Equal treatment principle under the new Civil and Commercial Code
Beginning in 2016, the practical importance of this modification to the code is relevant in the litigation area. Due to the fact that as a result, the recognition of equal treatment in the new Civil and Commercial Code, foreign owners or applicants of trademarks, patents and other IP rights litigating in Argentina will no longer have to comply with a security for costs.
The Argentinean Unified National Civil and Commercial Code entered in force in August 1, 2015. Among the many changes in the fields of civil and commercial law, it has introduced new regulations on Argentine private international law, including the principle of equal treatment of foreign nationals.
Before this modification, foreign individuals or companies litigating in Argentina could be subject to the preliminary objection, which a defendant in a court action was allowed to file if the plaintiff had no domicile or immovable property in Argentina.
Prior to this change foreign individuals or companies litigating in Argentina could be forced –upon defendant’s request– to post a bond to guarantee the payment of the legal costs if the complaint was dismissed.