El nuevo Derecho internacional privado de Puerto Ricobreve nota acerca del sistema conflictual del Título preliminar del Código Civil

  1. José Antonio TOMÁS ORTIZ DE LA TORRE
Zeitschrift:
Anales de la Real Academia de Doctores

ISSN: 1138-2414

Datum der Publikation: 2020

Ausgabe: 5

Nummer: 2

Seiten: 261-278

Art: Artikel

Andere Publikationen in: Anales de la Real Academia de Doctores

Zusammenfassung

The author devotes an introduction to the historical aspects of private international law from the French Civil Code of 1804, with particular reference to the process that took place in Spain from 1820 until the publication, in 1889, of the Civil Code, whose articles 9, 10 and 11 were the private international law of Puerto Rico until this Civil Code of 2020, without these rules being affected by the reforms that the Civil Code, which governed the island, suffered in 1902 and 1930, underlining the long and strong influence that that Spanish Civil Law had in Puerto Rico, after the island was ceded to the United States of America by the Treaty of Paris, of December 10, 1898. The pages of the article set out the new conflict-of-laws rules, based on the structure, general aspects and rules of conflict interpretation, to continue with those concerning the rights of the individual and the family, law of things, contractual and non-contractual obligations, law of succession and the general "exception" clause. The article ends with an assessment by the author in which he highlights the undoubted in-depth review carried out by the Puerto Rican legislator, as well as some criticisms regarding aspects of drafting in the Spanish language and, especially, highlighting certain gaps, which should be subject to review.