What makes an Argentine contract different.
These are the features of Argentine law that most often decide whether a contract does its job. They are also the ones a foreign template or an out-of-country lawyer is most likely to get wrong.
Currency: contracting in US dollars
This is one of the most important issues in Argentine contracting. Under the Código Civil y Comercial as amended by DNU 70/2023 (in force from 30 December 2023), obligations may be agreed in a currency that is not legal tender in Argentina, such as US dollars, and the debtor must pay in the agreed currency. This reinforced the parties’ freedom to contract in foreign currency and to hold each other to it. How the currency clause is drafted, and how payment and any conversion are defined, is central in a country where the exchange landscape is complex. We draft currency terms deliberately, not by default.
Language and enforceability
Spanish is the language of the Argentine courts. A contract can be written in English, or bilingually, but if it ever has to be enforced or filed before an Argentine court or public authority, a translation into Spanish by a traductor público (a sworn public translator registered with the Colegio de Traductores Públicos) is generally required. Drafting bilingually from the start, with a clear governing-language clause, avoids disputes over meaning and the cost and delay of sworn translation later.
Employment law is highly protective
Argentine employment relationships are governed by strongly protective labour legislation, and many rights cannot be waived by contract. Misclassifying an employee as an independent contractor carries real exposure. Employment and contractor agreements must be drafted to reflect the true relationship and the mandatory protections that apply.
Consumer protection is mandatory
Contracts with consumers are subject to Argentina’s consumer protection regime, which overrides contrary terms and controls abusive clauses. If you sell to consumers, your terms have to be built around these mandatory rules rather than against them.
Good faith and abuse of rights
The Code requires contracts to be negotiated, formed, and performed in good faith, and it lets courts control the abusive exercise of contractual rights. Overreaching or one-sided clauses are more vulnerable here than in some other systems, so contracts are drafted to be firm but balanced.
A contract that ignores Argentina’s rules on currency, language, and mandatory protections is not a shortcut. It is a dispute waiting for a trigger.