A moderna codificaÃÃo das leis civis brasileira : o novo CÃdigo Civil como eixo central do Direito Privado

AUTOR(ES)

Joseli Lima MagalhÃes

DATA DE PUBLICAÇÃO

2003

RESUMO

The study of the Philosophy of Law and the General Theory of Law always demands a certain degree of care and maturation on the part of the researcher. Apparently a very simple subject, without major digressions, it may become interesting to understand, with the introduction of theoretical elements and thought who had changed the way to address the world and the law of every time and its reflexes in current days. This dissertation was designed to study, understand and critically analyze the phenomenon of the codification of civil law, more specifically, the new lines of direction featuring in the current Brazilian Civil Code, as well as to show a new way if codifying said rules, always attempting to lead law to what is modern, current , to what society expects from it and not as mere technique of domination of the weakest and most oppressed people. During the exposition of the four chapters, it was noted that the historic element was always present, being its main purpose to demonstrate that the history of human events is always so related to law that it is able to change it most of the times, to the point of one being confused with the other. The study was not restricted only to the historical analysis of the phenomenon of the codification of the civil laws but, rather, it also investigated it, from the critical-value point of view, stressing its most fragile and less accurate points, being critical and praising accordingly. The dissertation, thus, tries to demystify the idea that the technique of legislating by means of the codification of the Brazilian civil laws is noxious to the Domestic Law, isolating the 1800s model of codification, product of a time, in which one searched to share the general elements featuring in the new Civil Code, in the new vision that is presented, with its flexible articles, and always with the operating presence of the magistrate who, by means of the interpretation of its norms and principles, constructs and dignifies the National Civil Law

ASSUNTO(S)

cÃdigo civil brasileiro de 2002 teoria da codificaÃÃo do direito codificaÃÃo das leis civis brasileiras teoria geral do direito. teoria geral do direito civil teoria da codificaÃÃo novo cÃdigo civil direito civil direito

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