Napoleonic Code

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Napoleonic Code

The first modern organized body of law governing France, also known as the Code Napoleon or Code Civil, enacted by Napoléon I in 1804.

In 1800, Napoléon I appointed a commission of four persons to undertake the task of compiling the Napoleonic Code. Their efforts, along with those of J. J. Cambacérès, were instrumental in the preparation of the final draft. The Napoleonic Code assimilated the private law of France, which was the law governing transactions and relationships between individuals. The Code, which is regarded by some commentators as the first modern counterpart to Roman Law, is currently in effect in France in an amended form.

The Napoleonic Code is a revised version of the Roman law or Civil Law, which predominated in Europe, with numerous French modifications, some of which were based on the Germanic law that had been in effect in northern France. The code draws upon the Institutes of the Roman Corpus Juris Civilis for its categories of the civil law: property rights, such as licenses; the acquisition of property, such as trusts; and personal status, such as legitimacy of birth.

Napoléon applied the code to the territories he governed—namely, some of the German states, the low countries, and northern Italy. It was extremely influential in Spain and, eventually, in Latin America as well as in all other European nations except England, where the Common Law prevailed. It was the harbinger, in France and abroad, of codifications of other areas of law, such as Criminal Law, Civil Procedure, and Commercial Law. The Napoleonic Code served as the prototype for subsequent codes during the nineteenth century in twenty-four countries; the province of Québec and the state of Louisiana have derived a substantial portion of their laws from it. Napoléon also promulgated four other codes: the Code of Civil Procedure (1807), the Commercial Code (1808), the Code of Criminal Procedure (1811), and the Penal Code (1811).

Napoleonic Code

the name given to the French Civil Code. It brought together existing rules and implemented many of the new ideas of revolution. The provisions are brief and require judicial interpretation according to its spirit. Its structure is based on its civilian heritage and very broadly follows Justinian's Institutes (see CORPUS JURIS CIVILIS). The influence of the Code came from its implementation across Napoleon's sphere of influence including parts of Italy and Germany. The Code was a successful export, especially to the Americas. Its influence was weakened only when the German Civil Code (BGB) began to be copied by newer systems.
References in periodicals archive ?
The work will be a biennial and / or ten-year guarantee, according to the articles of the French Civil Code.
It is important to note that in French law, although the emancipated minor is fully capable, similarly to a major, in case of marriage and adoption the same rules are applicable as to the non-emancipated minor, under article 413-6 of the French Civil Code.
Indeed, article 212 of the French Civil Code states: "Married partners owe each other the duty of respect, delity, help and assistance.
DOHA FOR the first time ever, the French civil code, whose laws form the basis of the legal system of the majority of Arab countries, including Qatar, is available in the mother tongue of these countries, the Arabic language, and in a fine reference edition published by Dalloz, renowned French publishers of legal works.
The French Civil Code stipulates mortgage and pledge separately from contracts and property.
Drawing attention to a section of the French Civil Code which states "everyone has the right to privacy", she said courts have generally been strict in enforcing that right.
Although portions of the French Civil Code were imported directly (notably with regard to private property), certain aspects of classical Islamic jurisprudence were codified with modifications intended to reform elements subject to abuse.
In the same year, it also amended Article 2011 of the French Civil Code which relates to the setting up of trusts.
Yes, Drivers Jonas registered part of the team it sRent to Cannes, but even if it had not registered any staff, operating as it did or ' the whole of Cannes, would contravene French competition laws under French Civil Code, article 1382.
Article 2059 of the French Civil Code similarly lays down that persons "may compromise rights that are freely available to them".
Why did the Code Napoleon--the French Civil Code of 1804--expressly forbid paternity searches, asks Fuchs (history, Arizona State U.
The court was told that the decision had been based on a section in the French civil code which deals with matters which might "threaten public order or the fundamental interests of the nation".