The transformation of civil Law: Contemporary challenges and fundamental principles

Abstract

This study analyzed the evolution of civil law from a critical perspective, focusing on the fundamental principles of freedom of will, equality before the law, and good faith and their adaptation to contemporary demands. A qualitative approach was used, employing doctrinal and comparative methods to examine legislation, doctrine, and jurisprudence from various jurisdictions. The findings highlighted the permanence of these principles as essential pillars, although their practical application varied by context. In Europe, civil codes demonstrated greater flexibility in addressing emerging challenges such as digital rights and environmental sustainability. At the same time, in Latin America, regulatory gaps were identified in areas such as data protection and electronic commerce. The study also emphasized the importance of state intervention in regulating civil law, particularly in jurisdictions with less developed regulatory frameworks. It concluded that civil law faces the challenge of evolving toward a multidimensional approach that integrates ethical, social, and environmental values, promoting interdisciplinary cooperation and legislative harmonization. These adaptations are essential to ensuring a legal framework that addresses the challenges of a globalized and technologically advanced society, maintaining its relevance as an instrument of justice and equity.