Introdução ao estudo da história da ciência do direito privado na Europa: Alemanha

Translated title of the contribution: Introduction to the study of the history of the science of private law in Europe: Germany

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Abstract

It’s from the 16th century onwards, in the epoch of the Reception, that the Usus modernus pandectarum reveals with clarity the European vocation of the German Science of Private Law. Later, the famous Friedrich Carl von Savigny (1779-1861) laid his Science of Roman Law, the so- called Pandectism, on a broad and systematic study of the sources of this law and the evolution of its institutions. During the time of National Socialism (1933-1945), the attack against the Science of Civil Law typical of Pandectism is clear in the reform of legal studies that came into force in 1935. In what concerns the science of Private Law in the GDR, the so-called ZGB presents itself ideologically marked, is not as long as the BGB and uses more accessible language. In the FRG, we can observe a jusprivatistic contribution to economic development and the defense of the freedom of the citizen against the State, even when there is no violation of Constitutional Law at stake.
Translated title of the contributionIntroduction to the study of the history of the science of private law in Europe: Germany
Original languagePortuguese
Pages (from-to)239-254
Number of pages16
JournalRevista da Faculdade de Direito da Universidade de Lisboa
Volume64
Issue number2
Publication statusPublished - 2023

Keywords

  • Science of private law
  • Usus modernus pandectarum
  • Pandectism
  • BGB
  • Kiel school
  • Post-war period

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