Marcel Planiol Tratado Elemental De Derecho Civil Pdf -

Note: The number of volumes may vary by edition and publisher.

I have attempted in this work to present a clear and precise exposition of the French Civil Code. While I have sought to keep it elementary—suitable for students beginning their legal studies—I have not hesitated to address the complexities of the subject matter.

The study of law requires not only a knowledge of the texts but an understanding of the principles that animate them. My intention has been to detach the study of Civil Law from the abstract speculations of the past and to ground it in the observation of positive law and social reality. The law is a social fact; it must be studied as such.

This book is arranged to follow the logical order of the Code, but the commentary is driven by the necessity of resolving practical problems. I hope this serves as a faithful guide for those navigating the rules that govern our civil relations.

Marcel Planiol

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 marcel planiol tratado elemental de derecho civil pdf

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.

Before diving into the PDF search, it is essential to understand the giant whose shoulders we stand on.

Marcel Planiol (1853-1931) was a French jurist and legal historian. A professor at the University of Rennes and later at the Faculty of Law of Paris, Planiol was a contemporary of other legal giants like Raymond Saleilles. But what set Planiol apart was his method. Note: The number of volumes may vary by

At the turn of the 20th century, French civil law was still dominated by the exegetical school—commentators who explained the Napoleonic Code article by article, often with slavish devotion to the text. Planiol broke that mold.

Google has scanned thousands of books from university libraries (Harvard, Michigan, Stanford). Search for: "Tratado elemental de derecho civil" Planiol Use the filter "Full view only" or "Public domain" . You will often find the 1920s or 1930s editions available for download as PDF.

“La obligación natural es aquella que, no dando acción para exigir su cumplimiento, produce sin embargo ciertos efectos jurídicos cuando ha sido cumplida voluntariamente.”
(Translation: “The natural obligation is that which, while not giving rise to an action to enforce its performance, nevertheless produces certain legal effects when it has been voluntarily performed.”)

If you are using this for serious study or citation, you must check the Pagination. I have attempted in this work to present

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