Artículo
Reflections on the circulation of normative models and legal works in the 1936 argentine Civil Code draft on possession
Registro en:
03157997 (impreso)
19392419 (online)
10.3167/hrrh.2023.490205
Autor
Polotto, María Rosario
Cacciavillani, Pamela Alejandra
Institución
Resumen
Abstract: This article explores the process of circulation of normative models and legal
theories between Europe and Latin America. It analyzes the circulation of the German
possessory model in the Argentinian legal experience between the enactment of the Civil
Code of 1869 and the Civil Code Draft of 1936. We argue that the prominence of possession
in nineteenth-century local legal culture and practices both conditioned and encouraged
the reception of this model. The criticisms that arose at the beginning of the twentieth
century regarding the liberal property law of the Civil Code were channelled, in the Civil
Code Draft of 1936, through an expansion of the protection of possession to situations not
previously contemplated, such as rural and urban leaseholds. German law, which served
among other things, as the basis for this legal innovation, was adapted to specifi c legal
traditions operating in provincial regulations.