By Alexandre Alvarez1

Introduction

I. Reforms in the Study of Private Law

Sec. 2. DEFECTS IN THE PRESENT SYSTEM OF TEACHING: (1) DISTRIBUTION OF STUDIES; (2) FUNDAMENTAL STUDIES . -Sec. 3. THE STUDY OF THE HISTORY OF LAW: (1) CONCEPTION AND METHOD OF FLACH; (2) THE HISTORY OF INSTITUTIONS; (3) SOCIAL ENVIRONMENT. - Sec. 4. THE STUDY OF POSITIVE LAW: (1) RECONSTRUCTION OF CIVIL INSTITUTIONS; (2) METHOD OF RECONSTRUCTION; (3) OLD AND NEW METHODS CONTRASTED; (4) RESULTS.-Sec. 5. INTERPRETATION OF PRIVATE LAW: (1) FUTURE FUNCTION OF INTERPRETATION; (2) FUTURE METHOD OF INTERPRETATION; (3) THE METHOD IS OBJECTIVE. - Sec. 6. THE STUDY OF COMPARATIVE LAW: (1) VARIOUS OPINIONS OF THE OBJECT OF COMPARATIVE LAW; (2) WHEREIN THESE CONCEPTIONS FAIL; (3) TRUE AIM AND METHOD .-Sec. 7. TRUE BASIS AND OBJECT OF JURISPRUDENCE: (1) JURISPRUDENCE AS AN IDEAL; (2) JURISPRUDENCE AND INTERNATIONAL LAW; (3) JURISPRUDENCE, LEGISLATION, AND JUDICIAL DECISIONS.

1 ["Docteur en droit," Law School of the University of Paris; "dip-lome" of the Ecole des Sciences Politiques; Professor of Comparative Civil Law, University of Santiago, Chile; Counselor to the Legation of Chile at Paris; Associate Secretary at the Pan-American Congress of 1902. The translation is from "Une nouvelle conception des etudes juridiques et de la codification du droit civil" (Paris, 1904), pp. 1-2; 147-232. The translator is Layton B. Register.]

II. The Future of Codification

Sec. 8. PRINCIPLES UNDERLYING FUTURE CODIFICATION:

(1) THEORIES AS TO THESE; (2) THE SPANISH CIVIL CODE; (3) THE GERMAN CIVIL CODE; (4) THE PROBLEM OF THE UNDERLYING PRINCIPLES; (5) LEGISLATIVE POWERS OF THE JUDICIARY AND OF CERTAIN GROUPS; (6) CODIFICATION BY INSTITUTION RATHER THAN SUBJECT; (7) OTHER UNDERLYING PRINCIPLES; (8) THOSE TO BE REJECTED .-Sec. 9. GOVERNING IDEAS OF FUTURE CODIFICATION: (1) REFORMS INTRODUCED BY THE GERMAN CIVIL CODE;

(2) LIMITATIONS OF THE GERMAN CODE. - Sec. 10. ORIGIN OF THE CHANGES IN UNDERLYING PRINCIPLES AND GOVERNING IDEAS. - Sec. 11. METHOD OF REVISION: (1) METHOD OF DRAFTING THE SPANISH AND GERMAN CIVIL CODES; (2) CONCLUSIONS; (3) CONGRESS OF LATIN COUNTRIES ON COMPARATIVE LEGISLATION.