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Civil Codes Present and Future (Iberian America)

Civil Codes Present and Future (Iberian America). Latin American Law. Last updated 28 Oct 09. Post-independence identity crisis plaguing Latin American countries: truly independent or quasi-European nations. Ben Austrin-Willis. Louisiana (1804). French “code civil” (1804). Oaxaca (1827).

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Civil Codes Present and Future (Iberian America)

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  1. Civil CodesPresent and Future (Iberian America) Latin American Law Last updated 28 Oct 09

  2. Post-independence identity crisis plaguing Latin American countries: truly independent or quasi-European nations Ben Austrin-Willis

  3. Louisiana (1804) French “code civil” (1804) Oaxaca (1827) Haiti (1825) Portuguese Civil Code (1867) Spanish Civil Code (1889) Bolivia (1831) Brazil draft (1856) Augusto Teixeira de Freitas (1816-1883) “Consolidation of Civil Laws” Chile (1852) Argentina (1869) Andres Bello (1791-1865) Dalmacio Velez Sarsfield (1800-1875)

  4. Why did Bello’s code succeed? Stephanie Richter Justin Brown

  5. Louisiana (1804) French “code civil” (1804) Oaxaca (1827) Haiti (1825) Portuguese Civil Code (1867) Spanish Civil Code (1889) Bolivia (1831) Brazil draft (1856) Chile (1852) • Brazil Civil Code • 1917 • 2003 Argentina (1869) Clovis Bevilaqua

  6. The difference in national identity between Brazil and Portugal, thus accounts for the different experiences in codification, with Brazil creating an autochthonous code and Portugal following the Europeanizing path. the Brazilian Code was one that embraced national law, rather than emulating more Europeanized codes Stephanie Richter

  7. Should individual rights be protected in codes or constitutions in Latin America? *** Josaphat Marinho declared: ‘The main difference between the new code and the one now in force is the social character of the new law, which goes well beyond the individualistic or privatist feeling.’” David Cardamone

  8. US codes? Prof. John Head: codification movement in America between 1815 and 1840.

  9. David Dudley Field US codes? Karl Lewellyn& Soia Metchikoff

  10. Restatements are “highly regarded distillations of common law,” which are prepared by the American Law Institute (ALI) David Cardamone * * * While ostensibly the Restatement is merely an organization of black letter law, the reality is much more complicated, as often times what actually constitutes the black letter law is open to interpretation and thus the restatement reporter is faced with a choice of what to include and what not to include. Jeff Servas

  11. Should individual rights be protected in codes or constitutions in Latin America? Melinda Hanzel

  12. Notaries …

  13. Texas Notary Public may take acknowledgements protest instruments administer oaths take depositions certify copies of documents not recordable in the public records show that a disinterested party duly notifies the validity of a document show that the signer is indeed who s/he says s/he is and that his/her reasons for signing are genuine Notario Publico in Mexico City may be an arbitrator be a mediator issue judicial opinions intervene in judicial proceedings ensure that documents such as bylaws of companies, wills, deeds, powers of attorney, real estate purchases and establishments of trusts do not include any legal inconsistencies ensure payment of taxes protocolize public deeds

  14. A candidate to be a Texas Notary Public must fill out an application be at least 18 years of age be a legal resident of the State of Texas be a legal resident of the United States or a permanent resident alien pay applicable fees and post a $2,500* dollar bond. A candidate to be a Notario Publico in the Federal District of Mexico must be Mexican by birth be older than 25 but younger than 60 be in good health have a good reputation not be the leader of a church not have a criminal record have studied under a notary for at least 6 months prior take a written exam be a legal professional with the title of lawyer.

  15. US “civil law notaries” (imported from Latin America)

  16. FSA 118.10(1)(b). "Civil-law notary" means a person who is a member in good standing of The Florida Bar, who has practiced law for at least 5 years, and who is appointed by the Secretary of State as a civil-law notary. FSA 118.10(3), (4).A civil-law notary is authorized to issue authentic acts and thereby may authenticate or certify any document, transaction, event, condition, or occurrence. The contents of an authentic act and matters incorporated therein shall be presumed correct. … FSA 118.10(1)(a). "Authentic act" means an instrument executed by a civil-law notary … which includes the particulars and capacities to act of any transacting parties, a confirmation of the full text of any necessary instrument, the signatures … of any transacting parties, the signature and seal of a civil-law notary ….

  17. Full faith and credit US Constitution Article IV Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.

  18. End

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