Napoleonic Code


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Related to Napoleonic Code: Napoleon Bonaparte, Concordat of 1801

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 ?
When one examines Justinian's Code, the Napoleonic Code, or the Civil Code of Quebec, one notices that the laws are worded in a general way.
The Napoleonic code basically puts the rights of the state over the individual, whereas the British systems, English and Scottish, are rooted in a defence of property rights.
The text points out, accurately, that countries with common-law derivatives such as Caribbean nations, as well as European countries adhering to the Napoleonic Code, view private property much the same way Americans do.
According to women's rights lawyer Laure Moghaizel, this arcane law is not, as one would assume, from the Sharia, but from the Napoleonic Code of 1804, portions of which Lebanon has adopted.
Originally found in the Napoleonic Code, decennial liability was a liability imposed upon contractors which assumed that any defects that showed up within a ten year period were defects of construction.
The Napoleonic Code, the Dutch-Roman Principles, and of course the English Common Law all made it clear.
Moore, Jordan's counsel and a partner with the international law firm of Covington & Burling LLP, observed: "In this case, an entire national legal system and a longstanding doctrine of construction law in the Arab Middle East, which dates back to the Napoleonic Code and should not be controversial, were misunderstood, wrongly impugned, and rather aggressively challenged under a treaty that did not properly apply to the facts of this case.
A number of reciprocal agreements were signed with various foreign governments between 1760 and 1782 that for all practical purposes made the droit d'aubaine a legal dead letter, although it was not officially abolished until the Revolution (then briefly revived in the Napoleonic Code before being permanently put to rest in 1819).
In sum, Hesse argues convincingly that after 1789 French women found new opportunities to define themselves in print as modern individuals and that post-revolutionary successors benefited from the new publishing realities, the limitations of the Napoleonic code on married women's rights to make contracts notwithstanding.
He implied that this correlation between martial puissance and homoerotic fervor explained why the Napoleonic Code showed no particular objection to male homosexual acts.
For example, legal systems that adhere to the Napoleonic code will treat a claim differently from those adhering to U.
First of all, Corpus Juris does not mean that a Napoleonic code will replace our English legal system.