Following Maitland's famous observation on the place of the forms of action in English law at the beginning of the twentieth century, this essay argues that the Code Napoleon has had a similar effect on Latin American law. It examines various factors that have served to bury the Code and those that have served to continue its rule in Latin America. For Latin America, the author paraphrases Maitland to assert that the Code Napoleon we have buried, but it still rules us from its grave.
M C. Mirow,
The Code Napoléon, Buried but Ruling in Latin America
, 33 Denv. J. Int'l L. & Pol'y 179
Available at: http://ecollections.law.fiu.edu/faculty_publications/116