The rise of the modern State did not just mean the instauration of a political and cultural system capable of articulate the ideas of reason, private property and liberty, but also implied a Copemican twist in the law and its application. Such changes were even more pronunciated in Hispanic America, in which countries imperated a casuistic system of law, established in the judicial arbitrarnent, characteristics that later were replaced by the concept of system and legal application of the rule. Thus, the present study intends to demonstrate the tensions and frictions that were present in the transition from the Spanish Colonial Law to the codificated law in Peru.
Gálvez, J. F. (2010). Codificación y derecho indiano: el código civil peruano de 1852. Revista Chilena De Historia Del Derecho, (21), Pág. 481–498. https://doi.org/10.5354/rchd.v0i22.22021
