The opositions to roman law professorships of 1943 (álvaro d’ors pérez- peix, faustino gutiérrez alviz and francisco hernández tejero) (1st part)

Abstract

A study is presented about the oppositions to professorships of Roman Law held in Madrid in 1943 and in which, in two areas, three candidates appeared: Francisco Hernández Tejero, Faustino Gutiérrez Alviz y Álvaro d'Ors. The inedit originals of the written 5th and 6th exercises of the opposition are edited, the latter in two sections. Sixty five years later, with a perspective vision, and 8 of the lawyers involved in said opposition having died, the contribution to the study of Roman Law and the international reknownment of Álvaro d'Ors is stated as superior to the other two rivals and to the group of 5 members that were judges of this Court, in part because of the specialisation and publications o various of them in subjects different to Roman Law, as Procedural Law, Germanic Law, Spanish High Middle Ages Law, Civil Law and Canonic Law. 1943 oppositions were the christening of an original and brilliant Romanist. The study is based on the inedit minutes of said opposition that are kept in the General Archive of the Spanish State Administration.