Approach to the constitutionalization of private law

Abstract:

The distinction between public law and private law matters both in the constitutional dogmatic and constitutional procedural, in so far as the guarantees instituted are sufficiently activated to protect their timely exercise. Thus, the true homogenization of criteria as to their applicability is important, with the purpose of interpreting rights and guarantees effectively. To this end, we assess certain rulings that scrutinise understanding of property rights, family law and personal rights in judgments issued by the Constitutional Court in the processes of extraordinary protection action. We also discusssome references from the National Court of Justice in this regard. In this way, we focus on the interpretation made of the constitutional legislation on private law and its correlation with fundamental rights. We carry out a descriptive study, using theoretical methods such as: Exegetical analysis, comparative legal analysis and historical legal analysis. These methods were accompanied by the corresponding bibliographic review techniques.

Año de publicación:

2020

Keywords:

• Public law
• constitutionalization
• PRIVATE LAW
• Civil law
• Property law

Fuente:

scopus