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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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As from November 2, the Resolution will come into effect for all the procedures filed before the PR.

Index of /archivo/2016/legislacion/nacional

This year period of the Kirchners in power would end in December It is not the first time that the legislator introduces separate or appropriation assets in Argentine law5. As to the legal pyramid, the CCC provides Article provides that private entities shall be governed: Moreover, guaranties cannot be assigned without the credit that the guarantees serve as such.

The new CCC is quite 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.

The CCC, under title X, introduces some amendments to forced heirship rules. On the other hand, shared property must be shared because it is presumed that the acquisition of the said assets was carried out jointly.

Finally, corporate-wise we welcome the possibility to hold board meetings by electronic means, but do not understand why then the requirement to have a majority of members of the board being resident was maintained since members of the board can make decisions about the company by electronic means even being far from the corporate domicile.

The minute must be signed by the president implying only applicable to SA and another administrator, providing how the resolution was adopted and maintaining a record of such resolution. Modificaciones a la Ley de Sociedades.

As can be noticed there are only two rules within the TA that expressly refer to the bankruptcy proceeding issues and two other rules that virtually do so based on their reference to non-bankruptcy final liquidation solutions. Section 10 TA specifies that upon termination of the trustee, latter shall be replaced by the substitute appointed in the agreement or according to procedures foreseen therein.

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 main amendment of the CCC is the regime of separate property.


TA 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. However, future inheritances cannot be held in trust. As mentioned, the Resolution brings about the regulations and general resolutions issued in the past decade, thus re-arranges those former resolutions incorporating also certain applicable jurisprudence and the opinion of scholars.

Esto no quiere decir, sin embargo, que la reforma resulte innecesaria o mala; solo que hubo poco consenso en lo que respecta a la necesidad de debate en torno a la reforma.

This means that upon death of the decedent, the heirs have all rights and shares of the decedent in an undivided fideicomkso, except those that cannot be inherited. If there are heirs with different forced portions, the portion available will be calculated in accordance with the greater reserved portion.

We believe this wording of Article of the CCC is too broad planting the seeds for innumerable claims for extended liability to persons that may have had nothing to do with the relevant operations of the entity. It constitutes a legal act that in this regard resembles the pledge of claims. Improvement The CCC introduces the concept of improvement, which was unknown in our legislation, allowing for the decedent to fideicomso the reserved portion fideiomiso order to exclusively improve it for disabled heirs, whether they are descendents or ascendants.

As can be noticed, these solutions agree with those related to the trust previously analyzed in the present article. 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.

Como ya se ha mencionado, la ley que promulga el CCC The former civil code, in force until August 1st,characterized the marriage property regime as the formation of a mass of goods fideicomieo, upon termination of marriage, would be shared between the spouses. Remember me on this computer. In which case, each of them would have a common expectation on the acquired goods. Otherwise trustee shall proceed to execution in accordance with the procedure agreed upon at the act of bankruptcy or that leey by the bankruptcy judge and proceeds thereof shall be destined to pay pertinent creditors rideicomiso of the trust proportionately to their credits.


With regard to the remainder beneficiary fideicomisariohowever, Section of the CCC provides that the trustee cannot be a remainder beneficiary. The CCC classifies entities in either public or private.

Trust and Insolvency Proceedings in Argentina | Hector Jose Miguens –

Title II of the CCC refers to the matrimonial property regime, Chapter I refers to the general provisions of the matrimonial property regime and Section 1 deals with the matrimonial conventions, a whole new concept fideickmiso Argentine law. In this case liquidation does not proceed, bearing in mind that the legal text gives cause to ascertain in section 16 TA that liquidation proceeds “in the absence of other remedies foreseen by trustor or beneficiary pursuant to fidricomiso provisions”.

Amendments to Forced heirship rules. The project to unify and enact new legislation 24441 the Civil and Commercial Code had been passed into law on October with — to be honest- little debate. In summary, we have many changes to digest in a short period of time.

In this case the legislator has favoured winding up of assets instead of bankruptcy, ruling in this respect terms and conditions related to fideicoiso in general, in sections 15 and 16 TA, and financial trusts, in sections 23 and 24 TA. Creditors of partnership quota shareholders have no rights on fund assets, whereas they may only exercise inherent rights afforded by share certificates or share quotas thereto.

Kirchner died in fideeicomiso in his wife was reelected for another four-year term. Although, in principle, assignment of claims under guarantee, is not executed by virtue of title acquired gratuitously, whereas at fiduciary title, legal interpretation of the “gratuitous” term does not eliminate the fiduciary title whenever debtor has not received in the concept of consideration any equivalent asset or without any legal obligation to do so.

Las principales modificaciones del CCC son las siguientes: Conclusion In summary, we have many changes to digest in a short period of time.