An overview of civil procedure in Argentina

Autores

  • Francisco Verbic National University of La Plata

Palavras-chave:

Civil procedure, Latin American civil procedure, Principles of civil procedure in Argentina, Civil procedure reforms in Argentina, Mediation in Argentina, Class actions in Argentina

Resumo

The paper presents an overview of Federal Civil Procedure in Argentina, analyzing its historical and cultural influences as well as current trends. Firstly, it describes how the Spanish conquest influenced Argentine civil procedure and the main reforms that took place during 1968, 1981 and 2001. Then, it describes Argentine civil procedure main features, such as the “attenuated party-driven procedure”, the “contradiction principle”, and the “mixed written-oral system”, among others. Particularly, it focuses on two procedural devices developed along the last twenty-five years: mandatory mediation before accessing to courts and class actions litigation. Finally, the report states that, despite Argentina´s reform efforts, the Federal Civil Procedure structure still works with an outdated model based in a written scheme, with low levels of transparency and publicity, no close contact between parties and judges and lacks of new technologies, among other structural problems.

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Biografia do Autor

Francisco Verbic, National University of La Plata

Adjunct Professor of Procedural Law II, National University of La Plata School of Law and Social Sciences, Argentina. Academic Secretary and Professor of the LL.M. in Procedural Law, National University of La Plata School of Law and Social Sciences, Argentina.

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Publicado

2019-05-15

Como Citar

VERBIC, F. An overview of civil procedure in Argentina. Civil Procedure Review, [S. l.], v. 10, n. 2, p. 119–128, 2019. Disponível em: https://civilprocedurereview.com/revista/article/view/192. Acesso em: 27 set. 2022.

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