Structure
Method is of crucial importance in a codification work, due its systematic nature, and to the vastness of the subject. Hence it is important to regard and direct man's behavior through general and specific formulae that find their appropriate place among the assembled articles.
Vélez Sársfield dedicated much effort to the selection of an adequate method, and after receiving objections to the use of the methods of Justinian's Institutiones and of the French civil code, he decided to use the one followed by Freitas in his Consolidaçao das Leis Civis, which finds its origins in the teachings of Friedrich Karl von Savigny.
According to Freitas's ideas, it is convenient to commence a Code Law by the general dispositions, then address the ones referred to the subject of every legal relation ("the theory of persons"). But, as men don't live isolated but in their family's bosom, it must be continued with the Family law. Then the individual enters the civil life and establishes links person-to-person: the "obligations", or person-to-the-things submitted to him: the "real property". Finally it must be legislated about the theory of estate, with the "successions" and the "theory of privileges". To end, the institution of prescriptions, that, as referring to the rights as a whole, it was considered appropriate to locate it in a section inside the common dispositions to the real and personal rights.
Thus, the Civil Code organisation is the following:
- Preliminary titles: the Civil Code begins with two preliminary titles. The first title deals with the laws and elaborated a "general theory of the law". The second refers to the way of counting the intervals in law.
- Book I: This book is dedicated to the people. Its first section "Of the people in general", deals with the persons themselves, and the second, "On personal rights in family relationships", with the family.
- Book II: This book is divided into three sections. The first deals with the obligations in general and their limits. The second, talks about the judicial acts and doings that produced the acquisition, modification, transfer and lose of the rights and obligations. Finally, the third deals with obligations from contracts.
- Book III: This book talks about real rights, dealing with things themselves, or in relation with the persons.
- Book IV: This book contains a preliminary title about the transmission of rights in general. It then has three sections: the first about successions mortis causa, the second about privileges and right of keeping, and the third about prescription.
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