Introduction

We think Tourism represents a great deal for any state strategical development. We believe its diffusion and awareness must be so much present in formal as in informal education; thus, we will take over the law teaching issue in higher levels and oriented to tourism students.

From a historical perspective, it is not wrong to assert that Tourism syllabi, in South America in general and in our country in particular, are fairly new. And therefore the reflection on it remains, from a scientific point of view, in an embryonic state.

So recent is it that the UBA has not been able (neither it did not want to, nor has it not been allowed) to include a university academic offer . The first dilemma of the touristic career (still under debate) has been whether Tourism Ph.B., which comprehends hotel Management knowledge should be set forth, or it should be dealt with as two separate Ph.Bs with a common trunk. Although it is not our purpose to elucidate such an enigma, it is important to emphasize it, since it directly affects on any juridical subject content we should try to introduce.

We would also like to clear up that, previous to any discussion and for market reasons, Universities have come across the disjunctive as to incorporate careers related to hospitality industry into their faculties or departments. The second question was then: Where? Thus, some universities, chose a humanistic perspective and added them to their social sciences faculties . Others, from a more technical view, tended to attach them either to their Statistics department , or to the Geography department . The newest ones decided to create independent departments or faculties , others submitted their location to structural causes . And finally, there were institutions who, from an interpretation closer to management, set them in the Economics environment ; situation which, by the way, coincides with our country’s political definition .

But if it was such a problem to set the Tourism Ph.B. at Social Sciences Faculty, none the less problematic was it to set a Law subject into the respective Ph.B. degrees (Hotel Management or Tourism).

From the curricular layout beginnings, it seemed obvious that the normative subject, which gave unity to the whole vision of professional future, could not be absent from the sector’s regulatory frame. And although, to some extent, almost everyone agreed to set this knowledge in the last career grades, the main issues every subject should be based on were not usually dealt with, i.e.: What is taught?; how is it taught?; and what for?

No wonder just until a few years ago one could take any university program and notice that its core themes were some sort of fast and summarized Civil Law course, with some reference to Hotel Management laws and travel agencies. Nothing more contradictory or detached from the content, skills and appreciations students should incorporate during this stage of development. The underlying idea [...]