Abstract

MARTINEZ SALCEDO, Juan Carlos. Law Codification, Legal Interpretation and Judicial Discretion. Civilizar [online]. 2015, vol.15, n.29, pp.17-30. ISSN 1657-8953.

The 1804 French Civil Code stands as the masterpiece of the encoding movement. In its development, the Drafting Committee had to accommodate the juxtaposed interests of a french society marked by difference and heterogeneity. Portalis was asked to submit the draft Civil Code to the State Council which, although it was modified during its approval, served as a necessary input for the elaboration of a Preliminary Speech that justifies the essential link between legal interpretation and judicial discretion, a relation discussed here, without losing sight of the moment in which both are proposed and their importance to the systematization of law

Keywords : Codification; Napoleonic Code; legal interpretation; judicial discretion.

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