Private environmental law in light of the civil and commercial code

Abstract

SUMMARY:

This study addresses the Civil and Commercial Code of Argentina (Law 26944), in force since 2015, as a clear expression of the existence of Private Environmental Law, constitutionally based. By introducing environmental matters into Private Law, it produces a kind of symbiosis: the unified Civil and Commercial Code (Private Law) is impregnated with Environmental Law (it is “environmentalized”), and conversely, from the specialty, the legal microsystem, “Environmental Law”, in the corresponding plot, is internalized in Private Law (it is “privatized”). The code Civ. And Com. it implies a reformulation of the theory of sources and application (art. 1), of the interpretation of the law (art. 2), of the theory of goods (arts. 15 to 18), of the theory of rights ( art. 14), theory of norms (arts. 1st, 2nd, 3rd), of the exercise of rights (arts. 9th and ss.), of civil liability for damages (arts. 1708 et seq.), of the theory of the judicial decision (art. 3), among other novel aspects. The code Civ. Y Com includes a new paradigm in matters of goods, regulating aspects related to collective goods and collective values in reference to environmental rights, and communities such as indigenous peoples (part of a multicultural society and declares as a general principle of law, good faith (loyalty, transparent action), one of the strength ideas of environmental law, along with solidarity, cooperation, and peace, designing a novel model or version, of abuse of environmental law, or “ ECO-ABUSE ”(Sozzo). Finally, article 240, the compatibility rule, between the exercise of individual rights and collective advocacy rights, and of not affecting the functioning and sustainability of ecosystems, landscape, water, soil, water, flora, bio diversity, cultural values, which implies a deep rethinking of the relationships of man and naturewater, soil, water, flora, bio diversity, cultural values, which implies a deep rethinking of the relationships of man and nature.

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