Copyright (c) 2009 All rights reserved. http://works.bepress.com/luciano_benetti_timm Recent documents in Luciano Benetti Timm en-us Sat, 29 Aug 2009 13:29:53 PDT 3600 http://works.bepress.com/luciano_benetti_timm/41 http://works.bepress.com/luciano_benetti_timm/41 Thu, 19 Feb 2009 14:56:18 PST What happened to private law in Mexico? In the early 20th century, this nation embraced a new world of legal thought, characterized by a 'socialization of law,' a 'social point of view,' or 'sociological jurisprudence,' and at the same time rejoiced in the passing of the nineteenth century world of laissez-faire, autonomous individuals and their rights. This paper examines how, as a result, the growth and development of Mexican private law has been seriously altered and stunted. Juan Carlos Marín Civil Law Translations Legal Education http://works.bepress.com/luciano_benetti_timm/40 http://works.bepress.com/luciano_benetti_timm/40 Fri, 19 Sep 2008 10:39:37 PDT The new 'must' in Brazilian private law is the so called 'constitucionalization' of institutions that historically pertained to the realm of private law such as contracts and property--as a result of the influence of the German Law idea of Drittwirkung der Grundrechte and the Italian intellectual movement della decodificazione civile. The former claims the methodological application of the principles of the Constitution (manly the idea of human dignity and other fundamental rights) to interpret general clauses such as social function of property and of contracts. The latter argues in favor of the decodification of private law (the death of the Civil Code). The paper discuss the application of those ideas to Brazilian Law and defends the radiating power and vitality of the Civil Code and private law. Luciano Benetti Timm Civil Law http://works.bepress.com/luciano_benetti_timm/39 http://works.bepress.com/luciano_benetti_timm/39 Fri, 19 Sep 2008 10:37:57 PDT The new 'must' in Brazilian private law is the so called 'constitucionalization' of institutions that historically pertained to the realm of private law such as contracts and property--as a result of the influence of the German Law idea of Drittwirkung der Grundrechte and the Italian intellectual movement della decodificazione civile. The former claims the methodological application of the principles of the Constitution (manly the idea of human dignity and other fundamental rights) to interpret general clauses such as social function of property and of contracts. The latter argues in favor of the decodification of private law (the death of the Civil Code). The paper discuss the application of those ideas to Brazilian Law and defends the radiating power and vitality of the Civil Code and private law. Luciano Benetti Timm Civil Law http://works.bepress.com/luciano_benetti_timm/38 http://works.bepress.com/luciano_benetti_timm/38 Fri, 19 Sep 2008 10:35:56 PDT The article passes a critical eye over the ideological foundations of Section 421 of the Brazilian Civil Code that deals with the so called 'social function of contract' found in the French sociological tradition (notably Durkheim.) Leon Duguit was the main legal scholar representative of this thought and applied this method to what he described as the social function of legal institutions. The main idea was to publicize and socialize private law and its main legal institutions such as property and contracts. Society must prevail when compared to individual interests. Regulation and state interference should override private autonomy and freedom of contract. Luciano Benetti Timm Civil Law http://works.bepress.com/luciano_benetti_timm/37 http://works.bepress.com/luciano_benetti_timm/37 Fri, 19 Sep 2008 10:33:50 PDT The article passes a critical eye over the ideological foundations of Section 421 of the Brazilian Civil Code that deals with the so called 'social function of contract' found in the French sociological tradition (notably Durkheim.) Leon Duguit was the main legal scholar representative of this thought and applied this method to what he described as the social function of legal institutions. The main idea was to publicize and socialize private law and its main legal institutions such as property and contracts. Society must prevail when compared to individual interests. Regulation and state interference should override private autonomy and freedom of contract. Luciano Benetti Timm Civil Law http://works.bepress.com/luciano_benetti_timm/36 http://works.bepress.com/luciano_benetti_timm/36 Sat, 16 Aug 2008 06:19:00 PDT Legal scholars in the Anglo-American common law can overlook the connection between particular ordinances and the underlying framework of justice or order. A concrete embodiment of the fruits of basic law and economics scholarship, in a codified system of rules, may be necessary for the economic approach to be fully appreciated by legal scholars grounded in the civil law. A new-generation law and economics code will restate, and squarely face the need to deconstitutionalize, private law in Latin American countries within a tried and tested legal framework of Roman law. Juan Javier del Granado Law and Economics Civil Law http://works.bepress.com/luciano_benetti_timm/35 http://works.bepress.com/luciano_benetti_timm/35 Wed, 13 Aug 2008 18:41:58 PDT Luciano Benetti Timm Civil Law http://works.bepress.com/luciano_benetti_timm/34 http://works.bepress.com/luciano_benetti_timm/34 Wed, 13 Aug 2008 18:38:56 PDT Luciano Benetti Timm Law and Economics Public Law and Legal Theory http://works.bepress.com/luciano_benetti_timm/33 http://works.bepress.com/luciano_benetti_timm/33 Wed, 13 Aug 2008 18:37:12 PDT Luciano Benetti Timm Law and Economics Civil Law http://works.bepress.com/luciano_benetti_timm/32 http://works.bepress.com/luciano_benetti_timm/32 Wed, 13 Aug 2008 18:34:09 PDT Luciano Benetti Timm Law and Economics Public Law and Legal Theory