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EXCEPTION CLAUSES IN ARGENTINE PRIVATE INTERNATIONAL LAW, WITH SPECIAL REFERENCE TO HISTORICAL AND COMPARATIVE ASPECTS
This paper examines the exception clauses in Argentine Private International Law, which were given legislative form in the Civil and Commercial Code in 2015. It identifies the comparative sources on which they draw and traces their origins, since our working hypothesis concerns their current operation and projected use by legal practitioners. Methodologically, the study relies on comparative case law, in light of the scarcity of domestic decisions. The article provides a structured analysis of the proximity principle and the exception clause, addressing their relationship, content, and scope, and proposes a typology. Building on their characteristics, comparative assessment, and the relevant scholarship, it advances proposals for their application. Among statutory models, Swiss law serves as a primary reference, and, in our view, the Belgian Code offers the most precise and modern formulation. The clause’s exceptional character is linked to outcomes that would otherwise be manifestly arbitrary or unsuitable for the case; it should be invoked only when necessary.