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Argentine Contract Law: Key Principles for Foreign Investors

The fundamentals of Argentine contract law that every foreign investor and business operator should understand.

May 24, 2026

The Civil and Commercial Code

Argentine contract law is governed primarily by the Código Civil y Comercial de la Nación (CCyC), in force since 2015. It modernized and unified private law, incorporating principles of good faith, consumer protection and objective liability that characterize contemporary continental European legal systems. Contracts are generally enforceable as written, subject to certain mandatory protections that cannot be waived by agreement.

Key Principles

Contracts in Argentina are subject to: the principle of good faith (buena fe) in both negotiation and performance; the doctrine of unforeseen circumstances (teoría de la imprevisión) which allows renegotiation of contracts rendered excessively onerous by unforeseeable events; and mandatory protective provisions for consumers and employees that override contrary contractual terms.

Practical Advice for Foreign Parties

Always use written contracts, drafted or reviewed by Argentine legal counsel, in Spanish. Specify governing law (Argentine law is presumed for contracts performed in Argentina). Define dispute resolution mechanisms — Argentine courts are functional but slow; arbitration clauses (CIAC, ICC) can provide faster resolution. Roffo reviews and drafts all commercial contracts for clients operating in Argentina.

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