Defense of Actual and Constructive Possession and an Unresolved Matter of Lawmakers of Procedural Law

Abstract

The New Civil and Commercial Code of the Argentine Republic has concealed the change in the prevailing social paradigm, causing the constitutionalization of Private Law. In this sense, in order to make the right to effective judicial protection more efficient, the Code provides a simplified system of defense of actual and
constructive possession over property, which is more adequate to the needs of legal certainty. The dual regime of possessory actions, which was applicable until the enforcement of the new code, provoked multiple debates in legal theory. Furthermore, the existence of injunctions made this system even more tedious. The New Civil and Commercial Code simplifies and improves this regime, being its introduction in Provincial Procedural Codes still an unresolved matter.