The Senate debates the Law of Inviolability of Private Property: What it is about

The Senate debates the Law of Inviolability of Private Property: What it is about
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Argentina

The initiative promoted by Milei aims to reinforce respect for private property, a fundamental pillar for the economic and social development of the country

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This Thursday, Congress debates the project of the Law of Inviolability of Private Property, an initiative promoted by the Government of Javier Milei aimed at reinforcing the unrestricted respect for private property as a fundamental principle for the economic and social development of the country.

The initiative seeks to reverse a historical situation that affected legal security and economic predictability in the country.

In this sense, the text recalls that Argentinians have lived for over a hundred years with constant, various, and absurd violations of property rights in our country, resulting in a scenario where Argentinians do not know if what they own is truly theirs.

President Javier Milei
President Javier Milei

More protection against expropriations

One of the central axes of the project is to limit the power of the State regarding expropriations. The reform proposes that public utility must be interpreted in a restrictive manner and justified in each case, avoiding arbitrariness.

Additionally, it establishes that the State must demonstrate that the expropriation is “suitable, necessary, and proportional, and that there was no less burdensome alternative.” In the same vein, the text is emphatic: “If there is an alternative that does not involve taking someone else's property, the State is obliged to take it.”

Regarding compensation, a full indemnity based on the real market value is guaranteed, updated for inflation and with the possibility of including lost profits when applicable.

President Javier Milei
President Javier Milei

Faster and more predictable evictions

Another highlighted point is the reform of the eviction system, which aims to resolve one of the main problems of the current scheme: judicial slowness.

Currently, these processes can extend for years. With the new law, they would be processed through summary proceedings, reducing resolution times to months. Mechanisms are also incorporated to facilitate the identification of properties and expedite notifications, avoiding delays that currently benefit illegal occupants.

Fire Law

In environmental matters, the initiative maintains the protection of native forests but introduces modifications to the Fire Law to avoid adverse effects on production.

The project questions previous regulations that are the result of an extreme environmentalism that was an absurd regime that punishes the producer victim of a fire twice. In this sense, it seeks to differentiate between those who intentionally cause fires and those who suffer losses due to accidental causes.

Javier Milei and Luis Caputo
Javier Milei and Luis Caputo

The regulation maintains sanctions for those who set fires for illegal purposes but prevents them from automatically falling on affected producers.

Modernization of the registration system

Finally, the project promotes a profound transformation of the real estate registration system. It proposes to advance in digitalization, reduce deadlines, and unify criteria among jurisdictions.

Among the measures, the creation of a Federal Real Estate Single Window and a digital network to facilitate access to registration information throughout the country stands out.

According to the project, this modernization is key to energizing the economy: “A slow registry increases the cost of operations, delays investment, and even restricts credit.”

Together, the initiative of Milei's Government seeks to consolidate a clearer and safer legal framework for property owners and investors. Strengthening private property is an indispensable condition to attract investments, generate jobs, and leave behind decades of legal uncertainty in Argentina.


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