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Vol. 13 No. 3 (2024)

In this last issue of 2024, ||civilistica.com focuses its attention on contemporary problems in family law, one of the areas of civil law most directly linked to the promotion of human dignity. We open the issue with an article authored by our editors and executive advisor, Professors Maria Celina Bodin de Moraes, Maria Cristina De Cicco and Joyceane Bezerra de Menezes, outlining an overview of the constitutionalization of family law in Brazilian jurisprudence. The dialogue between human autonomy and capacity is established in interesting studies on testamentary capacity and decision-making regarding children and adolescents. We also present works specifically focused on the various dilemmas faced in the adoption process and parental relationships. In the field of civil liability, we highlight studies on the turbulent development of the so-called "existential damage" in our law, as well as the damages produced within the scope of new technologies. Contractual liability is also faced, particularly in its modulation by the so-called "wash-out clause". We wish everyone a great end of the year!
Vol. 13 No. 2 (2024)

This edition of Civilistica.com brings together several studies on the current problems of Brazilian civil liability, from dogmatics to criticism of its philosophical and sociological foundations. Particularly in terms of contractual liability, the problem of delimiting and pre-fixing the compensation amount receives particular emphasis. In the extra-patrimonial field, we highlight an interesting critical theory essay and some relevant research on the fate of compensation for collective moral damages, without neglecting the dilemmas involving the damage caused to existential interests by new technologies. The effects of time on legal relations also receive particular attention with studies on the accession of possession and on the statute of limitations in the inheritance petition action. We also adress the protection of people with disabilities and, in foreing doctrine, the dilemmas of contemporary family law. In conclusion, we would also like to recommend, in the field of comparative law, a valuable translation of an Italian study on the interpretation of legal transactions in German law. We wish you all a good reading!
Vol. 13 No. 1 (2024)

In this first issue of the year 2024, Civilistica.com is pleased to offer a collection of studies in tune with the main debates in contemporary civil law. We would like to highlight, to begin with, the translation of a fundamental text on legislative reforms in civil law, written almost six decades ago by Stefano Rodotà, whose warnings are impressive for their relevance to the current Brazilian moment and to the profound transformations recently suggested for our Civil Code. In the national doctrine section, we begin with studies of family law, particularly concerned with the protection of vulnerable people (such as children, the elderly and people with disabilities) in family relations. We also highlight three studies focused on analyzing the impacts of technological evolution on the classic categories of the law of things, in addition to works on consumer law and civil liability. In foreign doctrine, we present studies on two very up-to-date topics (credit privileges and the right of children to be heard), reinforcing our commitment to intensifying the dialogue with Latin American authors. We wish you all a great read!
Vol. 12 No. 3 (2023)

In this last issue of the year 2023, ||civilistica.com invites its readers to reflect on the uses of the notion of vulnerability in current Brazilian law, presenting studies based on the protection of vulnerable individuals in contractual relationships, within the family (especially in the regarding the guardianship of children and adolescents) and also in the virtual environment (with emphasis on the protection of personal data). The contemporary debate on the so-called functions of civil liability is addressed in a preface to a recently released work on the subject, as well as in a study focused on the treatment of civil liability by the recent Competition Defense Law. In the field of contract law, we present interesting studies on premonitory notification and cross-default clauses. We would also like to highlight the relevant critical jurisprudence comments in this edition, with themes that range from the nature of the in solidum obligation and its effects on recent STJ judgments to the pressing problem of involuntary psychiatric hospitalizations and responsibility for their unreasonable duration. We wish you all an excellent read and a year of 2024 full of renewal and achievements!
Vol. 12 No. 2 (2023)

Given the beginning of the works of a commission of jurists who, by invitation of the Federal Senate, intends to update the text of the 2002 Civil Code from a deliberate jurisprudential bias, the studies gathered in this new issue of ||civilistica.com seem highlight at least three major groups of difficulties offered by a task of such magnitude. On the one hand, they present, in a critical light, some of the problems and many deficiencies of the Brazilian legislative and jurisprudential production in recent years (for example, in the treatment of urban land regularization, in the change in codified regulations on the interpretation of legal transactions or in the application of the regime from solidarity to environmental liability). On the other hand, they bring to mind several issues that remain unexplored or misunderstood in the current law (such as the nature of civil liability provided for by the LGPD, the potential of institutes such as the codicil, the requirement of just cause in the affixing of clauses restricting donations between ascendants and descendants or even the limits of compensable damage in view of the increasingly less respected technical requirements of civil liability). Finally, they highlight some of the many challenges of our time awaiting an efficient legal solution (from the protection of consent and decision-making in a virtual environment, through combating gender violence and reaching the progressive autonomy of children and adolescents ). We hope everyone finds the necessary prudence to face these and many other dilemmas in current civil law - and, of course, we wish you all an excellent read!
Vol. 12 No. 1 (2023)

In this first issue of 2023, ||civilistica.com reaffirms its commitment to always bring its readers the most current and relevant contents of civil law, translated in the words of professors and scholars from all over the country, seeking to promote a positive social impact that is adequate to the complexity of our historical moment. A good part of the studies in this issue are dedicated to the challenges posed by digital and technological advances, some of them on the most current agenda of Brazilian legislative production, such as: the control of posts on social networks, the damages caused by artificial intelligence, traffic discrimination on the Internet, the protection of personal data and copyright in the virtual environment and digital heritage. We also bring studies in the area of biolaw in Brazil, Portugal and Colombia, in addition to works on obligations and contracts. We would like to thank our authors and readers for their trust and for their invaluable contribution to the development of our journal. Have a good reading everyone!
Vol. 11 No. 3 (2022)

In the last issue of 2022, ||civilistica.com brings to its public an edition full of studies covering all areas of civil law. We begin this issue with studies on protecting people's vulnerability in the digital environment. We then move on to contractual law and its contemporary dilemmas, identified from a functional and solidary perspective: the concept of breach of contract, the effects of non-performance, the duty to renegotiate, the hermeneutic function of objective good-faith. We then move on to important issues of supra-individual interest: cooperatives, environmental responsibility, collective moral damage. Next, we approach studies on the role of civil liability in the protection of existential interests, arriving, then, at the protection of people with disabilities and of children and adolescents. We also offer articles on intellectual property and succession. And, finally, we pay a simple tribute to a master and a friend, Prof. Danilo Doneda, still dismayed by the news of his loss and permanently grateful for the legacy he left us. May the coming year be full of renewal and hope. We wish you all a great reading!
Vol. 11 No. 2 (2022)

This second issue of 2022 is deeply marked by the impact of new technologies on civil law. On this topic, ||civilistica.com offers its readers some interesting studies on damages caused by artificial intelligence, autonomous cars, automated decisions, algorithmic contracts and other issues that, if once seemed to belong to the distant future, today show an unsettling proximity. Not by chance, this issue is filled with studies in the field of civil liability, the legal system's first response to the new challenges that are imposed. We would like to highlight, among others, an interesting paper on causality and its relation to equity judgements. Still in the field of obligations, we also bring articles on Latin American principles of contract law and the figure of the commodum repraesentationis. Finally, we would like to highlight an important study on the legal protection of motherhood from the perspective of "mothering", that is, the concrete exercise of maternal care for the children, regardless of the status familiae. We wish you all an excellent read!
Vol. 11 No. 1 (2022)

The first few months of 2022 make it clear how some of the major theoretical and practical problems of recent years remain unsolved. In this first issue of the year, ||civilistica.com is once again dedicated to some of these problems. Faced with the pandemic scenario that persists against all expectations, we bring to the public the full version of the book "Direito e Vaccination", for free access, as well as specific articles that reflect on the effects of the pandemic on contractual law and on the treatment of personal data. The new types of legal relationships provided by technological advances are addressed in studies on sharing economy and consumer protection on marketplace platforms. The dispute for space between different ideological strands in matters of civil liability is reflected in studies on the economic analysis of the right to damages, in diverse legal theories of causality and the hierarchy of needs. And the dilemmas surrounding family relationships in recent years gain new contours in works on domestic violence, the unilaterality of divorce, the legal implications of self-insemination, the change in the property regime and the legal limits to inheritance law. We also bring, in this issue, translations of texts by René David and Francesco Patti, on the ever-present themes of the autonomy of Latin American legal systems and the limits and possibilities of general clauses. May this year allow us to move forward effectively in all these relevant debates. We wish you all a good read!
Vol. 10 No. 3 (2021)

In this last issue of 2021, ending the celebrations of Civilistica.com's tenth year of publication, we are pleased to bring to the public articles that represent some of the most dear values to our editorial line: the concern with the protection of the human person in situations of vulnerability, the indispensable interdisciplinary look (especially in matters of an existential nature) and the constant search to offer effective contributions to the hermeneutics of private law with technical precision and dogmatic depth. We thank all our readers for the trust placed in Civilistica.com throughout its first decade of existence and we reiterate our commitment to always seek to offer the public relevant, current and plural studies that portray the dilemmas and problems of contemporary private law and help to outline the panorama for a better future. May the coming year bring renewal and hope for everyone. Happy holidays and enjoy reading!
Vol. 10 No. 2 (2021)

In this second issue of 2021, continuing with the celebration of its first decade of existence, ||civilistica.com is honored to bring to the public unpublished works by the authors of some of the magazine's most cited publications in the last ten years, including Eugênio Facchini Neto, Ana Carla Harmatiuk Matos, Giovanni Ettore Nanni, Aline de Miranda Valverde Terra, Leonardo Estevam de Assis Zanini, Thaís Goveia Pascoaloto Venturi, Gabriel Rocha Furtado and many other prominent names in contemporary Brazilian civil law. Among the topics covered, the issue permeates civil liability, personality rights, the law of obligations and family law, with emphasis on several comparative studies. We also present Ana Paula Barbosa-Fohrmann's review of Michael Quante's work. We wish you all an excellent reading!
Vol. 10 No. 1 (2021)

In the year in which it celebrates a decade of existence, ||civilistica.com has the joy of continuing to fulfill its commitment to the most current debates in private law. In the midst of the growing crisis in the protection of personal data, with repeated news of grave data leaks, we present to the reader an in-depth study on the tensions between person and market in the Brazilian Personal Data Protection Act. While reports of plagiarism reach the news all over the country, we present an article that investigates the relevance of the author's intention for its configuration. We also highlight a study on virtual wills that analyzes important civil repercussions of COVID-19, a careful analysis of the problem of the judicialization of public health in the country and several works covering the protection of vulnerable people, consumer rights, family relations and inheritance law. In foreign doctrine, we also present a study on the return of illicit profits in the Peruvian system and a comparative law investigation on the donation of gametes. We wish you all a good reading and that this first decade of existence of || civilistica.com may be accompanied by better news for everyone.
Vol. 9 No. 3 (2020)

At the end of this historic year, when the COVID-19 pandemic became the center of attention in the most diverse sciences (including private law), studies on the many legal repercussions of the new coronavirus appear to have reached a point of saturation: all possible initial discussions have been held, and eventual future consequences will still require time and maturity to be known. With the approach of the new year and the hope of better times, ||civilistica.com invites the reader to turn their eyes to other (new) themes in the current scenario, presenting a selection of texts on the most pressing discussions on the protection of personal data and the fight against fake news, as well as proposing a change of perspective in already known topics, through interesting interdisciplinary studies, which bring together neuroscience and consumer protection, environmental law and literature, psychotherapy and family relations and so on. Studies on contractual balance, consent bias and the ghost writer’s legal regime complement our selection. We wish you all a great new year!
Vol. 9 No. 2 (2020)

In this second issue of 2020, and still under the impact of the new coronavirus pandemic, ||civilistica.com presents four studies on the legal consequences of COVID-19, all published ahead of print, during the first semester of this year, so as to preserve their up-to-date status and grant the public the most imediate access to such an important content. Those papers approach the possible legal consequences of the pandemic both in patrimonial and existential matters. This issue still presents some interesting papers on legal personality, civil capacity, product liability in consumer law, new damages, new family arrangements, contracts and “in re” rights. Other highlights are a detailed legal opinion on the non-concurrence clause in share purchase agreements, a commentary on jurisprudence about the patrimonialization of affection in family relations, reviews on recent and important contributions to legal literature and, in the Foreign Doctrine section, important articles in Italian and in Spanish. Have a nice reading!
Vol. 9 No. 1 (2020)

In the unexpected scenario of uncertainties following the COVID-19 pandemic, ||civilistica.com, keeping its commitment to granting its public the most up-to-date debates and useful content, offers its readers some extra reading content for this hard beginning of 2020, with the ahead of print presentation of two articles from our next issue, related to the legal impacts of the pandemic. Additionally, this issue also presents papers, recommended links and one legal opinion on the protection of personal data, a very current matter in the light of the Parlament`s debate on MP 954/2020, concerning the sharing of data during the public health emergency. We also offer our readers articles on civil liability, contracts, personality rights and family relationships – and, in the Foreign Doctrine area, a study on legal principles and their reasoning function, in Spanish. Stay at home and have a nice read!
Vol. 8 No. 3 (2019)

In times of the Brazilian Economic Freedom Act and other legislative manifestations of drastic (sometimes excessive) appreciation of classical private autonomy, this issue of ||civilistica.com offers the reader several studies on private autonomy in general and, particularly, of contractual autonomy in contemporary law. We open with a fascinating foray into a fundamental work for liberal thought, The Adventures of Robinson Crusoe, through a study developed by Prof. Maria Celina Bodin of Moraes. Adalberto Pasqualotto’s article asks about the current value and devaluation of free enterprise, while the tendencies toward individualism and solidarity in civil and mercantile contracts are analyzed by Gilberto Fachetti Silvestre. The vicissitudes of the contractual relationships are investigated by Raphael Marcelino de Almeida Nunes, who talks about the efficient breach of contracts, by Francisco de Guimaraens and João Maurício de Abreu, who address the “rebus sic stantibus” clause, and also by Anissara Toscan, who comments the so-called restitution of the monetary equivalent. Autonomy in existential matters is also the subject of exciting studies. Luciana Dadalto and José Luiz de Moura Faleiros Júnior analyze the electronic living will, Fabíola Lobo ponders about the recent transformations of family law and Ana Paula Barbosa-Fohrmann and Luana Araújo investigate the limits of the autonomy of people with disabilities. In the field of civil liability, we also have the studies of Alexandre Pereira Bonna and Pastora do Socorro Leal on moral damages, as well as a deep analysis of civil liability in the light of Rawlsian theory, developed, in English, by Leandro Martins Zanitelli. Concluding the doctrinal contributions of the year, we also have an interesting article by Mauricio Boretto about the family enterprise in Argentine law, written in Spanish. We wish you all a great read and happy holidays!
Vol. 8 No. 2 (2019)

The return to topics already investigated in the past can offer surprising new results to the scholar. In this issue of ||civilistica.com, our authors return to topics of utmost relevance, thus bringing innovative developments, necessary to the present moment. In the contractual field, Eduardo Nunes de Souza resumes the discussion about the cause of the contract; as for inheritance law, Marcos Catalan takes up, in co-authorship with André Arnt Ramos, a relevant critical reflection on the Brazilian model; at the same time, Claudia Lima Marques and Fernanda Nunes Barbosa undertake a new incursion into consumer law to investigate the extent to which it promotes effective protection for the elderly. Alongside those studies, we would like to offer the reader a series of reflections on the exercise of private autonomy in existential matters: be it in the extrajudicialization of the recognition of social paternity (Danilo Henrique Nunes, Lucas de Souza Lehfeld and Fernanda Morato da Silva Pereira), in the clash between autonomy and fundamental rights (Ricardo Alves de Lima and Henrique Cassalho Guimarães), in the arbitrability of matters regulated in prenuptial agreements (Fabiano Hartmann Peixoto and Vívian Salomão Ianelli), in the autonomy for the construction of the so-called recomposed families (Nadinne Sales Callou Esmeraldo Paes) or, still, in the serious dilemmas involving euthanasia and autonomy within the limits of human life (Igor de Lucena Mascarenhas). Among our Translations, we have the honor of publishing a key text by Cass Sunstein. And, back to the patrimonial law, we end our issue with two relevant contributions to obligations law: a critique of the jurisprudential treatment of the prescription of claims of undue payments, developed by Rodrigo da Guia Silva, and a systematic reflection around the so-called inversion of penalty clauses in real estate acquisition contracts, by Vynicius Pereira Guimarães. We still offer our readers new bibliographic reviews and selected links and videos. We wish you all a good read!
Vol. 8 No. 1 (2019)

With this first issue of 2019, ||civilistica.com invites their readers to join some interesting investigations concerning various private law matters. This issue comprises the following articles: "Violation of Human Rights of Personality in the Digital Environment: a Perspective of Europeanization of the Criteria for Fixing the Jurisdiction and New Courses to the Limits of the Brazilian Courts’ Competence", by Cristiano Colombo and Eugênio Facchini Neto; "The informed Consent and the Protection of Personal Health Data on the Internet: An Analysis of the Legislative Experiences of Portugal and Brazil for the Integral Protection of the Human Person", by Gabrielle Bezerra Sales Sarlet and Cristina Caldeira; "Is It Possible to Mitigate the Capacity and Autonomy of the Disabled Person for the Practice of Patrimonial and Existential Acts?", by Aline de Miranda Valverde Terra and Ana Carolina Brochado Teixeira; "The Ascertainment of Autonomy and the Law n. 13.145/15: Some Notes on the Marriage of Disabled Persons", by Débora Gozzo and Juliano Ralo Monteiro; "Violência contra as mulheres, reação violenta ao gênero e ideologia de gênero familista", by Carmen Hein de Campos and Márcia Nina Bernardes; "Direito real de laje: evolução histórica e topografia no sistema", by Guilherme Calmon Nogueira da Gama and Filipe José Medon Affonso; "Presumption of Veracity of the Statement of Insufficiency of Financial Resources and Gratuitous Procedure", by Fernanda Tartuce and Caio Sasaki Godeguez Coelho; "Adherent’s Uniformed Consent: Adhesion Contracts Legal Repercussion Between Non-Consumers", by Camilo Posada Torres; "Constitutional norms in private relations", by Pietro Perlingieri; "Orlando Gomes and his work", by José Carlos Moreira Alves; "O direito sucessório do companheiro e o ‘contrato de namoro’: uma análise dos efeitos da equiparação com o regime do casamento", by Diego Brainer de Souza André. Have a good reading!
Vol. 7 No. 3 (2018)

||civilistica.com's last issue of 2018 presents the following papers: "Instruments for the Protection of Children against Their Own Parents", by Maria Celina Bodin de Moraes; "Causality and Fault in Torts Law: Subsidies for a Needed Conceptual Distinction", by Eduardo Nunes de Souza; "The Nullity of Forum Selection Clause and Arbitration Clause in Franchise Contracts: the Dependent Contracting Party Protection Principle in Collision with the Contracts Binding Principle", by Leandro Cardoso Lages; "Contemporary Legal Business: The Effectiveness of the Dignity of the Human Person with Support in Existential Contracts", by Caroline Melchiades Salvadego Guimarães de Souza Lima, Pedro Henrique Amaducci Fernandes dos Santos and Roberto Wagner Marquesi; "The Theory of the Juridical Fact and the Personality Rights: One Reading Mediated by the Constitution", by Edson Luís Kossmann and Wilson Engelmann; "Economics Studies Applied to Lesion of the Civil Code", by Ana Carla Bliacheriene and Lucas Kenji Doi1; "Legal Effectiveness of Advance Directives in the Brazilian Legal System", by Fernanda Schaefer Rivabem and Jussara Maria Leal de Meirelles; "The Importance of Bioethics in the Use of Eugenia for the Enforcement of New Fundamental Rights", by Regina Célia de Carvalho Martins and Daniel Barile da Silveira; "Transitonal Law in Legal Partnership and the Community of Property", by Tereza Cristina Monteiro Mafra and Lettícia Fabel Gontijo; "Reflections and Challenges Proposed Through Feminist Reading Concerning Breach of Conjugal Duties", by Francielle Elisabet Nogueira Lima and Ligia Ziggiotti de Oliveira; "Political Correctness and Informed Consent: an Interpretation of Patients’ Rights within Argentine Mental Health System", by Luciano D. Laise; "The Application of the Substantial Performance Theory in Child Support Obligations: Comments to Case HC 439.973-MG", by João Quinelato. Happy holidays!
Vol. 7 No. 2 (2018)

This issue of ||civilistica.com has a selection of articles from a wide range of civil law topics for the appreciation of readers. This includes even the civil procedural law, on which some articles approach the civil procedural principles and mediation. In the contemporary doctrine session, we can count on the following works: “Propter Rem Obligations Doctrine and Condominium Maintenance Fees”, by Daniel Amaral Carnaúba and Guilherme Henrique Lima Reinig; “Personal Injury in Labor Relations: Limitations and Damages Caps According to the Brazilian Labour Reform”, by Eroulths Cortiano Jr. and André Luiz Arnt Ramos; “Positive Breach of Contract, Obligation as a Process and the Default Paradigm”, by Samuel Meira Brasil Jr. and Gabriel Sardenberg Cunha; “Legal Status as a Measure of Personal Identity”, by Rafael Esteves; “For a Preferred Position of Right of Reply in Conflicts between Freedom of Press and Right to Honor”, by Fábio Carvalho Leite; “Gentrification as Abuse of Rights”, by Maurício Requião; “Humanism and Abstraction in Family Law”, by José Antônio Peres Gediel and Rafael de Sampaio Cavichioli; “Constitutional Civil Procedure Principles”, by Firly Nascimento Filho; “Mediation Institutionalization in Brazil and Judiciary’s Protagonism”, by Bruna Barbieri Waquim and Antonio Henrique Graciano Suxberger; and “Antigone: Epistemological Aspects of the Distinction Between Natural Law and Positive Law”, by Arnaldo Vasconcelos, Júlia Maia de Meneses Coutinho and Bleine Queiroz Caúla. In foreign doctrine, the contributions come from Portugal, with the work “The Culpable Attributing Facts to Legal Persons in Delict Civil Responsibility in Portuguese Law”, by Joaquim Manuel Ferreira da Silva Ramalho, and from Italy, with the work “Italian language and national identity”, by Arianna Alpini. In analysis of jurisprudence, once again we could count on Luciana Dadalto‘s analysis about the Living Will, in “The Living Will’s Judicialization: Analysis of Case n. 1084405- 21.2015.8.26.0100/TJSP”. Enjoy this issue!
Vol. 7 No. 1 (2018)

2018 starts with great news. Starting by the issue number 1.2018, the publication of ||civilistica.com will happen every four months, this is a challenge that involves not just the ones who make the journal in its day by day, but also and especially its peer review team – without whom this publication would not have achieved its excellence acknowledge by the academic community. In the first issue of the new stage, the contemporary doctrine session is opened with the article “Limits to the Principle of Full Compensation Under the Brazilian Law”, by Carlos Edison do Rêgo Monteiro Filho. For this same session, “Protection Of Right To Privacy In The Hyperexposition Society: Paradoxes And Empirical Limits”, by Luiz Augusto Castello Branco de Lacerda Marca da Rocha e Klever Paulo Leal Filpo; “Unraveling the Right Over Roof Slab”, by Roberto Wagner Marquesi; “Duty to Inform Versus Duty to Be Kept Informed: The Good Faith in Contracts”, by Fernanda Valle Versiani; “The Social Function Being Limit of the Contract: Contribution for the Judicial Application of the Art. 421 of the Civil Code”, by Gilberto Fachetti Silvestre; “Between Galaxies and the Code: Contractual Networks and the Contours of the Privity of Contracts”, by Guilherme Coutinho Silva are also presented; and to close this part, “To Think That Antelopes Might Devour Lions: Eight Brief Notes on a Passing Thesis”, by Ricardo Aronne (in memoriam) e Marcos Catalan. In foreign doctrine, once again we could count with the work of professor Mauricio Boretto, “The Human Person in the New Civil and Commercial Code of the Republic of Argentina”. In analysis of jurisprudence, a work done by Júlia Costa de Oliveira, “Contractual and non-contractual Liability, unite yourselves? Coments on REsp. n. 1.281.594/SP”. In the review session, Chiara Spadaccini de Teffé analyses the work “Internet of things”, by Eduardo Magrani. In order to conclude this issue, the new regulation about personal data in Europe, which has already been referred in the editorial of this issue.

Have a nice reading!
Vol. 6 No. 2 (2017)

This issue of ||civilistica.com, that ends the sixth year of publication of an electronic journal that emphasizes the quality of the texts and the diversity of themes that it presents to the reader, is opened with an instigating reflection by Professor Maria Celina Bodin de Moraes, our chief editor, and Eduardo Nunes Souza, about “Education and Culture in Brazil: The Problem with Homeschooling”, in the contemporary doctrine session. Also in this session, we count on with the works of authors from several regions of Brazil: from Paraná, Carlos Eduardo Pianovski Ruzyk and Marcelo L. F. de Macedo Bürger,”Judicial Relief of Obligation Against Third Parties (Un)bound by Social Function of Contract“, and Giovanna Bonilha Milano, “Judiciary Power and Urban Land Conflicts: Procedural Frames of the Dispute“; from Santa Catarina, Guilherme Henrique Lima Reinig and Rafael Peteffi da Silva, “Reflex Damages (Relational Loss) and Damage to Psychic Health: Nervous Schock (Schockschaden) in German Civil Law“; from Rio Grande do Sul, Voltaire de Freitas Michel and Marc Antoni Deitos, “The Original Acquisition of Property: a New Reading of Locke and the Possibility of an Autonomous Concept of Private Law“, Ingo Wolfgang Sarlet and Flaviana Rampazzo Soares, “Reflections on the Dignity of the Human Person as a Foundation for Compensation Postulations in Labor Law“, Juliano Heinen, “Coherence and the Legal System“, and Maria Cláudia Cachapuz, “The Construction of a Pragmatic Model of Legal Sources: a Permanently Present Discussion“; from Rio de Janeiro, Fernanda Nunes Barbosa and Thamis Dalsenter Viveiros de Castro, “Dilemmas of Freedom of Speech and Solidarity“; from São Paulo, Leonardo Estevam de Assis Zanini, “The Protection of the Right to Image in Germany“, and Débora Gozzo, “Multiple Parenthood and Succession Law: the Perspective of the Brazilian Superior Courts”; from Minas Gerais, César Augusto de Castro Fiuza and Marcelo de Rezende Campos Marinho Couto, “Essay on the Right In Rem to Build on Someone Else’s Building as Admitted by the Law 13.465/2017“, and Ana Carolina Brochado Teixeira and Ana Cristina de Carvalho Rettore, “Reflexes of the Concept of Extended Family on Coexistence and Visitation Rights”; from Brasília, Bruna Barbieri Waquim and Bruno Amaral Machado, “Heterorreferences on Parentality: Cognitive Opening to “Psy” Speeches, Common Sense and Legal Descriptions of Parental Alienation and Shared Guard“. In Foreign Doctrine, it is our honor to offer the readers the text of Professor Matías Irigoyen-Testa, “The Legal Cap of Punitive Damage in Argentina”, and another of Professor José de Oliveira Ascensão, “Acceptance, Adaptation, Hope: the Fundamental Coordinates of Aging“. In the Translation session, our international editor, Professor Maria Cristina De Cicco translates “Legal rule and social reality” by Tullio Ascarelli. In the analysis of jurisprudence, we have some news. Besides the national jurisprudence, “Notes on the fitting of the right of retention: challenges of self-regulation in private law”, commented by Rodrigo da Guia Silva, we also bring, for the first time, a commented translation of foreign jurisprudence by Karina Nunes Fritz, ” German Constitutional Court admits the existence of a third genre (commentary and translation)”. In the review session, three works are highlighted in this issue: Rodrigo da Guia Silva reviews the work “Teoria geral das invalidades do negócio jurídico: nulidade e anulabilidade no direito civil contemporâneo”, by Eduardo Nunes de Souza; Chiara Spadaccini de Teffé works with “Memória e esquecimento na internet”, by Sérgio Branco; and Ana Carolina Brochado Teixeira presents “Liberdade e Família: limites para a intervenção do Estado nas relações conjugais e parentais”, by Renata Vilela Multedo”. In selected videos, we return to the theme that opened this issue: the education. Have a nice reading!
Vol. 6 No. 1 (2017)

This issue of ||civilistica.com that we now present to the reader is opened with an instigating contemporary reflexion by Prof. Maria Celina Bodin de Moraes on the role of prescription in the matter of damagens for ‘pain and suffering’ in Brazil, with the Editorial Note “Prescrição, efetividade dos direitos e danos morais”. In National Doctrine, the papers that compose this first number of 2017 go through the various areas of private law, namely: “A Functional View of the Invalidity of Legal Acts: Proposition towards the Modulation of Effects in Invalid Acts”, by Eduardo Nunes de Souza; “Human Existentiality: Legal Acts in the Postmodern View”, by Ana Paula Ruiz Silveira Lêdo, Isabela Cristina Sabo and Ana Cláudia Corrêa Zuin Mattos do Amaral; “The Legal Rights Conceptions of Hans Kelsen and Alf Ross”, by Daniel Brantes Ferreira and Pedro Henrique Veiga Chrismann; “Mitigation of Damages under Brazilian Law: Quid Est et Quo Vadat?”, by André Luiz Arnt Ramos and João Pedro Kostin Felipe de Natividade; “Illicit and Harmful Interference: Possibility of Overlapping and Needlessness of Coexistence for Setting the Abnormal Use of Property”, by Everaldo Augusto Cambler and Andrea Lupo; “The Issue of Performance of the Preliminary Contract: Sketch of Systematization under the Civil-constitutional Approach”, by Antonio dos Reis Júnior; “Hidden Risks in Real Estate Transactions and the Principle of Concentration”, by Breno de Andrade Zoehler Santa Helena; “The Current Relevance of Compensatory Maintenance in Brazil”, by Cora Cristina Ramos Barros Costa and Fabíola Albuquerque Lôbo; “Law n. 13.058/2014 and the Possibility of One Parent Opting Not to Exercise the Joint Custody of the Child in the Light of the Principle of the Best Interest of the Child and Adolescent”, by Ana Paula Motta Costa and Rodrigo Freitas Paixão; “Active Legitimacy of the Successors and the Spouse or Surviving Partner for the Impetration of Habeas Data in the Light of the Preservation of the Privacy of the Deceased”; by Régis Gurgel do Amaral Jereissati and Eduardo Rocha Dias; and, still, “The Hormonal Therapy in Teenagers Diagnosed with Gender Dysphoria as a Reflex of the Right to Personality’s Development”, by Ana Paola de Castro e Lins and Joyceane Bezerra de Menezes. In Foreign Doctrine, we now publish “Regulation of ‘Rights’ and ‘Property’ in the New Civil and Commercial Code of Argentina”, by Mauricio Boretto; and “The Exceptio Non Adimpleti Contractus in the French Civil Code Reform: Analysis of the Limits of the Exception”, by Carlos Alberto Chinchilla Imbett. Analysing jurisprudence, we have Francisco de Assis Viégas, examining the practice of different prices according to the methods of payment in consumer’s law and, still, Livia Teixeira Leal analysing the issue of civil registry in relation to biological and socio-affective parenthood. In this issue, we have chosen to review “Bons costumes no direito civil brasileiro”, by Thamis Dalsenter, a work done by Eduardo Nunes de Souza. In Selected Videos, we recommend the TED by Chimamanda Ngozi Adichie, “We should all be feminists”, as well as an interview with Prof. Stefano Rodotà about his book “Diritto d’Amore”. Finally, as recommended links, we suggest the videos of the Public Hearing about the Right to Be Forgotten that has taken place in the Brazilian Supreme Court in 2017.

Have a nice reading!
Vol. 5 No. 2 (2016)

“A historical year for family law”. With this statement, witch gives the title to the editorial 2.2016 of ||civilistica.com, we open one more issue of the journal, witch has as a highlight the article of our Chief Editor, Prof. Maria Celina Bodin de Moraes, in coauthored by Renata Vilela Multedo, “Privatizing Marriage”. Still in the field of family law, we offer the article “Is Criminalizing Parental Alienation the Best Solution? Thoughts on Bill n. 4,488/2016”, by Bruna Barbieri Waquim, and “Obligatio non Faciendi and Duty of Fidelity: the Conduct of the Lover under the Perspective of Obligations, Family and Torts Law”, by Felipe Cunha de Almeida. In the field of bioethics, the article “The Subjective Right to a Dignified Death: a Reading of Brazilian Law from the José Ovídio González Case”, by Maria de Fátima Freire de Sá and Diogo Luna Moureira, discusses the possibility of having autonomy to die in Brazilian law, considering legal precedents from the Colombian Constitutional Court. Still on national contemporary doctrine, we are publishing two intriguing articles in the field of property law: “Private Autonomy and Rights In Rem: Resizing of the Principles of Specificity and Legal Type in Brazilian Law”, by Milena Donato Oliva e Pablo Rentería, and “Extrajudicial Recognition of Adverse Possession in the New Civil Procedure Code”, by Voltaire de Freitas Michel. Finally, the articles “Interamerican Court of Human Rights and the Demonetization of Civil Liability”, by Adriano Pessoa da Costa and Gina Vidal Marcílio Pompeu, “The reasons of legal entity and the subjectivity expropriation”, by Sérgio Marcos Carvalho de Ávila Negri, and “Torts Law as a Tool of Protection and Effectiveness of Human Rights”, by Thaís G. Pascoaloto Venturi deal with torts law. Regarding foreign doctrine we are publishing, as an invited paper, “Judicial Discretionality and Law’s Certainty: the Current Terms of an Originary and Inevitable Conflict”, by Francesco Prosperi, and “Gift and Danger”, by Richard Hyland (also present in the translation section, in the work of Prof. Eduardo Nunes de Souza, together with “Antígona and Pórcia”, by Tullio Ascarelli, in the translation of our International Editor Prof. Maria Cristina De Cicco, and “Fundamental rights and the principle of proportionality”, by Giorgio Pino, in the translation of Anna Teresa Bonavita Trotta). Two more articles compose this section: “Sex, Gender and Law: Considerations in the Light of French and Brazilian Legal Systems”, by Daniel Borillo and Heloisa Helena Barboza, and “The Historical Development of Informed Consent in Spain and Brazil”, by Éfren Porfírio de Sá Lima. In the Legal Opinions section, we are pleased to present “Works to preserve leased premises, abuse of rights and disruption of normative causation: the Jamaica case”, by the Portuguese professor Diogo Costa Gonçalves. In this issue, we have also chosen to review the book “Biographies and free speech: criteria for the publication of life stories”, by our Executive Editor Prof. Fernanda Nunes Barbosa, reviewed by Vitor Almeida Júnior. In the section selected videos, we recommend “The story of stuff”, by Annie Leonard; “A political party for women’s equality”, by Sandi Toksvig, and “The art of being yourself”, by Caroline McHugh. In the commentaries of jurisprudence, we feature Rodrigo da Guia Silva, with ” Outlines of Unfair Enrichment and Civil Liability: a Study from the Difference Between Intervention Profits and Ceasing Profits”, and João Quinelato de Queiroz, with ” The applicability of the Internet Brazilian Act (Marco Marco Civil da Internet) on the civil liability for the use of protected content on the Internet: Comments on the REsp 1.1512.647-MG / STJ”. Have a nice reading!
Vol. 5 No. 1 (2016)

Reaching the fifth year since its first issue, ||civilistica.com brings to the reader a novelty in its process of internationalization. From this issue onwards, we now count on the participation of an International Editor, Prof. Maria Cristina de Cicco, who is an Associate Professor at the Università degli studi di Camerino, in Italy. For the first time, in the reviews section, we present a title written by a foreign author, through the review elaborated by Thiago Junqueira to the book by Luís Poças, “O dever de declaração inicial do risco no contrato de seguro” (“The duty of initial declaration of risks in an assurance contract”). In Contemporary Doctrine, we open with a most valuable contribution by Eugênio Facchini Neto in the field of civil liability, “Relativation of Causality Nexus and the Responsibility of the Smoking Industry: Acceptance of the Logic of Probability”, followed by the article by Carlos Edison do Rêgo Monteiro Filho, “Hermeneutical subversion: the Amnesty Committee Law and the Constitutionalization of Private Law”, which questions the constitutionality of article 16 of Law n. 10.559/02, in its limitation to damages concerning the person to whom judicial amnesty has been granted, in the light of the human dignity principle. Among invited publications, we are also honored by the contribution by Noel Struchiner and Ivar Hannikainen, “The Unbearable Lightness of Being: Dwarf-Tossing and the Concept of Human Dignity through the Lenses of Experimental Philosophy”. In the general theory of Private Law, Eduardo Nunes de Souza, in an article co-written with Rodrigo da Guia Silva, brings an important contribution to the study of the invalidity of legal acts, in “Autonomy, Discernment and Vulnerability: a Study on Legal Acts’ Invalidities in the Light of the New Incapacities System”. Once more in the civil liability field, two other articles compose this number: one by Ana Frazão, “Business Risk and External Fortuitous Event”, and another by Marcos Ehrhardt Jr. and Uly de Carvalho Rocha Porto, “Loss of a Chance and its Treatment in Brazilian Law”. In the iura in re field, Marcus Eduardo de Carvalho Dantas defends that every ad usucapionem possession is always and necessarily an unjust possession, what doesn’t mean the abandonment of the moral dimension existing in the qualification of the possession of the acquirer, in the article “Every Ad Usucapionem Possession is an Unjust Possession”. In the field of family law, we publish in this issue, by Ana Carla Harmatiuk Matos and Paula Aranha Hapner, “Multiparenting: an Approach from National Decisions”; by Débora Gozzo and Wilson Ricardo Ligiera, “Surrogate Motherhood and the Legal Gap: Range of Problems”; and by Simone Tassinari Cardoso, “Notes About Biological and Socioaffective Kindship: Private Law – From Modern to Contemporary Worldview”. Closing the section, we bring an article by Maria Cristina Cereser Pezzela and Rafael Nery Torres, “Civil Law Concepts in the People’s Republic of China: Towards a Civil Code: Between History and Comparative Perspective”, which contributes with a comparative perspective to this issue. In Foreign Doctrine, we must highlight the article by Silvia Zorzetto, “La legge nel tempo: un’analisi teorica a partire dalla Lei de Introdução às Normas do Direito Brasileiro”, and the contribution by Diogo Costa Gonçalves, a profound analysis of the legal entity in Brazil, with the work “Contribution To The Study of Legal Entity in the Brazilian Civil Law”. In the Translations section, Eduardo Ribeiro Moreira has translated, by Juan Ruiz Manero, “A Tipology of Constitutional Norms”, and in the Legal Opinions section, Prof. Heloisa Helena Barboza presents her analysis on the hard problem of partition of inheritance during the life of the ascendant, with “The legal regime of living partition: validity and effects”. Analysing jurisprudence, we bring, by Filipe Rodrigues Garcia, “The responsibility for acts of minors: comments on the REsp n. 1.074.937/MA”, and by Bruna Lima de Mendonça, “Right to the image x liberty of speech: comments on the REsp n. 1.200.482/RJ”. We have also chosen the title by Bruno Nubens Barbosa Miragem, “Responsabilidade Civil” (Civil Liability), to be reviewed in this issue by Fernanda Nunes Barbosa. Lastly, we would like to pay hommage to Prof. André-Jean Arnaud, member of our Council and a reference in the studies of sociology of law, deceased in December of 2015, when our last issue had already been closed. Have a nice reading!

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