Una aproximación hermenéutica a los conceptos de moral y buenas costumbres contenidos en código civil colombiano

Abstract

The Colombian Civil Code of 1873, influenced by the Code of Bello and adopted by Law 57 of 1887, in some of its articles regulates civil obligations, through the meta-legal expressions “morally possible” and “in accordance with good customs. Such provisions arise as one of the few limits to the autonomy of the will to be bound within the particular legal relationships in the socio-cultural context of the nineteenth-century liberal state, where they are incorporated in most Latin American civil codifications of the time. Given the actuality of the theoretical debate about the introduction of moral content in legal norms and jurisprudence within the neoconstitutional paradigm, through a hermeneutical historical study and an integrative method, we analyze different theoretical and doctrinal positions, their interpretation over time, the consequences of their implementation in the resolution of the matters regulated by these expressions and their assessment in the light of the constitutional norm and the new forms of judicial interpretation.