Manuel Durán y Bas
Encyclopedia
Manuel Durán y Bas was one of the leading Spanish
jurists of his generation and served as Spanish Minister of Justice
in 1899.
in 1852, was appointed to the chair of commercial law there in 1862 and served as the university's rector in 1896. As a renowned advocate, he represented the interests of the preeminent Catalan
families and served on the boards of many academic and commercial institutions.
In 1863, Durán y Bas was elected as a member of the Spanish Congress for the province of Barcelona and obtained reelection in 1865, 1879 and 1884. In 1886 he entered the Senate as a representative of the Barcelona Economic Society, and was named senator for life in 1891. From March 4 to October 25, 1899, he served as Minister of Justice in the cabinet of Francisco Silvela.
's "historical" school of thought, maintaining that law ought to be a reflection of the "national spirit" as established in local customary law. Accordingly, he opposed the "philosophical" school dominant in 19th century Spain which sought to unify and codify the national law based on the principles of rationalism
and natural law
.
Although politically opposed to the unifying codification of Spanish law, he was a leading contributor to the 1888 Código civil
. By compiling a list of the institutions of Catalan law that would continue to apply as exceptions under the new Civil Code, he helped to preserve the wealth and influence of Catalonia's leading families, whose advocate he was. His 1888 Memoria restating the law of Catalonia caused a lasting revival of Catalan law.
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
jurists of his generation and served as Spanish Minister of Justice
Ministry of Justice (Spain)
The Ministry of Justice is one of the ministries in the Government of Spain. The ministry has its headquarters in Madrid.This Ministry has the following competences:...
in 1899.
Life
Durán y Bas graduated with a doctorate in law from the University of BarcelonaUniversity of Barcelona
The University of Barcelona is a public university located in the city of Barcelona, Catalonia in Spain. It is a member of the Coimbra Group, LERU, European University Association, Mediterranean Universities Union, International Research Universities Network and Vives Network...
in 1852, was appointed to the chair of commercial law there in 1862 and served as the university's rector in 1896. As a renowned advocate, he represented the interests of the preeminent Catalan
Catalan people
The Catalans or Catalonians are the people from, or with origins in, Catalonia that form a historical nationality in Spain. The inhabitants of the adjacent portion of southern France are sometimes included in this definition...
families and served on the boards of many academic and commercial institutions.
In 1863, Durán y Bas was elected as a member of the Spanish Congress for the province of Barcelona and obtained reelection in 1865, 1879 and 1884. In 1886 he entered the Senate as a representative of the Barcelona Economic Society, and was named senator for life in 1891. From March 4 to October 25, 1899, he served as Minister of Justice in the cabinet of Francisco Silvela.
Impact on Spanish law
Durán y Bas adhered to SavignyFriedrich Carl von Savigny
Friedrich Carl von Savigny was one of the most respected and influential 19th-century jurists and historians.-Early life and education:...
's "historical" school of thought, maintaining that law ought to be a reflection of the "national spirit" as established in local customary law. Accordingly, he opposed the "philosophical" school dominant in 19th century Spain which sought to unify and codify the national law based on the principles of rationalism
Rationalism
In epistemology and in its modern sense, rationalism is "any view appealing to reason as a source of knowledge or justification" . In more technical terms, it is a method or a theory "in which the criterion of the truth is not sensory but intellectual and deductive"...
and natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
.
Although politically opposed to the unifying codification of Spanish law, he was a leading contributor to the 1888 Código civil
Código Civil
The current Portuguese Civil Code was approved in November, the 26th, 1966 and entered into force in June, the 1st, 1967.Its text was prepared by a Commission of Professors of Law which in its final phase was presided and substantially changed by Professor Antunes Varela reason why it is often...
. By compiling a list of the institutions of Catalan law that would continue to apply as exceptions under the new Civil Code, he helped to preserve the wealth and influence of Catalonia's leading families, whose advocate he was. His 1888 Memoria restating the law of Catalonia caused a lasting revival of Catalan law.
Partial bibliography
- Estudios económicos (1856)
- Consideraciones sobre la historia de la ciencia del derecho (1863)
- Memoria acerca de las instituciones del derecho civil de Cataluña (1883)
- Escritos. Primera serie. Estudios jurídicos (1888)
- La escuela jurídica catalana (1891)
- Escritos. Segunda serie. Estudios sociales, morales y económicos (1895)