Resumo

TAMAYO Y SALMORAN, Rolando. Teoría jurídica y "derecho comparado" una aproximación y un deslinde. Isonomía [online]. 2007, n.27, pp.29-49. ISSN 1405-0218.

The comparison between institutions, orders and systems is done in a descriptive fashion. Jurisprudence's descriptive task has been there since its beginnings and applied to all positive Law. There is not a branch of Law called "comparative law", this is only a study or research method of jurisprudence; a legal-theoretical technique. The comparison is made through the reading of legal institutions or norms that can be explain away under the dominant legal theory or doctrine and the legal systems applicable. The description of law is made by the breakdown of orders and institutions. It must be emphasized that comparative law is not the studying of foreign law, but the theoretical models confronted and compared, as long as they belong to the same classification and under a common referential framework.