November 2, 2019   |   by admin

Registro Declarativo Oponibilidad Novedades: Registración del dominio fiduciario. Nuevos Documentos inscribibles. Fideicomiso en el Nuevo. Partes 1) Fideicomitente o Fiduciante: 9) Modalidades del Fideicomiso Tipología alternativa de fideicomisos: 11) Jurisprudencia Judicial. FIDEICOMISO INMOBILIARIO Definición Art. Cuando una parte, llamada fiduciante, transmite o se compromete a transmitir la propiedad.

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The period of existence of private entities is considered unlimited unless it is limited by the law or by the bylaws of the entity. The forced heirs, i.

In order to better understand this connection it is necessary to previously refer to separation of assets or appropriation assets included in our civil and commercial regimes. The main differences between the other corporate types and the one-man corporation are:.

Nothing precludes this solution: The project to unify and enact new legislation with the Civil and Commercial Code had been passed into law on October with — to be honest- little debate. As from November 2, the Resolution will come into effect for all the procedures filed before fdeicomiso PR.

Index of /archivo/2016/legislacion/nacional

Kirchner died in and in fidwicomiso wife was reelected for another four-year term. The originator could also be declared bankrupt and its fideicmiso would encompass legal acts executed with the purpose of integrating a securitization process.

Section of the CCC sets forth a list of personal assets including, among others, assets that each spouse owns at the moment marriage was solemnized, assets acquired after marriage either by inheritance, legacy or gift. Each spouse is liable to their creditors with their own assets and the shared property acquired by them.

Trust and Insolvency Proceedings in Argentina | Hector Jose Miguens –

Bankruptcy of the Beneficiary. Article provides for the fiduciary duties or directors and members of the entity.

The CCC introduces many amendments that may affect our clients. It is a safe, speedy and transparent system that eliminates multiplicity of secured creditors with the practical complications that are derived from such an occurrence.


The CCC introduces the concept of improvement, which was unknown in our legislation, allowing for the decedent to reduce the reserved portion in order to exclusively improve it for disabled heirs, whether they are descendents or ascendants. Pursuant to a systematic interpretation of section 14 TA, the trustee is personally liable for loss of the property or reduction of its value based on his failure to act with highest degree of diligence or fraudulent insolvency.

Click here to sign up. Although current Trust Law did not expressly establish a prohibition for the trustee to be a trust beneficiary, most scholars believed that this prohibition was implied by such Law.

Once marriage is dissolved, the undivided property, which could lead to conflict of interests, will be divided in accordance with the provisions regarding inheritances set forth in the CCC. This means that upon death of the decedent, the heirs have all rights and shares of the decedent in an undivided way, except those that cannot be inherited.

These proceedings may be also initiated when the decedent has left no assets upon his death, but has made gifts. The Resolution is a comprehensive text that regulates all the procedures that are carried out by the PR and include all prior individual regulations of the PR adapting such regulation in the Resolution to the amendments to the corporate laws provided in the CCC and the ACL. The inclusion of names of individuals must be authorized by the relevant individuals which is presumed if the individual is a member of the entity.

However, the management and disposal of shared property belongs to the fideicojiso that has acquired them.

The procedures initiated until November 2, and until their termination; however, the relevant applicant can request the application of the Resolution, if the relevant applicant believes that the terms of the Resolution are more favorable. The regime terminates upon dissolution of marriage or by modifying the regime agreed on between the spouses. In accordance, by virtue of the fact that both receiver and managing corporations are legal entities, these can indeed be declared bankrupt, however, fund property is excluded from pertinent proceedings.


It is not the first time that the legislator introduces separate or appropriation assets in Argentine law5. The Resolution and this whole new registration system will come into effect on November 2 , however, certain regulations are applicable since August 3,such as: The CCC provides for the authority of resolutions of the board or shareholders being adopted by electronic means video conference, phone, etc.

Provisions common to both regimes. Sin embargo, no se puede constituir fideicomiso sobre herencias futuras. Prenuptial conventions were allowed only in the situations set forth in the civil code, which did not include the fkdeicomiso to opt for a particular regime.

The new CCC is fideucomiso different than the ones we had for over years and the legislative technique is quite different; the former code had notes explaining the rationale under each article. Conclusion In summary, we have many changes to digest in a short period of time. Financial Fideciomiso and Bankruptcy. It should be noted that only in these cases the spouses are jointly liable.

Article 1 of the ACL provides that there will be a company when one or more persons, according to the corporate types provided in the ACL, are obliged to make contribution in order to produce goods or services, participating in the profits and contributing to the losses.

Leyy confers to contractual parties an ample scope of wilful autonomy upon entitling latter to concur on causes, methods, person in charge, term, advertising, burden of costs, penalties, etc.

The CCC, under title X, introduces some amendments to forced heirship rules. The main differences between the other corporate types and the one-man corporation are: Assumptions Related to Trust in Guarantee.