Abstract

MENDOZA, Yoleida Vielma. The person, supreme good of the right. A look at the evolution of the protection of the person in the Spanish law. Rev. Derecho [online]. 2019, n.20, pp.189-221.  Epub Dec 01, 2019. ISSN 1510-3714.  https://doi.org/10.22235/rd.vi20.1874.

The person constitutes the supreme good of the right, it is considered the end and the middle of this. This ancient and limited protection of the person began in the field of public law, with solemn statements in constitutions and declarations of human rights (American cases of 1776, and French, of 1789), and through administrative and law law Criminal, which was insufficient when not effective. The civil systems for a long time limited their guardianship to the simple compensation when there were damages derived directly from an injury or one of those physical and spiritual manifestations of the person, which also left a broad Unprotected field. This led to the encouragement of the civil legislator the need to regulate the rights of personality and its special tutelage from a new and broader perspective, sometimes in a unitary way, although not always total or omnicompresiva. So he tried, with surprising sense of anticipation and modernity, the first project of Spanish Civil Code, of 1821, influenced by the political philosophy of the Constitution of Cadiz. Then, and with the antecedent of the Portuguese Civil Code, of 1867, it deals with the partial issue and still poorly, the German BGB and the Swiss code, and more recently the Italian of 1942, more broadly and mode Keywords: right, person, protection of the person, right of damages, damages to the persons, but not complete.

Keywords : person; right of damages; damages to the person; protection of the person..

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