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José Castán Tobeñas

José Castán Tobeñas (1889–1969) was a Spanish jurist and judge.

After studies in Zaragoza and a much-lauded doctoral thesis submitted in Madrid, he taught civil law at Zaragoza, Madrid, Murcia, Barcelona and Valencia. He was appointed to the Supreme Court in 1933, and dismissed in 1936 during the Spanish Civil War.

In 1939, the Franco government appointed Tobeñas to a chair in Zaragoza and, in 1940, again to the Supreme Court, which he reorganised and presided over from 1945 to 1967. In addition, he led several legal reform projects and edited Spain's principal legal journal, Revista general de legislación y jurispridencia. His principal works, Derecho civil español común y foral (1922) and Derecho civil (1941/42) became standard textbooks.

Castán' judicial philosophy was guided by humanist and natural law ideas. He frowned on legal positivism and sought to soften the harshness of the law with individually tailored, socially responsible judgments of an independent judiciary. His work and personality caused Tobeñas to be considered Spain's leading jurist in the years after the Civil War. Even today, his name remains synonymous with Spanish civil law.

References

  • Dlugosch, Michaela (2001). "Tobeñas, José Castán". In Michael Stolleis (ed.). Juristen: ein biographisches Lexikon; von der Antike bis zum 20. Jahrhundert (in German) (2nd ed.). München: Beck. p. 125. ISBN 3-406-45957-9.


josé, castán, tobeñas, 1889, 1969, spanish, jurist, judge, after, studies, zaragoza, much, lauded, doctoral, thesis, submitted, madrid, taught, civil, zaragoza, madrid, murcia, barcelona, valencia, appointed, supreme, court, 1933, dismissed, 1936, during, span. Jose Castan Tobenas 1889 1969 was a Spanish jurist and judge After studies in Zaragoza and a much lauded doctoral thesis submitted in Madrid he taught civil law at Zaragoza Madrid Murcia Barcelona and Valencia He was appointed to the Supreme Court in 1933 and dismissed in 1936 during the Spanish Civil War In 1939 the Franco government appointed Tobenas to a chair in Zaragoza and in 1940 again to the Supreme Court which he reorganised and presided over from 1945 to 1967 In addition he led several legal reform projects and edited Spain s principal legal journal Revista general de legislacion y jurispridencia His principal works Derecho civil espanol comun y foral 1922 and Derecho civil 1941 42 became standard textbooks Castan judicial philosophy was guided by humanist and natural law ideas He frowned on legal positivism and sought to soften the harshness of the law with individually tailored socially responsible judgments of an independent judiciary His work and personality caused Tobenas to be considered Spain s leading jurist in the years after the Civil War Even today his name remains synonymous with Spanish civil law References EditDlugosch Michaela 2001 Tobenas Jose Castan In Michael Stolleis ed Juristen ein biographisches Lexikon von der Antike bis zum 20 Jahrhundert in German 2nd ed Munchen Beck p 125 ISBN 3 406 45957 9 This article about a Spanish lawyer judge or jurist is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Jose Castan Tobenas amp oldid 1096421724, wikipedia, wiki, book, books, library,

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