Comparative Legal History
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Comparative Legal History

Edited by Olivier Moréteau, Aniceto Masferrer and Kjell A. Modéer

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
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Chapter 17: Owning the conceptualization of ownership: American civil law jurisdictions and the origins of 19th-century code provisions

Agustín Parise


American civil law jurisdictions incorporated provisions on ownership within their civil codes. Although codification started in Europe, the new world also became a fertile ground for codification. The chapter covers several events that took place mainly during the 19th century with lasting effects in the following centuries. Firstly, it addresses the adoption of first generation codes in Louisiana, Chile, and Argentina, in a context that sought the adoption of codes. Secondly, it studies the code provisions conceptualizing ownership, highlighting the main provisions of the three codes and showing how their wording benefited from European sources. Thirdly, the chapter specifies how other American civil law jurisdictions adopted ownership provisions from one of the three above-mentioned codes, demonstrating that they shared a similar understanding of ownership. The study of the pollination may also help reflect that the interest was not limited to Europe, and that when drafting in the Americas, jurists also looked at vernacular sources. It may therefore be claimed that there is a Pan-American understating of ownership in first generation codes.

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