Skip to main navigation menu Skip to main content Skip to site footer
Submitted January 29, 2019
Published 2018-01-05

Artículos

Vol. 20 No. 1 (2018): Societas

THE CONCEPT OF PERSON IN JUSTO AROSEMENA’S PROJECT OF CIVIL CODE


Cover image

Citación:
DOI: ND

Published: 2018-01-05

How to Cite

Cuestas G., C. H. (2018). THE CONCEPT OF PERSON IN JUSTO AROSEMENA’S PROJECT OF CIVIL CODE. Societas, 20(1), 139–152. Retrieved from https://revistas.up.ac.pa/index.php/societas/article/view/336

Abstract

In 1853, Justo Arosemena, elected representative of Panama in the Congress of New Granada, presented eight projects of codes written by himself. Colombian political events paralized the parlamentary sessions; only the Code of Commerce was approved as law of the Republic. Among the projects of non approved codes was that of Civil Code, first serious attempt for offering a Civil Code to the Colombian nation. Justo Arosemena’s project is inspired, in the subjects order, by the French Civil Code, of 1804, auspiced by Napoleon Bonaparte, the most roman of modern civil codes. Justo Arosemena’s code, less extensive than its French model, reproduces the structure of Napoleonic Civil Code. In addition, it resembles to the Peruvian Civil Code of 1852. In Arosemena’s project, persons are not only those who were born, but also those that are going to born. In the civil legislation written afterwards, Arosemena’s idea of a person was replaced by an abstract concept the of legal origin, influenced by the German tradition, that appears in the Chilean Civil Code, prepared by Andrés Bello. That German tradition is adopted by the current Civil Code of the Republic of Panama, the Civil Code of the Sovereign State of Panama and the Colombian Civil Code of 1872.

Downloads

Download data is not yet available.