THE CIVIL AND COMMERCIAL CODE OF THE NATION
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Article 1-Amend article 2386 of the Civil and Commercial Code of the Nation, by the following text:
Article 2386: Inofficious donations. The donation made to a descendant or spouse whose value exceeds the sum of the available portion plus the legitimate portion of the donor, even if there is a waiver of colation or improvement, is subject to colation, and the difference in money must be compensated.
Article 2 °-Amend article 2457 of the Civil and Commercial Code of the Nation, by the following text:
Article 2457: Actual rights constituted by the recipient. The reduction is extinguished in relation to the legitimary, the real rights constituted by the donor or by his successors. However, the reduction declared by the judges shall not affect the validity of the actual rights on recordable goods constituted or transmitted by the donor in favour of third parties in good faith and for consideration.
Article 3-Amend article 2458 of the Civil and Commercial Code of the Nation, by the following text:
Article 2458: Reipertory action. Subject to the provisions of the foregoing Article, the legitimary may pursue against third parties acquiring the goods registrable. The recipient and the proposed sub-acquirer, where appropriate, may wish to disinterest the legitimate party by satisfying the legitimate share of the money.
Article 4 °-Amend article 2459 of the Civil and Commercial Code of the Nation, by the following text:
Article 2459: Procurement Prescription. In any event, the reduction action does not proceed against the recipient or the sub-acquirer who has possessed the donated thing for ten (10) years computed from the acquisition of the possession. Article 1901 applies. The knowledge of the existence of the donation shall not be obstinate by the good faith of the possessor.
Article 5 °-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON NOVEMBER 11 OF THE YEAR TWO THOUSAND TWENTY.
REGISTERED UNDER NO 27587
CLAUDIA LEDESMA ABDALLAH DE ZAMORA-SERGIO MASSA-Marcelo Jorge Fuentes-Eduardo Cergnul
e. 16/12/2020 N ° 64304/20 v. 16/12/2020