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Revista de historia del derecho

On-line version ISSN 1853-1784

Abstract

POLOTTO, María Rosario. Legal Unification, Federal Regime and Jurisprudence: Cassation in Argentina (1853-1936) ). Rev. hist. derecho [online]. 2023, n.65, pp.3-3. ISSN 1853-1784.

This paper analyses, from an iushistoriographical perspective, the lines of argumentation that encouraged the debate on cassation in Argentina, and its connection with the discussions that dominated the legal culture of the time. The thesis developed here aims to demonstrate that, beyond the unifying purpose of jurisprudence pursued in comparative law, the establishment of a national cassation instance was aimed at routing issues related not only to our constitutional architecture but also to the functioning of its institutions, such as the work of judges, the place and assignment of federal justice and the intended leadership of the National Supreme Court of Justice. The time frame developed in this research covers the period from the enactment of the constitution and the codes to the first attempt to reform the civil code through the 1936 Project.

Keywords : Cassation; Codification; Unification of jurisprudence; Supreme Court; Draft Civil Code of 1936.

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