Planiol, M. (1946). Tratado elemental de derecho civil (D. de Buen, Trans.; 3rd ed.). Editorial Jurídica de Chile. (Original work published 1908)
Modern contract law (especially in France, Spain, and Louisiana) still uses the framework Planiol built. His discussions on cause (the reason for a contract), consent, and error are still cited by the French Cour de Cassation and the Spanish Tribunal Supremo.
The Tratado Elemental is typically divided into two or three volumes (depending on the edition):
The section on obligations ( contracts and torts ) is arguably the most brilliant. Planiol’s analysis of liability under Articles 1382-1386 of the French Civil Code (fault-based liability) laid the groundwork for modern tort law in Europe and the Americas.
It is crucial to distinguish between the original French work and the Spanish translation.
Spanish Translation (Tratado elemental de derecho civil – e.g., Editorial Cárdenas or Bosch):
Since I cannot directly send you a PDF file, I have prepared the full text of the introductory sections of Tratado Elemental de Derecho Civil by Marcel Planiol, translated into English for your use.
This text is in the public domain. Below you will find the Author's Preface and the Introduction, which outline his famous objective method and his view of the sources of law.
Disclaimer: While older editions may be in the public domain, always respect copyright laws regarding newer annotated editions in your country. marcel planiol tratado elemental de derecho civil pdf
The Tratado Elemental de Derecho Civil (originally Traité Élémentaire de Droit Civil) by Marcel Planiol is a foundational work in civil law, widely used as a primary reference for the Napoleonic Code and its influence on Latin American legal systems.
While physical copies are available through specialized legal publishers like Cárdenas Editor, you can find digital versions and detailed indices through the following sources: Digital Access and PDF Versions
Complete French Original: The Internet Archive hosts the 1904 edition of the Traité Élémentaire de Droit Civil available for direct PDF download. Spanish Translations (Tome-Specific):
Tome I (General Part): An index and summary focusing on the "General Part" (law, persons, family) can be found at URBE University.
Tome III (The Assets/Los Bienes): A digitized version of the volume covering property, possession, and acquisition is hosted by the Rama Judicial (Videoteca). Work Structure
The treatise is typically divided into three primary volumes:
Volume I: General theory of law, the status of persons, and family law (marriage, divorce, etc.). Volume II: Obligations and contracts.
Volume III: Property law (assets, possession, and ownership) and successions. Historical Significance Planiol, M
Marcel Planiol, often in collaboration with Georges Ripert, provided one of the first systematic critiques of the French Civil Code, moving beyond simple commentary to a more scientific analysis of legal principles. His definitions of "legal personality" and "assets" (patrimony) remain standard in modern civil law education.
Do you need help finding a specific volume or a particular legal concept (like "obligations" or "property") within the treatise?
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Marcel Planiol's Tratado Elemental de Derecho Civil (originally Traité élémentaire de droit civil) is a fundamental pillar of civil law literature, originally designed to align with the official French law school curriculum. While the original work is in French, it has been widely translated and expanded upon by collaborators like Georges Ripert.
You can find digital versions of this classic work on several platforms:
The Internet Archive hosts the original French Traité élémentaire de droit civil conforme au programme officiel des Facultés de droit.
Research repositories like ResearchGate provide insights into his methodology, such as The Communication Model of H.D. Lasswell as an Element of Methodology of Civil Researches.
Legal digital libraries like LSU Law Digital Commons offer detailed reviews and English translations, such as the PLANIOL, CIVIL LAW TREATISE. Modern contract law (especially in France, Spain, and
Judicial libraries such as the Rama Judicial provide specific volumes or sections on DERECHO CIVIL. Structure of the Treatise
The work is typically divided into three primary volumes, though Spanish translations often expand this into several more specific books: Volume 1: General Principles, Persons, and Family Covers the concept of law, its sources, and codification.
Details the legal status of individuals, marriage, divorce, and filiation. Volume 2: Obligations, Contracts, and Securities
Focuses on the theory of contracts, special contracts (sale, lease, loan), and proof of obligations. Explores legal securities like mortgages and pledges. Volume 3: Property and Successions
Examines the concept of patrimony, classifications of goods, and the rights of ownership. Covers matrimonial regimes, donations, and testaments.
Bibliographic details for specific editions can be verified through the Parlamento UY or La Red Cultural del Banco de la República.
AI responses may include mistakes. For legal advice, consult a professional. Learn more