Abstract

RODRIGUEZ, Benjamín M. Una justica de y para los comerciantes: El tribunal de justicia del Consulado de Buenos Aires (1794-1821). Rev. hist. derecho [online]. 2015, n.49, pp.223-244. ISSN 1853-1784.

With the setting up of the Consulado de Comercio de Buenos Aires in 1794, after some years of management from the part of the traders from Buenos Aires, the commercial court was being created together with a corporative type of justice and with the prohibition of lawyers in the tribunal. This justice had some distinctive characteristics that were particularly reflected on the judicial procedures and that affected the relations between the judges and the actionable or the most general one between the ones that went to that field in the search for the solution of a certain conflict. On this paper, I will analyse the non legal character of the court. The legal arguments, the quotation to jurisprudence, like the "ordenanzas de Bilbao", "las partidas" or the laws from Castilla or Indias, the knowledge about de procedure in the tribunal, etc., appear into the merchants's judicial strategies, mixed with others arguments about contracts and goods that also had a judicial function, closer to the scope of the custom. This non legal justice, with the prohibition of lawyers and his language in the royalty certificate of origin for the Consulate, clashes in reality with the legal pretension for the traders in the trials.

Keywords : Consulado; pretensión letrada; Justicia -  costumbre.