%0 Article %A Betancourt Serna, Fernando %D 2018 %T La recepción del ius commune privatum hispaniarum indiarumque %U https://dialnet.unirioja.es/servlet/oaiart?codigo=6971294 %X As its is known, the second millennium of the study and practice of Law througouht the western world practically coincides with the first millennium of the university as an institution, that is, the so-called Studium Generale, Universitas Studii, Universitas Studiorum. Out of these last millennium, the latter eight hundred years habe been devoted to the study of the utrumque ius, i. e. to the study of Justinian’s (527 – 565 A. D.) and the Corpus Iuris Canonici (12th – 15th centuries). These two Corpora iuris were the referent to the construction and application of the different national legislations (ius proprium – iura propria) of the whole Respublica christiana or Christianorum. The construction and application to each national legislation of the principles of both the Corpus Iuris Civilis and the Corpus Iuris Canonici brought about the ius commune of the Respublica Christiana. Yet the name ius commune is relative, in the sense that there is a duality between the common elements of the two Corpora on one side, and each national legislation (iura propria) on the other; this latter comprising for each kingdom both the civil law (ius saeculare proprium) and the domestic canon law (ius canonicum proprium). Excluding the UK, were the common law has maintained its predominance during the last thousand years, the last of the Western legal culture has shifted from the first eigth hundred years of the last millennium in wich the focus was the ius commune into the study during the last two hundred years of the national laws that were codified and written in the different national languages. In the paper it is sustained the these different national legislation are no more than an ius commune that has been fragmented and translated into the national languages. The paradoxis is that while the late Middle Ages Respublica Christiana meant, at the same time, a politica disaggegation and a legal uniformite, the Modern State born in the 19th and 20th centuries stood for the opposite, political unity and legal dispersion. In the World, the study of the utrumque ius officially started on October 28th 1538, when Pope Paulus III issued the decree In apostolatus culmine setting the Convento-Universidad de Santo Domingo in the Dominican Republic, the first university there, all the way to the 18th century. The only exception was Brazil, where the Portuguese did not set up any university and the Brazilian lawyers had to go to study at Lisboa / Coimbra (founded in 1290), yet Brazl also received the ius commune. The term utrumque ius is absolute (exclusively academic) but the term ius commune is relative and assumes the latter. Therefore, the ius commune survives till the adoption of the different civil codes in each nation, both in Europe and in Spanish America. This paper addresses the history of universities in Spanish Amercia from the 16th through the 18th century, and takes up the following questions: What can be considered ius commune privatum in Spanish America during this period? What are its particular secular an canonical sources?.