Sources of Private International Law in the Argentine Legal System: Hierarchy of Legislation and its Interpretation in Case Law

Abstract

This article of revision analyses, within the sources of Argentine Private International Law, the hierarchy of norms adopted by the Constitution and by the new Civil and Commercial Code in force since August 2015 and the influence of International Human Rights Law. The methodology was based on the comparison of both regulations to determine coincidences and on the jurisprudential interpretation made by the highest Argentine court, its evolution and current trends. This work is made up of three parts: the first one identifies the fundamental principles of the Civil and Commercial Code that have an impact on Argentine Private International Law, the second one contains a brief description of the different legal systems and the third one analyses the articles that deal with the subject matter and its jurisprudential interpretation to date. Finally, it concludes with the adoption of a new postmodern, pro homine Argentine Private International Law, which indicates to Argentine judges that, when resolving an international ius privative legal relationship, i.e. one that brings together several national legal systems, they must pass sentence taking human rights into account, which is detailed in all this work.