Marcel Planiol Tratado Elemental De Derecho Civil Pdf Official

If you type the exact keyword "Marcel Planiol Tratado Elemental de Derecho Civil PDF" into Google, you will see pages like planioltratado.blogspot.com, derecho.uba.ar/files/planiol.pdf, or various Russian and Chinese file-sharing sites.

Proceed with caution.

The safest route is always Internet Archive or Google Books.

These are dense books. Each volume runs 600-800 pages. Carrying a full set of Planiol in a backpack is a physical workout. A PDF on a laptop, tablet, or phone is infinitely more practical. marcel planiol tratado elemental de derecho civil pdf

Original copies or even reprints from the 1970s have become collector’s items. A full three-volume set in good condition can cost anywhere from $150 to $500 USD on platforms like IberLibro or AbeBooks. For a student in Colombia, Mexico, or Peru, that is a prohibitive expense.

Section 1: Hierarchy of Sources

What are the sources from which the Civil Law flows? We classify them in order of authority: If you type the exact keyword "Marcel Planiol

1. The Law (Statute) The law is the primary source. In France, this is fundamentally the Civil Code, promulgated in 1804. The Code constitutes a legislative body intended to fix the principles of law with immutable authority. The law is general and impersonal. It applies to all cases that fall within its abstract definition.

2. Custom (Usage) Custom is a usage which has become obligatory through long practice and the consent of the community. While the Code is the dominant source, custom persists in filling the gaps where the law is silent. There are three requirements for a custom to be recognized as a source of law:

3. Jurisprudence (Case Law) Jurisprudence refers to the collection of judicial decisions rendered by the courts. Is it a source of law? Technically, judicial decisions do not create law; they merely interpret and apply it. However, practically, jurisprudence is an authority of immense weight. Because statutory texts cannot foresee every specific case, the courts must interpret the general will of the legislator. A settled line of decisions creates what is known as "judge-made law," which lawyers must study to predict how disputes will be resolved. The safest route is always Internet Archive or

Section 2: Auxiliary Sources

These are elements that help the judge discover the law but are not binding in themselves:

1. Equity Equity is the correction of the law where it is defective due to its generality. It is justice in the concrete case. The judge must often rely on equity to temper the harshness of a strict legal rule.

2. Doctrine Doctrine is the body of opinions and works written by legal scholars. While a judge is not bound to follow the views of an author, the works of learned commentators illuminate the meaning of the texts and often guide the evolution of jurisprudence.

Planiol died in 1931. The last major Spanish-language print editions of his Tratado Elemental were produced by Editorial Reus (Spain) and Ediciones Jurídicas Europa-América (Argentina) in the 1940s, 1950s, and 1970s. These books are now out of print. You cannot buy a brand new copy from Amazon or a traditional bookstore.