REMINISCENCIAS CANÓNICAS EN LA PRAXIS PROCESAL CORDOBESA DURANTE LA SEGUNDA MITAD DEL SIGLO XIX, ARGENTINA

Abstract

: The second half of the 19th century brought with it a series of more than relevant legal transformations in the Argentinean territory of Cordoba of the time. Notwithstanding these incipient changes, one can see the survival of practices and legislation typical of the Indian order remaining on the legal-pro-cedural field. Taking into consideration, on the one hand, the strong relationship between law and religion in colonial law and, on the other hand, the survival of the latter during the second half of the nineteenth century, this paper seeks to analyze a specific practice: the request for excommunication in a civil trials. It will thus investigate the role of spiritual penalties within civil jurisdiction. This analysis will contribute to the study of the limits between civil and ecclesiastical jurisdic-tion at the end of the 19th century. In this direction, in order to discern transformations and boundaries between the two jurisdictions, we propose a compar-ative study between a text of forensic practice and provincial procedural laws.