A teoria da causa subjetiva como expressão jusracionalista no código comercial brasileiro de 1850 / The French theory of cause as a enlightenment expression on the Brazilian commercial code of 1850

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

09/05/2012

RESUMO

This study refers to the formation of Brazilian Commercial Law from the pombalinas reforms until the promulgation of the Brazilian Code of Commerce in 1850. Throughout the work we tried to demonstrate how the Commercial Law followed a different tradition comparing with the Civil Law in Brazil. Thus, the first chapter demonstrates the Enlightenment influx in Portugal, specially through the work of LUÍS ANTÓNIO VERNEY. Then, the influence of VERNEYS ideas and the reforms that took place by the hands of the Marquês de Pombal in Portugal was showed. The second chapter demonstrates the social and political modifications that happened in the Portuguese Empire after the opening of the Brazilian ports to the trade of the world. At this point, there was also a study on the impact of the these developments in the History of the Brazilian Commercial Law. The third and last chapter attempts to prove the influx of Enlightenment demonstrating that the Code of Commerce of 1850 adopts the subjective theory of cause which is the same as in the French Code Civil of 1804. Therefore, this work demonstrated how the Brazilian Commercial Law followed different juridical tradition in comparison with the Brazilian Civil Law.

ASSUNTO(S)

theory of cause codification código comercial direito comercial enlightement ordenações afonsinas private law

ACESSO AO ARTIGO

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