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Outline
I. Introduction
II. The Civil-Law Tradition
III. Codification
IV. Contractual Intent and Third-Party Agreements:
Peruvian and Latin American Perspectives
A. Overview
B. Intent of the Contractual Parties
C. Third-Party Contracts
D. Recapitulation
V. Retroactivity and Punitive Damages in Ecuador
and Latin America
A. For Starters
B. Retroactive Application of Laws: Point and Counterpoint
C. Keeping Civil Punishment in Check
D. Wrap-Up
VI. Conclusion
I. Introduction
The civil-law system shows its true face in Latin America. Certainly, it
sees its blurry contours grow in blurriness as it travels from the Continental
European core to the Latin American periphery. Nevertheless, many of the
principal institutions have found a home and thrived in the new and radically
different environment. In fact, one can best study them, in their modern
globalized form, there, by contemplating how they have preserved their most
basic features despite having transformed themselves into something else.
To a great extent, this legal development mirrors its linguistic
counterpart. The Spanish and Portuguese languages underwent a similarly
dramatic transformation upon crossing the Atlantic Ocean. As currently
internationalized, they exist most clearly and call for examination as they
have developed in the New World.