death:

1. In the case of article 22, the last day of the first and a half year;

2. Under article 23, paragraph 1. the day of the event when the absentee was found, and if not determined, the day of the mid-term of the time when it happened or could have occurred;

3. In the circumstances of article 23, paragraph 2, the last day the missing ship or aircraft was reported.

Where possible, the judgement shall also determine the presumptive time of death. Otherwise, it will be due to the expiration of the declared day as presumptive of death.

ARTICLE 28. ! The judge shall, if any, open the will of the disappeared person.

The heirs to the presumptive day of death and the legaries, or their successors, shall receive the assets of the absentee, upon the formation of the inventory.

The domain of the property of the alleged deceased shall be inscribed in the corresponding registry, with the prenotation of the case, on behalf of the heirs or legates who may partition them, but do not dispose or tax them without judicial authorization.

ARTICLE 29. ! If the goods were delivered, the absent or certain news of their existence would be presented, the latter would have no effect.

If preferred or concurrent heirs are presented to justify their right to the time of the alleged death, they may claim the surrender of the goods or their corresponding participation in them, as appropriate.

Without prejudice to the provisions of articles 1307 et seq. of the Civil Code, in the above cases the provisions regarding the holders of good or bad faith shall apply to the fruits perceived.

ARTICLE 30. ! After five years of the presumptive day of death, or eighty years since the birth of the person, the prescribed prenotation will be without effect, since that time, free disposal of the property. The marital society is closed and liquidated. ARTICLE 31. ! (Article repealed by Article 9 of the Act No. 23.515 B.O. 12/6/1987). ARTICLE 32. ! If the absentee reappears he may claim the delivery of the goods that exist and in the state in which they are found; those acquired with the value of those who are missing; the price that is owed from those who were disposed of, and the unconsumed fruits.

If in the same circumstances preferred or concurrent heirs are presented, they may exercise the action of petition for inheritance.

In both cases, it shall rule on the obligations and rights of the possessor of good or bad faith.

IV. ARTICLE 33. ! Add to article 108 of the Civil Code, as a second paragraph, the following text:

"In cases where a person ' s body was not found, the judge may have the death to be verified and have the relevant registration in the registry, provided that the disappearance had occurred in such circumstances that the death should be considered to be true. The same rule applies in cases where the identification of the body was not possible."

V ARTICLE 34. ! Every person may constitute "family property" an urban or rural property of his or her property whose value does not exceed the living and housing needs of his or her family, according to rules that will be established by regulation. ARTICLE 35. ! The constitution of the "family good" produces effect from its registration in the corresponding Real Estate Registry. ARTICLE 36. ! For the purposes of this law, it is understood by the family that the owner and his spouse, his descendants or ascendants or adoptive children; or in the absence of them, his or her collateral relatives up to the third degree, even of consanguinity that they live with the constituent. ARTICLE 37. ! The "family good" cannot be alienated or subject to legacies or testamentary improvements. Nor may it be encumbered without the consent of the spouse; if the spouse is opposed, lacking or incapable, the taxation may be authorized only when he or she is causing serious or manifest usefulness to the family. ARTICLE 38. ! The "family property" shall not be subject to execution or embargo for debts subsequent to its registration as such, or even in the case of competition or bankruptcy, with the exception of obligations arising from taxes or fees that directly grave the property, charges constituted under the provisions of article 37, or provisions for construction or improvements introduced in the estate. ARTICLE 39. ! The fruits that produce good shall be paid as soon as they are not indispensable to meet the needs of the family.

In no case will it affect the embargo more than fifty percent of the fruits.

ARTICLE 40. ! The "family property" shall be exempt from the tax on free transmission due to death throughout the territory of the Nation when it is opposed in favour of the persons mentioned in Article 36 and provided that it is not disaffected within the five years of the transmission. ARTICLE 41. ! The owner or his family shall be obliged to inhabit the property or to exploit the existing property or industry on its own account, except for exceptions that the implementing authority may agree only temporarily and for duly justified reasons. ARTICLE 42. ! The registration of the "family property" shall be managed, in national jurisdiction, before the administrative authority established by the national executive branch. As regards property in the provinces, local authorities will determine the authority that will have competence to intervene in management. ARTICLE 43. ! The applicant must justify his or her dominion over the property and the circumstances provided for in articles 34 and 36 of this law, including the name, age, kinship and marital status of the beneficiaries, as well as the charges against the property. If there is condominium, the management must be made by all co-owners, justifying that there is among them the kinship required by article 36. ARTICLE 44. ! When the constitution of a "family property" has been set up by a will, the judge of succession, at the request of the spouse or, failing that, of the majority of the persons concerned, shall order the registration in the respective real estate registry provided that it is appropriate in accordance with the provisions of this law. If the beneficiary is incapable, the registration may be requested by the counselor or by the judge. ARTICLE 45. ! It cannot be more of a "family good". When a person becomes the sole owner of two or more family assets, he or she must choose to live a single one in that character within the time limit set by the implementing authority, subject to the expectation of keeping the first constituted as a family asset. ARTICLE 46. ! All procedures and acts linked to the constitution and registration of the "family property" shall be exempt from the seal tax, office law and the fees corresponding to the Property Register, both national and provincial. ARTICLE 47. ! The administrative authority shall be obliged to provide the interested parties, free of charge, with the necessary advice and collaboration for the implementation of all procedures related to the constitution and registration of the "family property". If this, however, the interested parties wish to intervene with professionals, their fees may not exceed 1 per cent of the tax valuation of the property for the payment of the territorial contribution. ARTICLE 48. ! In the trials concerning the hereditary transmission of the family good, the fees of the intervening professionals may not exceed 3 % of the tax valuation, governed by the general principles the regulation concerning the other goods. ARTICLE 49. ! The disabling of the "family property" and the cancellation of its registration in the Real Estate Registry will proceed:

(a) At the request of the owner, with the consent of the spouse, in the absence of the spouse or if the spouse is incapable, the request shall be accepted provided that the family interest is not compromised;

(b) At the request of the majority of the heirs, when the "family property" has been constituted by testament, unless there is a misconformity of the surviving spouse or incapable, in which the judge of the succession or the competent authority shall decide what is most appropriate for the family interest;

(c) At the request of the majority of the partners, if there is condominium, computed in proportion to their respective parties;

(d) At the request of any interested party, where the requirements provided for in articles 34, 36 and 41 do not persist, or all beneficiaries have died;

(e) In the event of expropriation, claim, sale of a court decreed in execution authorized by this law or existence of a serious case justifying the disabling of the competent authority.

ARTICLE 50. ! Against the decisions of the administrative authority which, in the national order, denie the registration of the "family property" or decide disputes concerning its disabling, taxation or other actions provided for in this law, may be resorted to in relation to the judge of the civil in turn. VI ARTICLE 51. ! Any person may impose on his or her heirs, even forcible, the indivision of heirs for a period not exceeding ten years. If it were a particular asset, or a commercial, industrial, agricultural, livestock, mining, or any other constituting an economic unit, the period of indivision may be extended until all heirs reach the age of majority, even if that time exceeds ten years. Any other term exceeding the maximum allowed, shall be reduced to this term.

The judge may authorize the division, in full or in part, at the request of the party concerned and without waiting for the time set, when serious circumstances or reasons of manifest utility or legitimate interest of the third party occur.

ARTICLE 52. ! The heirs may agree that the indivision between them will be full or partly for a period not exceeding ten years, without prejudice to the temporary partition of the use and enjoyment of the goods among the partners.

If there are incompetent heirs, the agreement concluded by their legal representatives shall have no effect until judicial approval.

These conventions may be renewed at the end of the established period.

Any of the heirs may request the division, prior to the expiry of the deadline, provided that they mediate justified causes.

ARTICLE 53. ! Where there is a commercial, industrial, agricultural, livestock, mining or other property in the hereditary acquis that constitutes an economic unit, the surviving spouse who has acquired or formed it in whole or in part may object to the division of the good for a term of up to ten years.

At the request of any of the heirs, the judge may authorize the cessation of the indivision prior to the fixed term, if serious or manifestly profitable causes justify the decision.

During the indivision, the administration of the establishment shall be the responsibility of the surviving spouse.

The provisions of this article shall apply equally to the house built or acquired with funds of the conjugal society formed by the causator, if it were the habitual residence of the spouses.

ARTICLE 54. ! The hereditary indivision may not be opposed to third parties, but from its registration in the respective registry. ARTICLE 55. ! During the indivision authorized by law, the private creditors of the co-owners may not execute the undivided asset or an ideal portion thereof, but they may collect their credits with the profits of the exploitation corresponding to their respective debtor. ARTICLE 56. ! In cases of indivision of hereditary property located in the Federal Capital or national territories, the General Impositive Directorate, at the request of the interested parties, shall agree on special time limits for the entry of tax on the free transfer of goods, without interest, with or without bail, which in no case shall exceed the term fixed to the indivision or five years, if the term is greater. If the division of the inheritance takes place before the specified deadlines take place, they shall be deemed to have expired and the tax balance due shall be entered within the month following that in which the division occurred.

The national executive branch will manage the granting of franchises similar to those established in this article by provincial governments.

ARTICLE 57. ! This law shall begin to govern the ninety days of its publication, with articles 36, 37, 38 and 39 of the Criminal Code being repealed and all the provisions that and when they were opposed to it. ARTICLE 58. ! Contact the Executive.

Given in the meeting room of the Argentine Congress in Buenos Aires, 14 December 1954.

A. TEISAIRE - A.J.BENITEZ - Alberto H. Reales - Eduardo T. Oliver

! Registered under No. 14.394 .

Buenos Aires, December 22, 1954

TANTO:

Please follow the National Law, fill in, report, publish, give to the General Directorate of the National Register and archvese.

PERON - Angel G. Borlenghi

DECRETO N° 21.802 Policy Background: Article 1 replaced by art. 12 Decree-Law No. 5286/1957 B.O.23/5/1957; Article 2, replaced by art. 13 Decree-Law No. 5286/1957 B.O.23/5/1957; Article 4, replaced by art. 14 Decree-Law No. 5286/1957 B.O.23/5/1957; Article 5, replaced by art. 15 Decree-Law No. 5286/1957 B.O.23/5/1957; Article 7, replaced by art. 16 Decree-Law No. 5286/1957 B.O.23/5/1957; Article 8, replaced by art. 17 Decree-Law No. 5286/1957 B.O.23/5/1957; Article 11, replaced by art. 18 Decree-Law No. 5286/1957 B.O.23/5/1957; Article 13, replaced by art. 19 of Decree-Law No. 5286/1957 B.O.23/5/1957; Article 1 replaced by article 3 of the Act No. 21.338 B.O. 1/7/1976. Proceeding: from the 15 days of publication; Article 3, replaced by article 3, of the Act No. 21.338 B.O. 1/7/1976. Proceeding: from the 15 days of publication; Article 4°, replaced by Article 3° of the Act No. 21.338 B.O. 1/7/1976. Proceeding: from 15 days of publication; Article 5, replaced by article 3, of the Act No. 21.338 B.O. 1/7/1976. Proceeding: from the 15 days of publication; Article 8, replaced by article 3 of the Act No. 21.338 B.O. 1/7/1976. Proceeding: from the 15 days of publication; Article 9, replaced by article 3 of the Act No. 21.338 B.O. 1/7/1976. Proceeding: from the 15 days of publication; Article 10, replaced by Article 3 of the Act No. 21.338 B.O. 1/7/1976. Watch: from the 15 days of its publication;