Chilijski kodeks cywilny i przyczyna jego sukcesu
THE CHILEAN CIVIL CODE AND THE REASON FOR ITS SUCCESS

Summary/Abstract: The Chilean Civil Code constitutes the most important codification of Latin America as it affected the vast majority of legal systems in the region as well as beyond it. In Chile itself, the code perfectly responded to the needs of the country which was seeking social and political consolidation and had the ambition to become a local power. The article presents the historical background of the work on the Code and presents its author whose merits for the process of codification and for the creation of a legal identity of the continent cannot be overestimated. Above all, however, it describes the method of working on the code which consisted of two basic stages – the consolidation of colonial law and, subsequently, the codification which took into account solutions developed in various legal systems and was based on a multitude of sources and inspirations. The Code was meant to achieve a balance between conservatism and tradition, as understood by the Spanish law, especially the Siete Partidas, and the latest achieve-ments of the legal science in Chile, mainly from the Napoleonic Code, which emphasized the liberalization of economic relations. This feature turned out to be universal and timeless, which made the Code a success in Chile and popular throughout the continent.

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