Revista de estudios histórico-jurídicos

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List of Papers (Total 33)

"Iussum

Roman jurisprudence analysed the consequences of acquisition carried out by a common slave based on the following: the fact that either the slave acted under the iussum of one of his co-owners or that one of the co-owners expressely appointed them for that purpose (nominatio). Sabinian opinion, that finally prevailed in classic jurisprudence, was built based on this problem. This...

Las penas y los castigos para la idolatría aplicados en las visitas de idolatría en Lima durante el siglo XVII

The punitive system applied to the native people, legally declared as apostates by the idolatry extirpators, had several characteristics that implied the reformulation of the criminal classification and objectives, which were different from the ones considered in the order of the Old Regime. As a matter of fact, a fissure was created in the punitive system, susceptible to be...

Casos célebres de allanamiento domiciliario en la España del siglo XVIII

During the 18th Century, the king 'protects' people and domiciles, as representative of all the social forces. Judges and agents simply need to invoke the King to enter into private domiciles in order to arrest or detain any felon that might be inside. At that time, not even the right of property stands as sufficient protection against the King´s will who, at any given time, can...

El poder humano en el establecimiento del derecho positivo según Pedro de Aragón: Un estudio sobre la "derivatio per modum determinationis

This work aims to put forward Pedro of Aragon's interpretation of the issue of determination in law. The subject is one of the main matters of theology and philosophy of law at the School of Salamanca. When the protestant doctrines were formulated, the Neo-Scholastic thinkers had to present responses for many questions raised that had no solution in divine and natural law. To do...

La buena fe mercantil en la tradición jurídica occidental

This article shows the accurate meanings good faith has been given to over the different periods in Western law and shows the historical factors that, at different stages, have had an influence on the meaning of this principle. We conclude that good faith is a shapeable concept, attributes of which allow forecasting its evolution in the most important legal cultures of the...

Los inicios del registro civil de Chile: ¿Ruptura o continuidad con las antiguas partidas eclesiásticas?

This article aims at studying whether the Civil Registry Act of 1884 entailed the rupture or the continuation of the system of church certificates in force in Chile until that year. To that end, the records implemented in Chile from the Independence to the Government of Domingo Santa María and the Institutional development of the State during this last administration is...

El congreso nacional de fray Melchor de Talamantes: Primer proyecto constitucional del México independiente

This article presents and revaluates the political and legal thought of Friar Melchor de Talamantes, precursor and chief ideologist of Mexican Independence, who drafted the first constitutional organization project of said country.

Errores en el "Codex Florentinus

F (= Codex Florentinus, Codex Pisanus, ms. Laurentianus sine número) has two essential caractheristics, it is the ancientest manuscript of the Digesta and in addition it is the most complete one. However, this manuscript is a codex imperfectum, in other words, it includes mistakes. Some of them even come from the Justinian compilers, when complying with the Emperor's order, a lot...

La Unión y el Partido Conservador de valparaíso: ¿una posición divergente en el conservantismo en medio de la crisis institucional de 1925?

The traditional Chilean Conservative Party would fissured its monolithic unity in the middle of the institutional crisis that started to live the country as a consequence of the military intervention of 1924. Clear manifestation of that internal tensions would be the position adopted by the conservatives of Valparaíso, which had as a mean of expression La Unión newspaper, which...

El derecho al cumplimiento específico de la obligación de hacer en la doctrina española del siglo xix anterior a la codificación civil

This work accounts for the approach of the Spanish doctrine in the period right before 1889, regarding the idea that the creditor of an obligation to do has the right to enforce the specific performance of said obligation. We seek to demonstrate that: i) the idea that the creditor has the right to the specific performance of the obligation to do is an idea debated in the Spanish...