THE IMPORTANCE OF PUBLIC INSTRUMENTS' EMERGING VALUES IN THE NEW ARGENTINE PRIVATE CONTRACT LAW

The article analyzes the new Argentine Civil and Commercial Code's approach to the form as an element of the act that makes the parties' will visible and states that the study of form cannot be deprived of its relationship with other legal principles surrounding the Contracts' Theory, such as autonomy and legal certainty. Then, the author studies the classification among private instruments, individual instruments without signature -providing several examples- and focuses on public instruments enumerated in Section 289, their requirements, validity and effectiveness. Such requirements involve the author's analysis of public documents -that is, the notaries public-, their competences and tasks, coming to the conclusion that, within the frame of this new Family Law, they have become impartial actors.