CIVIL GARANTISM

Abstract

This work is located within the legal theory of Luigi Ferrajoli, aims to expose from the perspective of iuspositivism–critical (guarantee), the foundations of civil law, substantive and procedural guarantees, provided incivil systems both substantive and adjective, because in the field of State Civil Private Law underlies a catalog of fundamental rights such as: I. Honour, dignity, credit and prestige; II. The assurance of a private and family life free of violence; III. Respect for the reproduction of the image and voice; IV. Those derived from name or pseudonym, nationality, cultural belonging, filiation, origin and identity; V. The domicile; VI. Aesthetic presence; VII. The affective derived from family, friendship and property; VIII. The respect, safeguarding and protection of physical, psychological and patrimonial integrity, among others; that behave and are treated as rules, not exactly as principles, so they do not necessarily collide day by day in specific cases, the above, by the formal and substantive application of the guarantees (rules, principles and guidelines) that govern civil (commercial) and family matters.