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!