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The main reason for this work is to find the way to define and apply the concept of material validity in the system of our Civil Law, to improve its operation through general principles, as well as fundamental rights and duties.
The hypothesis is that the concept of the simple forma validity of the system and the predominance of effectiveness over material validity undermine the application of the Law, and the realization of the Laws objectives. Methods such as dialectical, comparative, analytical and descriptive are used in the work; and with them we reach the conclusion that the use of general principles, fundamental rights and duties enriches and contributes to the best application of Law and Civil Law, and the fulfillment of the Law’s objectives.