Federico de castro y bravo
Federico de castro y bravo civil law
Fortunately, the Tratado Práctico y Critico de Derecho Civil, which is in course of publication by the Instituto Nacional de Estudios Jurídicos, among works of different significance and quality, has published the work that we comment in its volume X and that we believe is the best work on the legal business that has been published up to now in our country.
And this importance of the work is perhaps even more evident if we reflect on the need to carry out from time to time a synthesis of everything that concerns a certain legal institution, given the current tendency, not only in Law, but in all other branches of science, to a hypertrophy of excessively detailed monographic production. In his humorous books on…
Federico de castro y bravo biografia
p. 38) and also offers the model (de lege ferenda) that shows the perfection to which one should aspire, suggesting a possible inexhaustible source with which to complete the irremediable insufficiency of the positive norm: the general principles of Law.
Castro’s conception of civil law can be rigorously called personalist. Without being individualistic, because he recognized the value of the intermediate bodies between the individual and the State, he made civil law revolve around the primary idea of the person and, after that, of the family. The person, Castro said, cannot be a purely abstract and formal requirement of legal norms or subjective rights. The idea of the person, as a juridical translation in the juridical dignity of the human being, entailed the impossibility of treating the person in the strict sense -physical person- and the juridical person on the same plane of meaning. The human being receives from the Law the personality as a recognition.
Today I must refer to the memory of Don Federico de Castro in my desire to express my fundamental point of view on the university function while providing the young university students of today with news about the classes of one of the teachers thanks to whom I had the great fortune of knowing the concept and function of Law as much as the positive Law itself.
Also in honor to the truth I must say that the classes of Professor De Castro were not exactly exemplary from the point of view of oratory; the remembered Don Federico was certainly not distinguished by his conditions of orator nor even by a round use of the words of the language and, at the same time, it could not be attributed to the repeated professor a, let’s say castizo, timbre of voice.
The repetition at that moment by the teacher, even trying to do it with the same accent and intonation of Peter Pan himself, of the latter’s words of protest «I don’t want to be grown up, I don’t want to be grown up» undoubtedly engraved in our minds indelibly two central ideas of personal law.
De castro surname
«The general conditions of contracts and the effectiveness of the laws» is a very significant sample of the work of Professor Federico de Castro, one of the most important figures of the legal science of the present century, both in our country and abroad. Throughout it, the defense of the individual against the great social and economic forces, with all its accumulation of impositions, pressures, search for positions of privilege and advantage or excuse from responsibilities, is revealed. The author studies with clarity and depth the legal concept of the general conditions and their nature as sources of law and as content of contracts. The author’s speech of admission to the Royal Academy of Jurisprudence and Legislation in 1960, is today a classic of our legal literature that Editorial Civitas is pleased to republish.