Vol. 12 No. 2 (2023)

					View 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!

Published: 2023-09-30

Contemporary doctrine