Abstract

RODRIGUEZ, Benjamín M. Una justicia no tan lejana: los comerciantes y el tribunal del Consulado de Buenos Aires, entre su fundación y los primeros años independientes. Rev. hist. derecho [online]. 2014, n.47, pp.149-176. ISSN 1853-1784.

This paper analyzes the justice of the Consulate of Buenos Aires between its founding in 1794 and the years after 1810. It was a judicial institution, part of the Spanish State, which was in the hands of traders and dispensed justice in commercial affairs. This justice had some distinctive characteristics that were particularly reflected on the judicial procedures and that affected the relations between judges and litigants. Some features were his proceed "a estilo llano, verdad sabida y buena fe guardada", the prohibition of lawyers in the courts and the search of brevity. In this article, the justice of the Consulate will be examined across the social distance from the actors to the justice. I propose that those who were closer to the governance of the institution had more tools than their opponents for a successful outcome. This examination shall be conducted through the review of some significant lawsuits for my perspective. Also, I observe the arbitral dimension of the Consular's  justice through the same prism. Finally, I reflect on their use for the analysis of this space. 

Keywords : Consulate; Distance; Justice; Traders.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )