Abstract

This article tries to return to the essence of civil law which, with a little more than ten key contractual institutions, allows all disputes created from newly founded institutions to be examined and interpreted. If law is science it must be ableto be reduced to a set of basic concepts that have been coined and concluded from daily contractual practice and, almost in their entirety, have been in force over time. Hence the study of Roman law and Roman legal tradition remain a constantreference to our continental law. However, this does not prevent them from being open to gradual enrichment.

Highlights

  • All science has built its knowledge through observation and the creation of concepts that encompass and embrace the reality in which it studies

  • This article tries to return to the essence of civil law which, with a little more than ten key contractual institutions, allows all disputes created from newly founded institutions to be examined and interpreted

  • The civil law is complete[50] it is always enriched with the various new contractual constructions

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Summary

INTRODUCTION

All science has built its knowledge through observation and the creation of concepts that encompass and embrace the reality in which it studies. The scientific method has the following stages:[1] A) Observation B) Background research C) Hypothesis D) Design an experiment E) Confirmation F) Creation of the theory and concept. The construction of concepts (by separating general knowledge from the uncountable casuistry2) helps to guide us on many other occasions, with other animals (bull, elephant, ...) even if we do not know them in advance and use this conceptualised knowledge in new countless situations and with animals that apparently would have nothing to do with each other This helps us to identify it in its different forms, colours and positions and to warn us of the danger we can be in. We will see how civil law systems apply this scientific method to new and unknown contractual institutions

The basic contractual figures of the codification movement of civil law
The codification and constant genesis of commercial law
The growing science of law
The legal system as an orderly and harmonious structuring of law
Main characteristics of the codified legal system in terms of contracting
CONCLUSION
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