RELATIONS AND LEGAL SITUATIONS IN PROGRESS

TRANSCRIPTION OF THE SYNTHESIS ON THE THEME CARRIED OUT BY THE DRA. AÍDA KEMELMAJER DE CARLUCCI in the article entitled  "The application of the Civil and Commercial Code to the relations and legal situations in progress" published in the Magazine of Private and Community Law - 2015 Special issue - Keys of the Civil and Commercial Code - Rubinzal Culzoni Publishers Pages 137 to 193.

Summary or synthesis:

"In summary, the rules that emanate from the general rule, article 7 of the CC and C are the following:

1) Relations and situations of legal origin.

a) Constitution, extinction, and effects already produced at the time of entry into force of the new law: governed by the old law.

b) Constitution in progress, extinction not yet operated, effects not yet produced, immediate application of the new law.

2) Situations and relationships governed by imperative laws arising from acts between individuals.

a) Constitution, extinction, and effects already produced at the time of entry into force of the new law: governed by the old law.

b) Constitution in progress, extinction not yet operated, effects not yet produced, immediate application of the new law.

3) Situations and relations governed by supplementary laws of the will of individuals.

a) Constitution, extinction, effects already produced at the time of the new law: governed by the old law.

b) Constitution effects not yet produced, extinction not yet operated, governed by the old law.

c) Constitution in fieri , immediate application of the new law, since it is not an existing situation from which a supplementary will can be predicated.

d) In the relation of consumption, effects not yet produced, extinction not yet operated, governed by the new law, if it is more favorable for the consumer. " (1)

Some special situations:

"Marital property regime:

- The CCyC allows to choose between the community regime and the separation regime (articles 466 inc. D and 449). This norm is of immediate application, because it is a consequence of marriage. Consequently, also the marriages celebrated prior to the entry into force of the CC and C can opt for the separation regime with the form and effects provided in Article 449.

- Articles 456 and 462 of the CC and C present some differences with respect to article 1277 of the CC. (...) These norms are applied immediately to all marriages, whatever the date of celebration, but legal acts celebrated in advance can not be affected. " (2) 

" Coexistence unions :

a) The agreements that had been made prior to the validity of the CC and C are valid or null as they were with the previous law.

b) As of the entry into force of the CC and C, all the rules regarding the consequences of these relationships apply. For this reason, since August 2015, coexistence, even if the union had been constituted before that date, can request the registration provided in article 511, certifying compliance with the requirements set forth in article 510; they are obliged to provide assistance (Article 519); to contribute to household burdens (Article 520); to answer for debts, domestic to third parties (Article 521); if the union was registered, to comply with the household securities referred to in article 522.

c) The financial compensation provided for in article 524 applies to coexistence unions that expire after the entry into force of the CC and C, even if they have been constituted previously, but not if they were extinguished before the entry into force (... )

d) The allocation of housing in case of death provided in article 527 governs if the partner dies after the entry into force of the CC and C.

e) If the coexistence unions do not meet the requirements established in article 510, there is no problem of temporary right, because they were not ruled in the previous legislation either. " (3) 

" Suppression of paternal usufruct:

The CCyC has abolished the paternal usufruct. Obviously, the acts already celebrated at the time of entry into force of the law are valid and can not be affected. 

(...) It is a consequence of parental authority and consequently, the new law has immediate application.

In short, from the effective date of CC and C, parents can not use the income of their children's assets; on the contrary, they must comply with articles 697 and 698 whenever they intend to use them. " (4) 

The modifications to the prescription periods:

(Analysis of article 2537 CCyC)

"a) The terms in course that have been born under the force of a previous law, before its modification by a later law, are - as a rule - governed by the previous norm.

b) On the other hand, if the new law provides for a shorter term, the new law counted from the moment the new law enters into force will apply.

c) But if the application of the new law that establishes a shorter term leads to a longer period than that which would arise from applying the old law, the period expires when it would have expired if the old law continues to rule. "  (5) 

(1) Kemelmajer de Carlucci, Aída. "The application of the Civil and Commercial Code to the legal relationships and situations in progress." in Private and Community Law Magazine, "2015 - Extraordinary Number - Keys to the Civil and Commercial Code". Rubinzal - Culzoni Editors. Year 2015, pages 169/170.

(2) Kemelmajer de Carlucci, Aída. Op. Cit., Page 185.

(3) Ibid., Pages 185 to 187.

(4) Ibid., P.

(5) Ibid., P.