Legal Definitions - civilista

A civilista is a legal expert, scholar, or practitioner who specializes in or adheres to the principles of civil law. This term is often used in historical contexts or when distinguishing legal systems, particularly those derived from Roman law, from common law systems.

• Imagine a distinguished professor at a university in Italy whose entire career is dedicated to studying, teaching, and writing commentaries on the Italian Civil Code. This professor would be considered a civilista because their expertise lies exclusively within the codified statutes and principles of a civil law system.

• Consider a judge in Brazil presiding over a complex contract dispute. Brazil operates under a civil law system, meaning the judge primarily applies codified laws and statutes rather than relying heavily on previous judicial decisions (precedent). In this context, the judge is acting as a civilista, interpreting and applying civil law principles to resolve the case.

• Think of a legal historian researching the evolution of property rights in continental Europe from the Roman Empire through the Napoleonic era. This historian, by focusing on the development and application of Roman law and its successors, is studying the work of past civilistas and contributing to the understanding of civil law history.