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Books

BOOKS IN ARGENTINA

 

Civil and Commercial Code. Complementary Legislation
(Código Civil y Comercial de la Nación. Legislación complementaria)
Presentation by Ricardo L. Lorenzetti, president of the Reforms Commission (decree 191/2011)
Publishing house (in spanish): Thomson Reuters La Ley
Year 2015

The goal of this brief introduction is to offer a first guide for legal technicities in order to make the Civil Code easier to read, which will be surely studied in depth by the doctrine and specialized jurisprudence and spread to its addressees, the people, to whom this Code is destined to. (Fragment of the presentation)

 

 

Civil and Commercial Code. Commented
(Código Civil y Comercial de la Nación. Comentado)
Director: Ricardo L. Lorenzetti
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2014

This piece has the enormous responsibility of providing readers with one of the first interpretations of the Nation’s Civil and Commercial Code, recently approved by law 26.994. The idea was to elaborate, with the participation of relevant jurists, a piece that allows professionals to study and understand the changes introduced by the New Code. (Fragment of the presentation)

 

 

Environmental Law
(Derecho Ambiental)
Co-writer: Pablo Lorenzetti
Publishing house (in spanish): Rubinazal-Culzoni Editores
Year 2018

First Part – The state of Enivronmental Law. The environmental paradigm. Utopic and analytical phase. Nature as a scarce resource. Second Part – Environmental Law. Legally protected goods. The legally protected environmental good. The environment and the actions/claims. Nature as a subject. Principles and directives. Principles of prevention and precaution. Legal qualification. Application of the principle. The balance between risks and benefits. Paradigmatic changes. The environmental function. Water and landscape regulations. The case of the Atuel River. Brasilia Declaration by Judges on Water Justice (The ten principles Declaration). The landscape: a challenge in the legal theory of Environmental Law. Third part – Environmental law and its application. The volunteer application. The civil responsibility system on environmental damage. The sentence. Collective sentence’s characteristics. Atypical rulings. The constitutional problem. Annex: relevant rulings in Comparative Law.

 

Treaty of contracts – General Part
(Tratado de los contratos – Parte general)
Third edition, extended and updated with the Nation’s Civil and Commercial Code
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2018

Contract theory. Conceptions regarding the contract, the basis of contractual obligations and the contract model. Institutions. Public order and contractual function. Constitutional protection of the contract. Principles applicable to contracts. The functions of contract law. How to resolve contract cases. Dogmatic of the contract. Concept. Elements of the concept. Structure. Function. Unitary and systemic theories. Normative hierarchy in contract regulation. Classification of contracts. The formation of the contract: consent. The manifestation of will. The offer. The acceptation. The moment when the contract is perfected. Contractual obligation without consent. Negotiation: agreements to negotiate and pre-contractual liability. Agreements to negotiate a contract. The pre-contractual liability. Items and defects of consent. Argument structure. Ability to hire. Defects of consent. The injury. Object and content. Validity of the object. Legal rules referring to the object. The cause. The form. The proof. Means of proof. The burden of proof. Interpretation, qualification and integration of the contract. Delimitation of the subject. The interpretive act and its rules. Subjective effects of the contract: parties, third parties, contractual connection, third party actions. Contractual part. Representation. Universal successors. The revision and the frustration of the contract. Theoretical foundations of the revision. The revision of the contract based on the frustration of the goal and the abuse of rights. Inefficiency and extinction. Structural inefficiency. Functional inefficiency. Effects against third parties: unenforceability. End of contract. The contractual responsibility. Non-contractual liability. Post-contractual liability. Damage caused to the contract or by the contract. Special Modalities. Effects of bilateral contracts and onerous contracts. The commission pact and the resolution. The obligation of sanitation in onerous contracts. Contracts signed for membership and consumption. Differentiation from the general type of contracts: discretionary and consumer contracts. Contracts concluded by accession. Collective and “diffuse” contracts.

 

Collective Justice
(Justicia colectiva)
Second edition: extended and updated
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2017

The collective conflict. Typicity The collective process. Notion, characters, fundamentals, objectives. Creation of the Public Registry of Collective Actions. Elements. Need for the existence of a “case.” Rights over individual and collective legal assets/goods. Rights on homogeneous individual interests. Jurisprudential Evolution and Comparative Law. Legitimation. Collective judgment. Conflict. Process. Judgment. The ruling on homogeneous individual interests and collective assets. The constitutional issue. Provincial legislation. The consumer relations’ regime (law 26,361). The actions. Procedural regime. Casuistry.

 

Doctor’s civil responsibility
(Responsabilidad civil de los médicos)
Second edition: extended and updated
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2016

Volume I: Part One – Changes: Changes in medicine and responsibility. The new issues of professional responsibility. The situation in Brazil. Second Part – The rights of patients: Fundamental rights of the patient. The intimate sphere of the person and the medical activity. The rule of autonomy. The right to personality protection. The beginning of life. Casuistry. The right to freedom and the right to refuse treatments. Right to life, health and health benefits. Right to information and informed consent. The duty to inform. Responsibility for not complying with the duty of obtaining informed consent. Privacy, confidentiality, security in the medical relationship. Right to sexual identity. Rules for solving difficult cases. Third Part – The legal relationship between the doctor and the patient: The professional. Characters of the doctor-patient bond. Different assumptions of legal relations derived from medical activity. Generic elements and characters of the doctor-patient contract. Qualification of the doctor-patient contract. The professional services contract. Insufficiency of legal regulations and doctrinal approaches. The doctor-patient contract as a service contract. The purpose of the professional services contract. The regime of the Nation’s Civil and Commercial Code. The obligations caused by the service contract. Casuistry. Fourth Part – The doctor’s civil responsibility: Scope of responsibility. Contractual or “aquiliana” liability. Extra-contractual assumptions. Foundations given by the doctrine. The unlawful conduct.

Volume II: The medical guilt. The notion of imputability. The malice. The guilt. The problem of means and result obligations. The regime of the Civil and Commercial Code. The rules of conduct in medical activity: the specific judgment of guilt. The rules of conduct. Casuistry: specific duties. The guilt, the error and the risk of the benefit. Illness and error as benefit risks. Theory of the risks of the benefit. The wrongful error in the risk-benefit balance. The technical error. The economic risk. Summary of the applicable rules. Guilt and secondary duties of conduct. Objective imputation in medical liability. The causal link. Disclaimers. The prescription. The proof. General theory of distribution of the burden of proof. The rule of distribution of the burden of proof in medical liability. Means of proof. Clinic history. Anesthetic report. Conflicts between supporting documents: primacy of those who left the sphere of control. Medical expert. Cases. Part Five – Medical responsibility in specialties: Cases and specialties. Anesthetists. Surgeons. Blood, hemotherapist, banks and disease transmission. Anatomopathologist. Alternative medicine. Experts’ responsibility. The coroner. The doctor hired for exams. Otolaryngologist. Oncologist. Cardiologist. Resident doctor. Doctor on call. Medical emergency. Clinic Director. Nurses and health workers. Radiologist and radiologist technician. Pediatrician. Gynecologist. Phlebologist. Ophthalmologist. Traumatologist. Part Six – Modifying Medicine: Modifying Medicine: Aesthetic, Behavioral, Genetic. Hypothesis of modifying medicine. Cosmetic surgery. Sterilization. Casuistry.

 

Fundamentals of private law: the Nation’s Civil and Commercial Code
(Fundamentos de derecho privado: Código Civil y Comercial de la Nación Argentina)
Publishing house (in spanish): Thomson Reuters La Ley
Year 2016

The purpose of this book is to highlight the fundamentals that inspired the Civil and Commercial Code. The reading and interpretation of the specific rules of this Code do not present significant difficulties for those who have followed Argentina’s recent years of doctrine and jurisprudence. The focus will be put on the commentary of the principles and values that have inspired it. The interpretation of a Code is the interpretation of a system, which implies that, in order to establish the meaning of an article, it is necessary to relate it to the others. One of the most notorious hermeneutical defects is, precisely, to read a rule without understanding its systemic meaning or, even worse, to understand it based on the categories of the previous system that have been altered. On the other hand, this book is also addressed to foreign doctrine and comparative analysis, in which the description of the system is essential.

 

 

The art of making justice. The intimacy behind the Argentine Supreme Court’s most difficult cases
(El arte de hacer justicia. La intimidad de los casos más difíciles de la Corte Suprema)
Publishing house (in spanish): Sudamericana
Year 2014

What is it like to do justice in Argentina? What happens behind the doors of the Palace (Palacio de Tribunales)? How are the most delicate rulings solved? This book began with the idea of ​​answering those questions and exposing the work of the Supreme Court to the citizens, to those who are not lawyers or don’t know the language of law. But it ended up becoming something bigger. Based on important cases, the book analyzes the conduct of diverse, multicultural societies, the articulation of conflicts and consensus, the protection of freedom of expression, the ability to freely decide our lifestyles, the debate on equality of subsidies or opportunities, social exclusion, environmental protection and the rule of law. Ricardo Lorenzetti, president of the Supreme Court from 2004 to 2018, narrates in this book, in a kind, “easy-to-read” language, with few (if not any) legal terms, and in the first person, the unknown details of the most complex cases that the Argentine Justice had to face in the last years and that gave birth to a rereading of the Constitution, facing the most acute problems of our society. The book shows the debates inside and outside the Court and marks the great guidelines of the 21st century’s new cycle of governance.

 

Collection Maximum Precedents – Supreme Court of Justice. Civil Responsibility
(Colección Máximos Precedentes – Corte Suprema de Justicia de la Nación. Responsabilidad Civil)
Director: Ricardo Lorenzetti
Publishing house (in spanish): Thomson Reuters La Ley
Year 2013

Volumes I, II, III and IV. 1603 pages. Civil liability functions – Civil liability orbits – Civil liability, its characteristics – Quantification of damages – Compensatory actions – Special part – Liability for the act itself – Liability for the act of the dependent – Liability for damages caused by risk – Traffic accidents – Sports and entertainment accidents – Responsibility of parents – Responsibility in educational establishments – Responsibility in transport- Damages in neighborhood relations – Medical responsibility, welfare establishments and social and prepaid works – Damage and mental health – Lawyer’s responsibility – Notary’s responsibility – Damage in family and de facto relations – State responsibility – Environmental damage – Damage in consumer relations – Responsibility of financial entities.

 

The medical enterprise
(La empresa médica)
Second edition, extended and updated
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2011

The organization of medicine. Regulation and deregulation. Between fundamental rights and company activity. The administration of the disease as a risk. Indirect providers: regular health (obras sociales), prepaid medicine, health insurance and contractual networks. Regular medical insurance. Prepaid medicine. Medical benefit networks. Medicine and market. Direct providers. Contract between doctors. The medical team performance. What is a team? Civil responsibility. Casuistry. The dependent professional. Responsibility for services. Responsibility of the medical company caused by doctors and auxiliaries. Responsibility for the company’s work. Casuistry. Responsibility of specialized clinics. Product liability. General features. Medicines and hazardous waste. Duties of the patient towards the doctor. Insurance against civil liability of the doctor and clinics.

 

Human rights: justice and reparation
(Derechos humanos: justicia y reparación)
Co-writer: Alfredo Jorge Kraut
Publishing house (in spanish): Sudamericana
Year 2011

The trial of those responsible for crimes committed during the last military dictatorship marks a unique commitment towards truth, justice and memory. The determining legal element in the opening of this process is the notion of “crimes against humanity”, an exceptional figure in criminal law that allows us to declare that these crimes do not prescribe and cannot be amnestied or pardoned. In these pages, Ricardo Lorenzetti and Alfredo Kraut explain the scope of the concept, illuminate the path that Argentina has been following to end impunity and review the sentences that support the imprescriptibility of crimes against humanity and the unconstitutionality of the laws of amnesty and pardons.

 

Environmental Law and damage
(Derecho Ambiental y Daño)
Publishing house (in spanish): La Ley
Year 2009

General theory of environmental civil responsibility (Néstor A. Cafferatta). Damage prevention and inhibitory protection in environmental matters (Adela Seguí). The active and passive causal legitimation (María Cristina Garros Martínez). The causal link in environmental damage (Fernando Alfredo Sagarna). Environmental damage. Requirements (Edgardo Ignacio Saux and Enrique Carlos Müller). The collective moral damage. The current problem (Jorge Mario Galdós). The damage to cultural property (Gonzalo Sozzo). The assessment of environmental damage (Enrique O. Peretti).

 

 

Consumers
(Consumidores)
Second edition: updated
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2009

General part. Consumer Law. Constitutional protective law. Vulnerability and protective public order. The vulnerability of the consumer as a presumption. Sources and future of consumer law. Relations with other disciplines. The future of consumer law. Consumption relation. Consumer rights. Argentine Law. Scope of application of the “consumption relationship” (relación de consumo). The rights of the consumer. Previous deals, business practices, marketing, advertising, information. Commercial practices and marketing. Advertising. The duty to inform. Pre-contractual liability, contract improvement, interpretation, administrative control of contracts. Pre-contractual liability in consumer contracts. Conclusion of the contract. The interpretation of the contract. Public and collective control. Special part. Contractual protection. The discipline of abusive clauses. Abusive clauses in particular. Contracts in particular. The sale of consumption. The time sharing contract. Travel services. Private medicine. Credit protection and bank contracts. Consumer credit. Savings programs (círculos de ahorro). Liability for damages. Autonomy and scheme of the responsibility system. Areas of responsibility in Argentine law. The action of article 40 of law 24.240. Preventive guardianship. Special cases. “Punitive damages.” “Direct damage.” Public services. Protection instruments. Guardianship procedural, administrative and collective. Consumer associations. Consumer arbitration. Consumer education.

 

 

Theory of Environmental law
(Teoría del Derecho Ambiental)
Publishing house (in spanish): La Ley
Year 2008

This is the first work that establishes the theory of environmental law. It seeks to install a space for reflection on the current state of our conceptual tools, in order to know if what we do every day is suitable for the purposes we pursue. Issues covered by the work: The environmental paradigm – Environmental law – Environmental risks: Prevention and precaution – Compliance with environmental standards – Processes on collective goods – Prevention- Re-composition – Reparation – Mandates not to innovate and innovate.

 

 

Theory of the judicial decision – Law fundaments
(Teoría de la decisión judicial – Fundamentos de derecho)
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2005

Part One – The era of disorder. The phenomenon of decoding. The rise of microsystems. Crisis of the legal notion of people and citizens. The militant jurist of partial truths. The discredit of the law. The crisis of the general part of Civil Law. The creation of “legislative competition markets”. Diversification of the legislative product and uncertainty. The complex causalities. Hermetic legal interpretation. Second Part – The Law system: The rule of recognition. The sources. The Constitution. The treaties. Custom. Pluralism of sources and jurisdictions. Fundamental rights and institutional norms. Principles and values. Substantive and procedural guarantees. Degrees of effectiveness. The distinction between operational and programmatic standards. Third Part – The judicial decision. Scheme of judicial reasoning. The debate on the judicial decision. The consequentialist analysis. Conflicts between rules and principles. Differences between rules and principles. Conflicts between rules. Conflicts between principles. The argument in cases with competitive principles. Fourth Part – Paradigms for the decision. Relationship of the paradigms with the decision. The paradigm of access to primary legal assets. The Law focused on access. Excess in access. Characteristics of legal norms that guarantee access. The protective paradigm. Evolution of the protective principle. The guardianship of the person. The protection of the individual through fundamental rights. Limits and criticisms of the protective paradigm. The collective paradigm. Theory of collective goods, collective action and groups. Collective contracts and contractual connection. The collective civil responsibility. The consequentialist paradigm. From the isolated individual to the situated individual. The paradigm of the State of Law. Decentralization of power. The power and its limits. Limit to political power: State of law. Limit to majorities: State of Law. Limits to private power. The environmental paradigm.

 

Service contracts for consumers
(Contratos de servicios a los consumidores)
Co-writer: Cláudia Lima Marques
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2005

Part One – General theory of the contract and services: A systemic theory of the contract, by Ricardo Luis Lorenzetti; The offer and appearance. Acceptance based on trust, by Ricardo Luis Lorenzetti; Long-term contracts, by Ricardo Luis Lorenzetti; Contracts for work and services, by Ricardo Luis Lorenzetti; The proposal of a general theory of services based on the Consumer Defense Code. The evolution of the obligations related to the services paid directly or indirectly, by Cláudia Lima Marques. Second Part – Health services: Direct and indirect responsibility of the company for medical services, by Ricardo Luis Lorenzetti; Solidarity in illness and death: the need for “affirmative actions” in health plans and funeral plans contracts with the elderly, by Cláudia Lima Marques. Third Part – Banking services: Bank contracts in postmodern times. First reflections, by Cláudia Lima Marques; Credit agreements in Brazilian consumer protection legislation, by Cláudia Lima Marques; Banking services and the information association, by Cláudia Lima Marques; Some observations on over-indebtedness and consumer credit protection, by Cláudia Lima Marques; Consumer financing, by Ricardo Luis Lorenzetti. Fourth Part – Internet Services: Consumer protection rules (especially in electronic commerce) from the European Union and the example of their systematization in the German Civil Code of 1896. News about the profound changes in the BGB in order to include the figure of the consumer, by Cláudia Lima Marques; Time-sharing contracts in Brazil and consumer protection: criticism of Civil Law in postmodern times, by Cláudia Lima Marques.

 

Civil and Commercial Contracts
(Contratos civiles y comerciales)
Collection of jurisprudential analysis
Publishing house (in spanish): La Ley
Year 2005

Chapter I: Scope of the contract concept. Freedom to hire and not hire. Chapter II: Consent between absents. Chapter III: Duty of information before the Consumer Law. Duty of information in the Consumer Law. Duty of information and duty of security. Value of advertising in the Consumer Law. Chapter IV: Contracts concluded by fraud. Pre-contractual liability. Chapter V: Obligation to write. Chapter VI: Interpretation of contracts. Chapter VII: Autonomy of the will. Limits. Chapter VIII: Abusive Clauses. Consumer protection. Chapter IX: Sign. Frustration of the end of the contract. Chapter X: Redhibitory Vices. Vices, eviction, non-compliance. Chapter XI: Buying and selling in country houses and closed neighborhoods. Country clubs. Chapter XII: Form of the transfer of hereditary rights. Chapter XIII: Unilateral termination in duration contracts. Unilateral termination in distribution contracts. Distinction between agency contract and distribution contract. Chapter XIV: The nullity of rentals’ repowering. Validity of agreement in graduated rentals. The executive route or “vía ejecutiva” and its ability to charge any concept that derives from rent. Absence of relocatio tacita or implicit relocation. Continuation of the previous contract. Chapter XV: Educational contracts. Medical liability. Chapter XVI: Informatics contracts. Chapter XVII: Responsibility of the tourism entrepreneur. Transport. Chapter XVIII: Remuneration right in the brokerage contract. Apparent Mandate. Difference between mandate and location of services or work. Chapter XIX: Responsibility of the bank and credit card issuer. Chapter XX: Leasing contract. Chapter XXI: Trust. Deposit in the location. Chapter XXII: Liability of banks for robberies in safe deposit boxes. Chapter XXIII: Form of the donation. Revocation of donations for non-execution of charge.

 

Treaty of contracts – General Part
(Tratado de los contratos – Parte general)
Second edition: extended and updated
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2004

Theory of the contract. Conceptions about the contract, about the basis of the contractual obligation and about the contract model. Institutions, public order and contractual function. Constitutional protection of the contract. Dogmatic contract. Concept. Classification. The formation of the contract: consent. Negotiation: agreements to negotiate and pre-contractual liability. Characteristics and defects of consent. Object and content. The cause. The shape. The proof. Interpretation, qualification and integration of the contract. Subjective effects of the contract: Parties, third parties, assignment of the contractual position, actions of third parties. The review and the frustration of the contract. Inefficiency and extinction. The contractual responsibility. Special Modalities. Effects of bilateral contracts and onerous contracts. Membership and consumption contracts. Related contracts. Long-lasting contracts. Collective contracts.

Volume I: Introduction. Common elements of the special part of contracts. The type and the atypical feature. Contractual networks. Long term contracts. Consumer and membership contracts. Exchange contracts referring to things. Buy-sell contract. The swap. Procurement contracts. Distribution contracts. Common elements. Agency agreement. Concession Contract. Franchise Agreement. Consumer hyper centers (shopping center). Savings programs for the acquisition of goods.

Volume II: Transmissivity contracts. Cession of rights. Factoring contract. Management collaboration contracts. The mandate. Representation. Commission, brokerage, professional agents. Contracts for transfer of use. Location of things. Use transfer contracts. Special sections. Leasing. Construction and services contracts. Job, services and works. Professional service contracts. Construction contract.

 

 

Consumers
(Consumidores)
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2003

Consumer science travels through an atypical singularity because it has been built along laborious struggles to obtain particular statutes, which raises a number of problems: its name, the elaboration of a general theory, its classification as a system, its relationship with other branches of the system. For this reason we will not make an exegetical comment of a special law, which is a very limited methodology, but we will present a systematic approach of the subject. (Part of the Introduction)

 

 

 

Contracts – Special Part
(Contratos – Parte especial)
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2003

Volume I: Common elements of the special part of contracts. The type and the atypical features. Contractual networks. Long term contracts. Consumer and membership contracts. Exchange contracts referring to things. The sale. The swap. Procurement contracts. Distribution contracts. Common elements. Distribution contract. Agency agreement. Concession Contract. Franchise Agreement. Consumer hypercenters (shopping center). Savings programs for the acquisition of goods. Transmission contracts. Cession of rights. Factoring contract. Management collaboration contracts. The mandate. Commission, brokerage, professional agents. Contracts of usage transfer. Location of things. Contracts of usage transfer. Special sections. Leasing Agreement.

Volume II: Construction and services contracts. Jobs, services and works. Professional services contracts. Contract of construction of material works. Contracts on intellectual rights. Contracts on industrial property rights. Contracts for advertising purposes. Sponsoring contract. Medical contracts. Private or prepaid medicine. Business collaboration contracts. The trust. Credit and financial contracts. Warranty Contracts. Random recreation and forecasting contracts. Free contracts. Contracts for custody purposes. Contracts for declarative or extinctive purposes. The economic emergency and the change of the monetary regime.

 

 

Economic emergency and contracts
(La emergencia económica y los contratos)
Second edition: extended and update
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 2002

The currency. The change of rules. The constitutionality of norms in a state of economic emergency. Deposits retention due to an emergency. Obligation of giving sums of money. Debts special regime, previous to law 25.561. Obligations and foreign currency. Contract revision. Buy-sell, location, interests and compensation debts. Protection of the consumer and of the over-indebted debtor. Arguments, cases and problems regarding the constitutionality of emergency norms, obligations and contracts.

 

 

Electronic commerce
(Comercio electrónico)
Publishing house (in spanish): Abeledo Perrot
Año 2001

The first generation of books regarding the Internet accomplished its task by describing the amazement: presentations about the digital world, introductions to technology, guides to a happy world, design of a new utopia. There was an excess of visibility: it seems that the image, the game, the “virtual” navigation had drawn the attention the same way the first admirals were drawn to the sea. Nowadays, this type of approach is insufficient because we must broaden the spectrum, show the comedic aspect behind playing and walking on the Internet, but also the “tragedy” of the conflict, social control, the economic functioning of the network. In short, we must study seriously and take care of the complexity and interrelation between autonomous microsystems. (Fragment of the introduction)

 

 

Digest of damages
(Digesto de Derecho de Daños)
Publishing house (in spanish): La Ley
Year 1999

The criterion regarding this matter is exclusively practical. Therefore, the theoretical issues discussed in the field of general theory of civil responsibility, as well as trends, conflicts, economic and legal analysis, comparative law and systematic aspects haven’t been analyzed in depth. However, care has been taken to expose the main currents of opinion as they show an impact on practice. Therefore, different opinions, which derive from the doctrine and the jurisprudence, are shown in each subject. This work intends to give a current panorama regarding “damages and losses”, with the extension that the concept has in the Argentine Republic. For this reason, the dogmatic elaboration carried out by the doctrine has been divided into twos: a general and a special part. In the general part, which covers the first volume of this work, the so-called “responsibility presumptions” are developed, ordering the material according to those presumptions. Likewise, this criterion is the basis on which the lawsuits and the legal analysis of the sentences are designed, which is why it has been considered appropriate for this work. (Fragment of the Introduction)

 

 

The medical enterprise
(La empresa médica)
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 1998

The medical activity is seen in this work as a “company”. The State, businessmen, doctors, provide benefits in an organized way to individuals. In both cases, whether public or private, organized medical activity faces the problem of scarcity and the medical behavior should be guided by the options. The game between scarcity and the demand for satisfactions, between the economy and constitutional rights, is a very rich and fertile field for research. This work is complementary to the two volumes referred to the doctor’s civil responsibility. In this part, which can be understood as a third volume, the problems of the medical company/enterprise are addressed. (Part of the Preface)

 

 

Doctors’ civil responsibility
(Responsabilidad civil de los médicos)
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 1997

Volume I: First part – The changes. Chapter I: Changes in medicine and responsibility. Second part – Patient rights. Chapter II: Fundamental rights of the patient. Chapter III: The intimate sphere of the person and the medical activity. Chapter IV: The right to freedom and the right to refuse treatments. Chapter V: Right to life, health and health benefits. Chapter VI: Right to information and informed consent. Chapter VII: Privacy, confidentiality, security in the medical relationship. Chapter VIII: Right to sexual identity. Chapter IX: Rules for solving difficult cases. Third part – The legal relationship between the doctor and the patient. Chapter X: The professional. Chapter XI: Characters of the doctor-patient bond. Chapter XII: The professional services contract. Fourth part – The civil responsibility of the doctor. Chapter XIII: Scope of responsibility. Chapter XIV: Unlawful conduct. Chapter XV: Medical Guilt

Volume II: Chapter XVI: The rules of conduct in medical activity: the specific judgment of guilt. Chapter XVII: Guilt, error and risk of benefit. Chapter XVIII: Guilt and secondary duties of conduct. Chapter XIX: Objective imputation in medical responsibility. Chapter XX: The causal link. Chapter XXI: Disclaimers. Chapter XXII: The prescription. Chapter XXIII: The test. Part Five – Responsibility in the medical specialty. Chapter XXIV: Cases and specialties. Sixth part – Modifying medicine. Chapter XXV: Modifying medicine: aesthetic, behavioral, genetic. Appendix: Congresses and conferences on professional responsibility.

 

 

 

The fundamental norms of private law
(Las normas fundamentales de derecho privado)
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 1995

Part One: From decoding to re-systematization – Chapter I: Decoding and recoding. Chapter II: Private law as a guarantee of access to assets/goods. Chapter III: Private law as a limit to power. Chapter IV: Private law as protection of the individual. Chapter V: The paradigm of collective private law. Chapter VI: The public consequences of private law. Second part: The fundamental norms of private law – Chapter VII: The sources. Chapter VIII: Fundamental norms of private law: fundamental rights, institutional rules, principles, values. Chapter IX: Fundamental norms of private law: guarantees of fundamental assets and inhibitory civil protection. Chapter X: Operation, application and limiting function of the fundamental norms. Chapter XI: Systematic, dogmatic and verification tests of the legal decision. Chapter XII: Antinomies, cases and fundamental problems of private law. Third part: Institutions – Chapter XIII: The person and personal individuality. Chapter XIV: The private and social sphere. Chapter XV: Critical analysis of private contractual autonomy. Appendix: The fundamental norms in environmental matters.

 

 

Professional responsibility
(La responsabilidad profesional)
Comment on the reform projects of the Civil Code
Publishing house (in spanish): Abeledo Perrot
Year 1994

Chapter I: Introduction. First part: Comparative chart of the regulation of the so-called “professional responsibility” – Chapter II: Regulation scheme. Current law. Chapter III: The Federal Commission Project. The Commission Project created by the National Executive Power. Comparative summary of issues related to professional responsibility addressed in the projects. Second part: The regulation of professional activity – Chapter IV: Is there a professional responsibility? Chapter V: The professional. Chapter VI: Professional activity as a contract. Third part: The responsibility of the professional – Chapter VII: General rules and subjective imputation. Chapter VIII: Objective imputation. Chapter IX: Burden of proof. Fourth part: The responsibility of the professional company. Chapter X: Professional groups: collective or associative responsibility? Chapter XI: The company. Part Five: Problems of consent – Chapter XII: The right to refuse medical treatments. Appendix

 

 

Responsibility for damages and work accidents
(Responsabilidad por daños derivados de los accidentes de trabajo)
Publishing house (in spanish): Abeledo Perrot
Year 1993

Luis Moisset de Espanés says that the teacher is only a teacher when he has not turned his disciple into a mere reflection of his ideas, when he has encouraged him to follow his own course. At first, I thought it was indifference, but common friends told me how much he supported me without knowing it. Only with time, I perceived the masterful subtlety with which he had guided my steps. Thus, in the distance, I enjoyed his passion to destabilize, to shout in the midst of silence, to create and announce ideas, rather than meticulously develop them. To think, like the Zarathustra of Nietzsche in his children’s country, in the unknown, in the new subjects, rather than in the past. (Fragment of the dedication to Jorge Mosset Iturraspe)

 

 

Consumer Defense
(Defensa del consumidor)
Co-writer: Jorge Mosset Iturraspe
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 1993

Parliamentary procedure of the law No. 24.240 / Rodolfo M. PARENTE, Luis M. GONZALEZ. Comparative chart between law 24.240 and the Alterini-López Cabana-Stiglitz project. Transparency and efficient information / Atilio Aníbal ALTERINI. Consumer information and health protection. Offer and sale conditions. Users of domiciliary public services. Provision of professional services. Home and correspondence sales. Sales operations on credit. Abusive terms and ineffective clauses. Liability due to damages. Procedure and penalties. Transparency and efficient information / Alcides, (Jr.) TOMASETTI.

 

 

Study on the new normative conception of risk created in Argentine law
(Estudio sobre la nueva concepción normativa del riesgo creado en el derecho argentino)
In Damage Law: part two, in homage to Félix Alberto Trigo Represas Félix Alberto Trigo Represas
Publishing house (in spanish): Larroca
Year 1993

What is the concept of risk created in Argentine law? We find a prior and posterior notion after the reform of 1968, and its study reveals a historical segmentation: pre and post law 17,711. It is known that an investigation can be done from the historical or systematic, diachronic or synchronic point of view, whether it is remembering the past or showing the denseness of the present. It is in this last aspect that we are interested in. Investigating and warning how the notion of risk is regulated. Therefore, after a brief historical review, we will show its regulation in the Civil Code and its interpretation. But we will also see the regulation that arises from different types of special laws in order to extract a global concept that results from exhuming the minimum common aspects and the differences between them. (Extract from the chapter written by Ricardo L. Lorenzetti)

 

 

Medical contracts
(Contratos médicos)
In collaboration with Jorge Mosset Iturraspe
Publishing house (in spanish): Larroca
Year 1991

From the romantic fury to the balance of classicism is, perhaps, the evolution of the artist and why not, of art. It wouldn’t be inappropriate to point out a similar item in the ideation process. The first approach to a subject is usually affective, impregnated with prior appraisals; driven by metaphysical passion or personal interest, the approach is usually done with a whole lot of enthusiasm or none of it. After a while, if the healthy spirit of research continues, you can notice the existence of chiaroscuros, relativisms and the impossibility of knowing if you are behind the closed mantle of personal valuations. Piaget teaches that there is an analogy between psychogenesis and the development of science, since the infantile stage of man and knowledge are characterized by subjectivism, due to the belief that everything revolves around one-self and our own perspectives and assessments, which are applied to the matter. Then, in a more mature stage, there is a process of decentralization through which objectivity is present. The so-called medical law has many of these connotations. It is visible to us that, from that iconoclastic fury, of being in favor or against, it is now necessary to find other facets. Hence, our purpose is to discuss the previous stages of responsibility and light up some notions about debt and its complex content. (Fragment of the Foreword)

 

 

The economics of law: guilt and risk
(La economía del derecho: la culpa y el riesgo)
In Liability for damages, in honor of Jorge Bustamante Alsina. Director: Alberto J. Bueres
Publishing house (in spanish): Abeledo Perrot
Year 1990

In this essay, we propose to expose some fundamental aspects of the economic analysis regarding the extra-contractual responsibility. Regarding the subject in general, we refer to the important works that have been published on the matter, especially in foreign law. It is a meta-legal perspective, which establishes relationships with the dogmatic in order to evaluate its efficiency at the time of its application. Consequently, from this we can deduce that the conclusions revealed are not immediately operational, at least if one participates in the hermetic nature of the legal system. This principle, as we shall see further on, has some cracks and it is possible to verify, within the “living law” (or practical law), a certain adoption of economic rules not clearly enshrined in the law. (Extract from the Introduction of the text “The Economics of Law: Guilt and Risk, by Ricardo L. Lorenzetti”)

 

 

Monetary law
(Derecho monetario)
In collaboration with Jorge Mosset Iturraspe
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 1989

1. Economy and law – 2. The national currency: The Austral; 3. The monetary obligation; 4. The foreign currency; 5. The readjustment of monetary obligations; 6. The interest obligation; 7. Law and economics; 8. The monetary analysis; 9. Payment; 10. Currency and contract; 11. The foreign currency; 12. Currency and foreign trade; 13. Currency, devaluation and income; 14. Currency devaluation and insurance; 15. Currency, devaluation and liability; 16. Currency and guarantees

 

 

Collective work conventions
(Convenciones colectivas de trabajo)
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 1988

Is there a collective convention crisis? Many claim that the collective convention can only work in times of economic slack and not in difficult times because it produces inflation. For us, the collective agreement is an instrument to process conflicts; Not a solution in itself. Its value as a social tool depends on many fragments that influence it, which gives the convention different shades according to the times. The reason behind this is that institutions interact with their surrounding context. The crisis is present in the whole current scenario. Let’s see if the convention can manifest properly in that scenario. (Fragment of the Introduction)

 

 

Liability of the doctor
(Responsabilidad civil del médico)
Foreword by Jorge Mosset Iturraspe
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 1986

 

 

 

 

 

 

 

Doctors’ Civil liability and healthcare entities
(Responsabilidad civil de los médicos y entidades asistenciales)
In Damage Law, directors: Félix Trigo Represas and Rubén Stiglitz
Publishing house (in spanish): Larroca
Year 1988

 

Social Law Dictionary
(Diccionario de derecho social)
Directed by Rodolfo Capon Filas y Eduardo Giorlandini
Publishing house (in spanish): Rubinzal-Culzoni Editores
Year 1987

Directed by Rodolfo Ernesto Capón Filas and Eduardo Giorlandini. The work is presented in four volumes: the first, dedicated to the individual work relationship; the second, to professional collective relations with a complement of economic vocabulary; the third, to social security, and the fourth, to administrative and judicial procedures and to international relations.

 

 

 

 

BOOKS IN BRAZIL

 

The art of making justice. The intimacy behind the Argentine Supreme Court’s most difficult cases
(A arte de fazer justiça – A intimidade dos casos mais dificeis da Corte Suprema da Argentina | El arte de hacer justicia. La intimidad de los casos más difíciles de la Corte Suprema)
Publishing house (in portuguese): Revista dos Tribunais
Year 2015

What is it like to do justice in Argentina? What happens behind the doors of the Palace (Palacio de Tribunales)? How are the most delicate rulings solved? This book began with the idea of answering those questions and exposing the work of the Supreme Court to the citizens, to those who are not lawyers or don’t know the language of law. But it ended up becoming something bigger. Based on important cases, the book analyzes the conduct of diverse, multicultural societies, the articulation of conflicts and consensus, the protection of freedom of expression, the ability to freely decide our lifestyles, the debate on equality of subsidies or opportunities, social exclusion, environmental protection and the rule of law. Ricardo Lorenzetti, president of the Supreme Court from 2004 to 2018, narrates in this book, in a kind, “easy-to-read” language, with few (if not any) legal terms, and in the first person, the unknown details of the most complex cases that the Argentine Justice had to face in the last years and that gave birth to a rereading of the Constitution, facing the most acute problems of our society. The book shows the debates inside and outside the Court and marks the great guidelines of the 21st century’s new cycle of governance.

 

 

Prologue “The Global Financial Crisis and The Need For Consumer Regulation: New Developments on International Protection”
(Prólogo en “The Global Financial Crisis and The Need For Consumer Regulation: New Developments on International Protection”)
Asociación de Derecho Internacional Privado (ASADIP) Facultade de Direito da Universidade Federal do Rio Grande do Sul
Publishing house (in portuguese): Orquesta Editora
Year 2012

The choice of this topic for the elaboration of a research book is not only right due to its topicality, but also because it provides an opportunity to reflect on the way in which the law addresses these problems. This second question rises a certain malaise of the facts regarding the theory at different levels. Cases do not conform to the rules, the laws do not provide solutions, the legal theory seems to be uncomfortable and, above all, the legal system lost credibility. (Excerpt from the prologue by Ricardo L. Lorenzetti: Rethinking actions for international consumer protection against the financial crisis)

 

 

General theory of environmental law
(Teoria Geral do Direito AmbientalTeoría general de derecho ambiental)
Publishing house (in portuguese): Revista Dos Tribunais
Year 2010

The legal history of the West was built on the basis of the protection of property and of the person, which left an indelible mark in numerous investigations, which lead to the application of that model of guardianship to a new area: the environment. Throughout this work, we try to demonstrate that this adaptation is incorrect because we are not in the presence of an analogous fact, but a completely different one. Therefore, it requires an appropriate theory … Environmental goods are not mere empirical facts that can be legislated, but they are part of a complex system that motivates its own regulations and classifying orders. All it takes is to observe the international treaties and national laws existing in the world on soils, seas, drinking water, glaciers, flora and fauna, pure air, global warming, species in extinction and others similar to appreciate the insufficiency of the analogy. (Fragment of the Preface)

 

 

Judicial Decision Theory. Law fundaments
(Teoria da Decisão Judicial. Fundamentos de Direito | Teoría de la decisión judicial. Fundamentos de Derechos)
Translation by Bruno Miragem. Translation notes and review: Cláudia Lima Marques
Publishing house (in portuguese): Revista dos Tribunais
Year 2009

This book is the result of an extensive research that arose from the need to understand how current law really works, which is not easy, even if it seems so. Operational analysis is a methodological definition. It is important to conceive it as an instrument to solve problems. For this reason, we’ve dedicated ourselves to study how legal decisions are made, which include those decisions that arise from judges, the Legislative power, the Executive power and also from the intermediate institutions that adjudicate goods. The fact that great judges, philosophers and jurists from numerous countries have dedicated their efforts to this issue shows that it is of the utmost importance. (Fragment of the Introduction)

 

 

Long-term captive services and contracts: studies for a systemic theory of contracts in the civil code of 2002 and in the consumer protection framework
(Serviços e contratos cativos de longa duração: estudos para uma teoria sistemica do contrato no codigo civil de 2002 e no coidgo de defesa do consumidor)
Co-writer: Cláudia Lima Marques
Publishing house (in portuguese): Revista dos Tribunais

 

General theory of the contract
(Teoría general del contrato)
Publishing house (in portuguese): Revista dos Tribunais

 

Electronic Commerce
(Comércio eletrônico | Comercio electrónico)
Translated by Fabiano Menke, with notes by Cláudia Lima Marques
Publishing house (in portuguese): Revista dos Tribunais
Year 2004

The emergence of the digital era raised the need to rethink important aspects related to social organization, democracy, technology, privacy and freedom, and it has been observed that many approaches do not present the theoretical sophistication that such problems require; they are sterilized, erased by rhetoric, ideology and naivety. Opinions seem seduced by novelty. The Supreme Court of the United States demonstrated its admiration for chat sites and websites, defining them as “democratic forums”. Along the same line, other authors have suggested that the Internet is a “democratic paradise”, or even a way of reaffirming the decline of political participation. (Fragment of the Introduction)

 

 

Law and Internet
(Direito e Internet | Derecho e internet)
Directed by Dr. Newton De Lucca
Publishing house (in portuguese): Edipro
Year 2000

Already a long time ago, literature and philosophy anticipated their pronouncements around the naive representation of a technologically developed and democratic world and pointed out the enormous risks in terms of concentration and social control. It seems that novelty and naivety lead to ignore all that cultural baggage and that mistake leads us to ignore that the current trend in the Network is oriented to the creation of large groups that establish alliances, which end up guiding the “navigator” along roads which were are have been marked by predetermined convenience (Excerpt from the chapter “Computer science, Cyberlaw, e-commerce”, written by Ricardo L. Lorenzetti)

 

 

Private law fundaments
(Fundamentos do direito privado | Fundamentos de derecho privado)
Publishing house (in portuguese): Revista dos Tribunais
Year 1998

Ricardo Luis Lorenzetti, Argentine by birth and a universal jurist by vocation, is undoubtedly one of the most stimulating and profound Latin American civilists of today. Lorenzetti is not only the successor in the professorship of Civil and Commercial Law of the brilliant Argentine law professor Professor Jorge Mosset Iturraspe of the University of Santa Fe, but also a person who inherited from this great jurist the global and human vision, both realistic and sensitive. That vision is necessary for the challenges of the science of law and for the needs of today’s society. (Fragment of the Presentation, by Cláudia Lima Marques, year 1998)

 

 

BOOKS IN COLOMBIA

 

Environmental Law theory
(Teoría del Derecho Ambiental)
Co-writer: Pablo Lorenzetti
Publishing house (in spanish): Grupo Editorial Ibáñez
Year 2019

First part. The state of environmental law: Chapter I. The environmental paradigm; Chapter II. The state of environmental law. Second part. Environmental law: Chapter III. The environmental paradigm; Chapter IV Principles and guidelines; Chapter V. Principles of prevention and precaution; Chapter VI Environmental function; Chapter VII. Water and landscape regulation. Third part. The application of environmental law: Chapter VIII. Voluntary application; Chapter IX The civil liability system for environmental damage; Chapter X. Civil liability characteristics; Chapter XI The collective environmental process; Chapter XII Sentence.

 

 

The art of making justice. The intimacy behind the Argentine Supreme Court’s most difficult cases
(El arte de hacer justicia. La intimidad de los casos más difíciles de la Corte Suprema de Argentina)
Publishing house (in spanish): Temis
Year 2015

What is it like to do justice in Argentina? What happens behind the doors of the Palace (Palacio de Tribunales)? How are the most delicate rulings solved? This book began with the idea of answering those questions and exposing the work of the Supreme Court to the citizens, to those who are not lawyers or don’t know the language of law. But it ended up becoming something bigger. Based on important cases, the book analyzes the conduct of diverse, multicultural societies, the articulation of conflicts and consensus, the protection of freedom of expression, the ability to freely decide our lifestyles, the debate on equality of subsidies or opportunities, social exclusion, environmental protection and the rule of law. Ricardo Lorenzetti, president of the Supreme Court from 2004 to 2018, narrates in this book, in a kind, “easy-to-read” language, with few (if not any) legal terms, and in the first person, the unknown details of the most complex cases that the Argentine Justice had to face in the last years and that gave birth to a rereading of the Constitution, facing the most acute problems of our society. The book shows the debates inside and outside the Court and marks the great guidelines of the 21st century’s new cycle of governance.

 

 

Fundamentals of Law and Judicial Reasoning
(Fundamentos del Derecho y Razonamiento Judicial)
Publishing house (in spanish): Pontificia Universidad Javeriana. Grupo Editorial Ibáñez
Year 2011

Presentation (Dr. Carlos Ignacio Jaramillo J.). Foreword (Dr. Fernando de Trazegnies Granda). Introduction: What is this book about? First part. The “disorder” era. Chapter I. The phenomenon of decoding. Second part. The law system. Chapter I. The rule of recognition. – Chapter II. The sources.– Chapter III. Fundamental rights and institutional norms.- Chapter IV. Principles and values. – Chapter V. Substantive and procedural guarantees. – Chapter VI. Degrees of effectiveness. Third part. The judicial decision Chapter I. Judicial reasoning scheme. – Chapter II. The debate on the judicial decision.– Chapter III. The consequentialist analysis. – Chapter IV. Conflicts between rules and principles. Fourth part. Paradigms for the decision. Chapter I. The paradigm of access to primary legal assets/goods. – Chapter II. The protective paradigm. – Chapter III. The collective paradigm. – Chapter IV. The consequentialist paradigm. – Chapter V. The paradigm of the State of constitutional law. – Chapter VI. The environmental paradigm Bibliography.

 

Electronic Commerce 3. Private law institutions
(Comercio electrónico 3. Instituciones de Derecho Privado)
Management: : Ricardo Luis Lorenzetti and Carlos Alberto Soto Coahuila
Publishing house (in spanish):  ARA Ed

 

 

BOOKS IN MEXICO

 

The art of making justice. The intimacy behind the Argentine Supreme Court’s most difficult cases
(El arte de hacer justicia. La intimidad de los casos más difíciles de la Corte Suprema de Argentina)
Publishing house (in spanish): Porrúa
Year 2015

What is it like to do justice in Argentina? What happens behind the doors of the Palace (Palacio de Tribunales)? How are the most delicate rulings solved? This book began with the idea of answering those questions and exposing the work of the Supreme Court to the citizens, to those who are not lawyers or don’t know the language of law. But it ended up becoming something bigger. Based on important cases, the book analyzes the conduct of diverse, multicultural societies, the articulation of conflicts and consensus, the protection of freedom of expression, the ability to freely decide our lifestyles, the debate on equality of subsidies or opportunities, social exclusion, environmental protection and the rule of law. Ricardo Lorenzetti, president of the Supreme Court from 2004 to 2018, narrates in this book, in a kind, “easy-to-read” language, with few (if not any) legal terms, and in the first person, the unknown details of the most complex cases that the Argentine Justice had to face in the last years and that gave birth to a rereading of the Constitution, facing the most acute problems of our society. The book shows the debates inside and outside the Court and marks the great guidelines of the 21st century’s new cycle of governance.

 

 

General theory of environmental law
(Teoría del Derecho Ambiental)
Publishing house (in spanish): Porrúa
Year 2008

The legal history of the West was built on the basis of the protection of property and of the person, which left an indelible mark in numerous investigations, which lead to the application of that model of guardianship to a new area: the environment. Throughout this work, we try to demonstrate that this adaptation is incorrect because we are not in the presence of an analogous fact, but a completely different one. Therefore, it requires an appropriate theory … Environmental goods are not mere empirical facts that can be legislated, but they are part of a complex system that motivates its own regulations and classifying orders. All it takes is to observe the international treaties and national laws existing in the world on soils, seas, drinking water, glaciers, flora and fauna, pure air, global warming, species in extinction and others similar to appreciate the insufficiency of the analogy. (Fragment of the Preface).

 

 

Law fundaments and theory of the judicial decision
(Fundamentos de Derecho y Teoría de la Decisión Judicial)
Publishing house (in spanish): Sista
Year 2008

This book is the result of an extensive investigation that emerged from the necessity of understanding how does law really works, which is not easy, even if it seems so. The analysis based on functioning is a whole new methodological definition, since it is important to conceive it as an instrument to solve problems. That is why we’ve dedicated ourselves to the study of the way in which judicial decisions are made, which include the ones that emerge from judges, the Legislative power, the Executive and also intermediate institutions that adjudicate goods. The fact that great judges, philosophers and numerous jurists from different countries have dedicated their efforts to this subject shows that it is of the utmost importance. (Fragment of the Introduction)

 

 

BOOKS IN PARAGUAY

 

Environmental law theory
(Teoría del Derecho ambiental)
Co-writer: Pablo Lorenzetti
Publishing house (in spanish): La Ley Paraguay
Year 2019

The environmental paradigm acts as an organizational principle of rhetorical, analytical and protective thinking, which is linked to systemic interactions and holistic approaches. Under these premises, a coordination in the operation between the economic, social and natural systems is pursued, as well as a communicability of the principles between Public and Private Law. The goal is to address conflicts that usually arise within the social sphere, which includes public goods and those acts performed by the individual located in the collective action. In these cases, subjective rights are interpreted in such a way that they do not conspire against the integrity of such goods. In the relationship between property rights and the environment, an “environmental function” must be recognized, since the multiplicity of individual rights of the owners must be coordinated, oriented towards the preservation of the collective good. The environmental paradigm conceives nature as a collective good, scarce or in danger, and is willing to limit individual rights. A change in the notion of the rule of law occurs under this approach. The State of Environmental Law incorporates the collective variable and the protection of common goods as a central axis of public policies. On the other hand, legal instruments are also subject to revision and institutes are “environmentalized” such as the theory of property, civil responsibility and the process, among others. It is intended to place the legal systems in tune with the rules of nature in order to achieve greater implementation of Environmental Law.

 

Private law fundaments. Argentine Civil and Commercial Code of the Nation
(Fundamentos de derecho privado: Código Civil y Comercial de la Nación Argentina)
Publishing house (in spanish): Thomson Reuters La Ley
Year 2016

 

The art of making justice. The intimacy behind the Argentine Supreme Court’s most difficult cases
(El arte de hacer justicia. La intimidad de los casos más difíciles de la Corte Suprema de Argentina)
Publishing house (in spanish): Thomson Reuters La Ley
Year 2016

What is it like to do justice in Argentina? What happens behind the doors of the Palace (Palacio de Tribunales)? How are the most delicate rulings solved? This book began with the idea of answering those questions and exposing the work of the Supreme Court to the citizens, to those who are not lawyers or don’t know the language of law. But it ended up becoming something bigger. Based on important cases, the book analyzes the conduct of diverse, multicultural societies, the articulation of conflicts and consensus, the protection of freedom of expression, the ability to freely decide our lifestyles, the debate on equality of subsidies or opportunities, social exclusion, environmental protection and the rule of law. Ricardo Lorenzetti, president of the Supreme Court from 2004 to 2018, narrates in this book, in a kind, “easy-to-read” language, with few (if not any) legal terms, and in the first person, the unknown details of the most complex cases that the Argentine Justice had to face in the last years and that gave birth to a rereading of the Constitution, facing the most acute problems of our society. The book shows the debates inside and outside the Court and marks the great guidelines of the 21st century’s new cycle of governance.

 

Private international law and public international law: a necessary meeting
(Derecho internacional privado y derecho internacional público: un encuentro necesario)
Joint work. Integrates the scientific committee
Publishing house (in spanish): Centro de Estudios de Derecho, Economía y Política (CEPED) and Asociación Americana de Derecho Internacional Privado (ASADIP).
Year 2011

 

 

BOOKS IN PERU

 

Judicial reasoning. Fundaments of private law
(Razonamiento judicial. Fundamentos de Derecho Privado)
Prologue: Fernando de Trazegnies Granda
Publishing house (in spanish): Editorial Jurídica Grijley
Year 2006

Latin American integration has been our men and women’s dream throughout history. Beyond the illusions and frustrations, the truth is that there are some fields where we have advanced significantly and the legal area is one of those fields. The ties between the Peruvian and Argentine legal community are a clear example of that community. Many years have passed since this exchange began, which has lasted through different generations and is now noticeably intensified. For that reason, the publication of this book in Peru has a special significance for me, since it is another step in this historical continuity. It is the opportunity to present my concerns to Peruvian friends about the problematics of private law and its new profiles. (Fragment of the Preface to the Peruvian Edition)

 

Doctors’ civil liability
(Responsabilidad Civil de los Médicos)
Prologue: Fernando Vidal Ramírez
Publishing house (in spanish): Editorial Jurídica Grijley
Year 2005

 

Doctors’ civil liability
(Fundamentos de Derecho Privado)
Prologue: Fernando de Trazeignies

 

General theory of the contract. In honour of Ricardo L. Lorenzetti, doctor and professor
(Teoría general del contrato. Homenaje al profesor doctor Ricardo L. Lorenzetti)
Coordinated by Carlos Alberto Soto Coaguila
Publishing house (in spanish): La ley
Year 2012

Ricardo Luis Lorenzetti is one of the most important Latin American jurists of the last decades. His legal work covers the academic field, as well as the professional practice as a lawyer and arbitrator in important cases in Argentina and Latin America. He is currently Minister of the Supreme Court of Argentina, having been elected (and re-elected) President of the Court two years after his appointment in 2006. Dr. Lorenzetti is one of those unusual figures in the legal world who, by his versatility and solidity, sets the standard for students and legal professionals, inside and outside the borders of his homeland, but also someone who projects- what is more important – legitimacy to the institutional framework. (Fragment of the Presentation, by Carlos Alberto Soto Coaguila)

 

 

BOOKS IN SPAIN

 

Principles and institutions of environmental law
(Principios e instituciones de Derecho ambiental)
Co-writer: Pablo Lorenzetti
Publishing house (in spanish): Wolters Kluwer España SA
Year 2019

The environmental paradigm acts as an organizational principle of rhetorical, analytical and protective thinking, which is linked to systemic interactions and holistic approaches. Under these premises, a coordination in the operation between the economic, social and natural systems is pursued, as well as a communicability of the principles between Public and Private Law. The goal is to address conflicts that usually arise within the social sphere, which includes public goods and those acts performed by the individual located in the collective action. In these cases, subjective rights are interpreted in such a way that they do not conspire against the integrity of such goods. In the relationship between property rights and the environment, an “environmental function” must be recognized, since the multiplicity of individual rights of the owners must be coordinated, oriented towards the preservation of the collective good. The environmental paradigm conceives nature as a collective good, scarce or in danger, and is willing to limit individual rights. A change in the notion of the rule of law occurs under this approach. The State of Environmental Law incorporates the collective variable and the protection of common goods as a central axis of public policies. On the other hand, legal instruments are also subject to revision and institutes are “environmentalized” such as the theory of property, civil responsibility and the process, among others. It is intended to place the legal systems in tune with the rules of nature in order to achieve greater implementation of Environmental Law.

 

 

The art of making justice. The intimacy behind the Argentine Supreme Court’s most difficult cases
(El arte de hacer justicia. La intimidad de los casos más difíciles de la Corte Suprema de Argentina)
Publishing house (in spanish): Aranzadi SA Thomson Reuters
Year 2015

What is it like to do justice in Argentina? What happens behind the doors of the Palace (Palacio de Tribunales)? How are the most delicate rulings solved? This book began with the idea of answering those questions and exposing the work of the Supreme Court to the citizens, to those who are not lawyers or don’t know the language of law. But it ended up becoming something bigger. Based on important cases, the book analyzes the conduct of diverse, multicultural societies, the articulation of conflicts and consensus, the protection of freedom of expression, the ability to freely decide our lifestyles, the debate on equality of subsidies or opportunities, social exclusion, environmental protection and the rule of law. Ricardo Lorenzetti, president of the Supreme Court from 2004 to 2018, narrates in this book, in a kind, “easy-to-read” language, with few (if not any) legal terms, and in the first person, the unknown details of the most complex cases that the Argentine Justice had to face in the last years and that gave birth to a rereading of the Constitution, facing the most acute problems of our society. The book shows the debates inside and outside the Court and marks the great guidelines of the 21st century’s new cycle of governance.

 

 

General theory of environmental law
(Teoría del Derecho Ambiental)
Publishing house (in spanish): Aranzadi SA Thomson Reuters
Year 2010

The legal history of the West was built on the basis of the protection of property and of the person, which left an indelible mark in numerous investigations, which lead to the application of that model of guardianship to a new area: the environment. Throughout this work, we try to demonstrate that this adaptation is incorrect because we are not in the presence of an analogous fact, but a completely different one. Therefore, it requires an appropriate theory … Environmental goods are not mere empirical facts that can be legislated, but they are part of a complex system that motivates its own regulations and classifying orders. All it takes is to observe the international treaties and national laws existing in the world on soils, seas, drinking water, glaciers, flora and fauna, pure air, global warming, species in extinction and others similar to appreciate the insufficiency of the analogy. (Fragment of the Preface)

 

Responsa iurisperitorum digesta – vol iv
In collaboration with Dres. Torcal, Montero, Cascajo Castro, Pavarini, López – Casanovas, Garro, Muñoz, Garrido, Ferré Olivé, Hassemer, Calvo Sánchez, Nogler y Tejerizo López. Written by Ricardo Luis Lorenzetti: “Considerations on civil responsibility in XXIth century (Reflexiones acerca de la responsabilidad civil en el siglo XXI)”, p. 47 a 82.
Publishing house (in spanish): Universidad de Salamanca
Year 2003

 

BOOKS IN URUGUAY

 

Private law fundaments. Argentine Civil and Commercial Code of the Nation
(Fundamentos de derecho privado: Código Civil y Comercial de la Nación Argentina)
Publishing house (in spanish): Thomson Reuters La Ley
Year 2016

 

Damage to the person
(Daño a la persona)
With Mosset Iturraspe, Fernández Sessarego, Odoqui Castilla. In honour of  Fernando Fueyo Laneri
Publishing house (in spanish): Editorial del Foro
Year 1996