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Böhlau Verlag Yearbook

Jahrbuch für Geschichte Lateinamerikas – Anuario de Historia de America Latina

Ed. by Duve, Thomas / Hensel, Silke / Mücke, Ulrich / Pieper, Renate / Potthast, Barbara

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Volume 38, Issue 1


Del derecho colonial al derecho nacional: el caso de Guatemala

Jorge Luján Muñoz
Published Online: 2013-12-19 | DOI: https://doi.org/10.7767/jbla.2001.38.1.85


This article deals with the process that transformed colonial legislation in Guatemala into a national legal system. It is centred on the two liberal attempts of legal modernisation following Independence. The first was in 1832-37, with the adoption of the criminal law system written in 1826 for the State of Louisiana by Edward Livingston (1764-1836), but which was rejected there. The famous radical liberal ideologist, José F. Barrundia, translated the five parts into Spanish, which were then approved by the State of Guatemala Legislature in 1836; but because of the reaction against the reform was indefinitely postponed the next year. The second attempt, which was successful, took place between 1874-1881, with the subsequent approval of the civil, criminal, commercial codes, and the respective procedure codes, the military and the fiscal codes. During the predominance of the conservative party (1838-1871), part of the colonial legislation was restored, which was so complex and even contradictory, that it was required publishing various legal compilations, buy no modern codes were approved.

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Published Online: 2013-12-19

Published in Print: 2001-12-01

Citation Information: Jahrbuch für Geschichte Lateinamerikas, Volume 38, Issue 1, Pages 85–108, ISSN (Online) 2194-3680, ISSN (Print) 1438-4752, DOI: https://doi.org/10.7767/jbla.2001.38.1.85.

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© 2013 by Böhlau Verlag GmbH & Co.KG. This content is open access.

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