Commentaries on Brazilian Civil Code - comparative study and translation of its Roman Sources - I - general part

• Grant number: 13/50414-6
• Support Opportunities: Regular Research Grants - Publications - Books published in Brazil
• Start date: September 01, 2013
• End date: August 31, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Eduardo Cesar Silveira Vita Marchi
• Grantee: Eduardo Cesar Silveira Vita Marchi
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

Even though a few comparative studies of Roman Private Law and modern Civil Law have already been carried out based on the Brazilian Civil Code of 1916, the German Bürgerliches Gesetzbuch (BGB), the Italian Codice Civile, and the Code Civile Belgique, this book aims to complete a task not was treated by the homeland doctrine: to trace a thorough and judicious parallel between the General Part of the Brazilian Civil Code of 2002 and the historical sources of Roman Private Law, so as to clarify, in light of the Roman-Germanic tradition, the real meaning of the rules and institutions found in the current civil codification. By identifying the main Roman legal source, as well as a number of secondary sources, for each article of the code, one can determine the best interpretation to the rules and legal institutions contained in the code, thus acquiring a deeper knowledge of Brazilian Civil Law in its historical relations with the ancient but still ever present Roman Law. (AU)