CODIFICATION IN LATIN AMERICA IN THE 19TH CENTURY. The French Civil Code enacted in 1804 was the “model” to draft Latin American civil codes in the early 19th century

The French Civil Code enacted in 1804 was the “model” to draft Latin American civil codes in the early 19th century. Since it had Roman law influence, its adoption did not require an entire break from the preexisting Spanish and Portuguese colonial legal structure. Moreover, the 19th century codification served to consolidate the Roman law introduced in Latin America by Spanish and Portuguese colonial legislation. In general, the language and concepts of the French codes were clear and familiar for Latin American countries because of their affinities with the legal institutions that were introduced in Latin America during the colonial period. Latin American civil codes enacted in the 19th century adopted a variety of other legal sources. From this perspective, the sources most frequently cited as contributing to the formation of the Civil Codes in Latin America are the following:

o the “Roman-Germanic family” or civil law tradition.

o Spanish and Portuguese laws enforced in Latin America before civil codes were drafted.

o The French Civil Code of 1804, known as the Napoleonic Code.

Additionally, other civil codes enforced at the time of civil codes drafting in Latin America include the Civil Codes of Germany, Spain, Switzerland, Sardinia, Austria, Prussia and the two Sicilies influenced the formation of the Civil Codes in Latin America. For instance, the Brazil Civil Code of 1917 had a remarkable influence of the German Civil Code, and Cuba adopted almost entirely the Spanish Civil Code of 1889. Civil law treaties and studies written by prestigious French, German and Spanish scholars in the 19th century among others also contributed to some extent.

Over the 20th century, the obsolescence in various degrees of the early 19th century codes motivated a tendency towards legislative reforms in Latin America. This phenomenon follows the general tendency in civil law systems toward the partial or global reforms of codes to adapt socio-economic and legislative changes.

TASK 13. Translate the text.

TASK 14. Retell the text.

TASK 15. Choose one of the following topics and prepare a report on a subject of your choice and present it in class:

1. Laws of Babylon

2. Laws of Ancient Greece and Rome

3. The Magna Carta

4. The Petition of Right

5. The Bill of Rights

6. Law of Habeas Corpus

7. Napoleon’s Code

Не нашли, что искали? Воспользуйтесь поиском: