Marcel Planiol Tratado Elemental De Derecho Civil Pdf ✓
Do not let the word "Elementary" fool you. In Planiol’s context, "Elementary" (Elémentaire) refers not to simplicity, but to fundamentals. He sought to strip away the Byzantine layers of procedural commentary and return to the principles. His work is a masterpiece of synthesis.
His most famous contribution is the theory of legal classification. Planiol brilliantly distinguished between:
He reorganized the Civil Code not as a random collection of statutes, but as a logical, coherent system. His systematic approach—moving from persons, to property, to the modification of property (contracts and inheritance)—has influenced almost every civil code drafted after 1920, including the current French Civil Code (post-2016 reform) and the Civil Codes of Quebec, Louisiana, and various Latin American nations.
The persistent search for “Marcel Planiol tratado elemental de derecho civil pdf” is driven by several factors:
Let’s address the elephant in the library. Why is "Marcel Planiol Tratado Elemental de Derecho Civil PDF" such a high-volume search term?
Section 1: The Concept of Law
Law, in the objective sense, is the body of rules that govern the conduct of men in society. These rules are obligatory and are enforced by the constraint of public force (the coercive power of the State).
We must distinguish between Natural Law and Positive Law:
Section 2: The Distinction Between Public and Private Law
The division of law into two great branches is generally admitted:
Civil Law is the common law of private relations. It applies to all persons and to all property, serving as the foundation for commercial, rural, and industrial life. marcel planiol tratado elemental de derecho civil pdf
Marcel Planiol (1853-1931) was one of France’s most distinguished civil law jurists. His magnum opus, the Traité élémentaire de droit civil (Elementary Treatise on Civil Law), first published in the early 20th century, became a cornerstone of legal education not only in France but also in numerous civil law jurisdictions, including Spain and Latin America. The Spanish translation, known as the Tratado elemental de derecho civil, remains a highly sought-after text by law students, practitioners, and legal historians. This report analyzes the significance of Planiol’s work, the demand for its PDF version, and the practical and legal considerations surrounding its digital availability.
Section 1: Hierarchy of Sources
What are the sources from which the Civil Law flows? We classify them in order of authority:
1. The Law (Statute)
The law is the primary source. In France, this is fundamentally the Civil Code, promulgated in 1804. The Code constitutes a legislative body intended to fix the principles of law with immutable authority.
The law is general and impersonal. It applies to all cases that fall within its abstract definition.
2. Custom (Usage)
Custom is a usage which has become obligatory through long practice and the consent of the community. While the Code is the dominant source, custom persists in filling the gaps where the law is silent.
There are three requirements for a custom to be recognized as a source of law: Do not let the word "Elementary" fool you
3. Jurisprudence (Case Law)
Jurisprudence refers to the collection of judicial decisions rendered by the courts. Is it a source of law?
Technically, judicial decisions do not create law; they merely interpret and apply it. However, practically, jurisprudence is an authority of immense weight. Because statutory texts cannot foresee every specific case, the courts must interpret the general will of the legislator. A settled line of decisions creates what is known as "judge-made law," which lawyers must study to predict how disputes will be resolved.
Section 2: Auxiliary Sources
These are elements that help the judge discover the law but are not binding in themselves:
1. Equity
Equity is the correction of the law where it is defective due to its generality. It is justice in the concrete case. The judge must often rely on equity to temper the harshness of a strict legal rule.
2. Doctrine
Doctrine is the body of opinions and works written by legal scholars. While a judge is not bound to follow the views of an author, the works of learned commentators illuminate the meaning of the texts and often guide the evolution of jurisprudence. He reorganized the Civil Code not as a
Planiol, M. (1946). Tratado elemental de derecho civil (D. de Buen, Trans.; 3rd ed.). Editorial Jurídica de Chile. (Original work published 1908)
