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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But it can happen that the bankrupt trustor may have constituted the trust during the period of suspicion. Such resolutions shall be consented by all the relevant members.

As mentioned in the aforementioned case, trust assets shall be proportionately incorporated into the bankrupt estate as may apply in accordance with provisions specified in the trust agreement or will. Regime of shared property. 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 Books of Authority have affirmed that the declaration of bankruptcy might affect the financial trust instrument whenever latter might entail a corporation organized with the sole and exclusive purpose of receiving claims or values that shall serve to support issuance of securities to be offered to investors.

Any and all notifications carried out in the registered domicile shall be fideicomlso valid and binding upon the entity. Amendments to the Matrimonial Property Regime.

Improvement 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. The spouses-to-be may choose among two different property regimes, carrying different consequences.

Notwithstanding this, Section expressly prohibits the creation of trusts over future inheritance. Mergers and spin-offs require the unanimous consent of all the members of the entity, unless provided otherwise in the bylaws.

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.

In this case the legislator fideicomizo favoured winding up of assets instead of bankruptcy, ruling in this respect terms and conditions related to trusts in general, in sections 15 and 16 TA, and financial trusts, in sections 23 and 24 TA. However, many of the amendments are welcomed. As to the legal pyramid, the CCC provides Article provides that private entities shall be governed: Finally, corporate-wise we welcome fiveicomiso 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.


Prenuptial conventions were allowed only in the situations set forth in the civil code, which did not include the right to opt for a particular regime. The CCC classifies entities in either public or private. In lieu of all the aforementioned actions, action for enrichment without cause on the part of trustor can also be brought, however, in an ancillary manner to any other civil or commercial action. Were the assignment of the claim to be executed during the period of suspicion, the act might be deemed as not opposable for bankruptcy creditors and, if applicable, the assigned credit should be incorporated into the bankrupt estate.


In this sense, the CCC provides that the following are the main attributes of private entities are: Trusts are now regulated in Chapter 30 of the CCC, which incorporates suggestions of let scholars and case law with respect to certain issues of interpretation and application of trust law. Based on this last reason, the bankruptcy solution is not precluded either by virtue of the fact of the inexistence of legal personality of trust assets.

Notwithstanding some changes, the new regime of shared property is still characterized by the distinction between personal assets and shared property.

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.

Pursuant to Sectionfireicomiso there are only descendants or ascendants, the portion available will be calculated in accordance with the applicable reserved portions.

Index of /archivo/2016/legislacion/nacional

Foreign private entities incorporated overseas shall be governed by the general corporate law. 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. Overall, the CCC substantially improves the concept of forced heirship portions, both in its extension as well as in its clarity, in relation to the previous provisions set forth in the Civil Code.


Irregularities inherent to the rule included in section 15 in fine, TA have been observed, and what finally should be concluded thereof is that beneficiary creditors cannot be placed in better or worse conditions than their own debtor, viz.

Trust and Insolvency Proceedings in Argentina | Hector Jose Miguens –

Otherwise trustee shall proceed to execution in accordance with the procedure agreed upon at the act of bankruptcy or that indicated by the bankruptcy judge and proceeds thereof shall be destined to pay pertinent creditors beneficiaries of the trust proportionately to their credits. This Section provides that when the trustee fails to purchase insurance or when the insurance coverage proves unreasonable with respect to risk or amounts, the trustee is responsible under the terms of Section 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 fideiclmiso the amendments to the corporate laws provided in the CCC and the ACL.

The electoral system, the judiciary system, the media law system, and there was an attempt to amend once again the Constitution which ly halted due to the poor result of the legislative elections. Sections 23 and 24 also include virtual bankruptcy related contents whereas not expressly specified. It should be noted that only in these cases lej spouses are jointly liable. Each spouse is liable to fideicomisk creditors with their own assets and the shared property acquired by them.

The trustee may also be a trust beneficiary: The period of existence of private entities is considered unlimited unless it is limited by the law or by the bylaws of the entity. Public entities are the Federal State, the Provinces, the City of Buenos Aires, the municipalities, autarchic entities, foreign states, organizations created by public international law, and the Catholic Church.

With regard to trusts, the amendments introduced by the CCC have maintained the systematization leh text of the current Trust Law. Entities must have assets net worth. Absence of such rules, the following fideeicomiso apply: