El derecho civil, una recolección de actuaciones morales

Abstract

This article is the first advance in the investigation on the proposal of reform to the Colombian Civil Code, for it is part of the need to make an update of this statute given the social, political, cultural, religious, ethical and moral changes of Colombia in the last 30 years, approximately. With the appearance of the Constitution of 1991 the application of the right had a change, step from being a State of Right to a Social State of Right, reason for which the application of rules of moral and ethical type acquire importance, generating therefore the obligation to make a constitutionalization of private law.

Morals is a basic component of fundamental rights and the rules of interpretation for a new scheme and regulation of civil law in Colombia. Thinking about it, in addition, implies recognizing that these new rules that are projected in the proposed code have the purpose of seeking a benefit in the community, a benefit that consists of maintaining social peace and thus, perhaps, conceive the concept of happiness.

In this first advance, in development of the first objective proposed in the research project: “Analyze the Colombian Civil Code against constitutional jurisprudence and human rights,” the mentioned components are a basis in many of the sentences issued by this Constitutional Court and, at the same time, the basis for making a constitutional reading of the civil order for this new era in Colombia.