The new unified civil and commercial code and cultural heritage protection in Argentina

Abstract

The recent reform of the Unified National Civil and Commercial Code will bring about significant changes in the Argentine legal system. The aim of this article is to analyze their impact in relation to the area of cultural heritage, especially in regard to the public property status of archaeological and paleontological heritage. Changes adopted - in contrast to those proposed, which referred to the issues related to indigenous communities and the protection of collective rights - are also discussed. The latter is the most innovative aspect of the reform since it involves a change of approach regarding private property and strengthens the regulatory powers of the state over private property, which might be applied to the protection of cultural property.