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Argentina

Effective date: 1 January 1988

Declarations and reservations: An Article 96 declaration is in effect for Argentina.

"In accordance with article 12 and 96 of the United Nations Convention on Contracts for the International Sale of Goods, any provision of article 11, article 29 or Part II of the Convention that allows a contract of sale of its modification or termination by agreement or any offer, acceptance or other indication of intention to be made in any form other than in writing does not apply where any party has his place of business in the Argentine Republic."

Comments: This is an authorized Article 96 declaration. A consequence of Article 12, among other provisions of the CISG, is that the CISG supersedes otherwise applicable requirements of form to conclude a contract for the sale of goods. A Contracting State that does not desire this files an Article 96 declaration.

The Civil Code of Argentina includes the classical rule that contracts beyond a certain small amount cannot be proven by witnesses. However, for commercial contracts the Commercial Code qualifies this statement: the second paragraph of Article 209 of the Argentine Commercial Code states that contracts of a higher amount ("mayor cuantia", i.e., beyond 200 "pesos fuertes", whose conversion to present day values yields an insignificant amount) can be proven by witnesses only if there is a commencement of written proof (generally understood as any document issued by the party who seeks to negate the existance of the contract.) This has been liberally construed by the courts.


Pace Law School Institute of International Commercial Law - Last updated January 22, 1998
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