Who was Louis Josserand and why is his work on civil law important?
Louis Josserand was a French jurist and professor of civil law who lived from 1868 to 1941. He is considered one of the most influential civil law theorists of the 20th century, especially for his contributions to the theory of abuse of rights, contractual liability, and legal personality.
One of his main works is Derecho Civil (Civil Law), a comprehensive treatise on French civil law that was translated into Spanish by Santiago Cunchillos y Monterola and published in Buenos Aires in 1975. The treatise consists of three volumes, divided into 21 books, covering topics such as general principles, persons, property, obligations, contracts, torts, family law, and succession law.
The treatise is remarkable for its depth of analysis, its critical approach to the sources of law, its historical and comparative perspective, and its attention to the social and economic implications of legal rules. Josserand also developed original concepts and doctrines that influenced the evolution of civil law in France and other countries. For example, he proposed a theory of abuse of rights that aimed to prevent the use of legal rights in a way that harms others or violates the social function of law. He also advocated for a more flexible and dynamic conception of contractual liability that took into account the changing circumstances and expectations of the parties.
Josserand's work on civil law is still relevant today, as it offers valuable insights and guidance for understanding and applying the principles and rules of civil law in different contexts and situations. His work is also a source of inspiration for legal scholars and practitioners who seek to reform and improve civil law in light of new challenges and opportunities.
One of the most influential books of Josserand's treatise is the third book of the second volume, titled TeorÃa general de las obligaciones (General Theory of Obligations). In this book, Josserand explores the nature, sources, effects, and extinction of obligations, as well as the different types of obligations and their classification. He also examines the role of good faith, equity, and justice in the formation and performance of obligations.
Josserand's approach to obligations is based on the idea that obligations are not static and rigid entities, but dynamic and flexible relations that adapt to the changing needs and interests of the parties and society. He argues that obligations are not only derived from legal norms, but also from moral and social norms that express the values and expectations of the community. He also emphasizes that obligations are not only determined by the will of the parties, but also by the objective conditions and circumstances that affect their situation.
Josserand's theory of obligations has been praised for its realism, pragmatism, and humanism. He recognizes that obligations are not abstract and formal concepts, but concrete and practical realities that involve human beings and their interactions. He also acknowledges that obligations are not isolated and independent phenomena, but interrelated and interdependent elements that form part of a complex and dynamic legal system. 0efd9a6b88